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STATE OF RAJASTHAN Vs. UNIVERSITY OF RAJASTHAN
3 (3) of the Act of 1974. 6. The issue of regularising the services of such teachers engaged the attention of the State and an Ordinance was promulgated in 1977 which however, did not fructify into any enactment. In the year 2008, the Rajasthan Universities Teachers (Absorption of temporary Teachers) Act, 2008 (in shor...
0[ds]13. The challenge which was raised by the State stood rejected by this Court and, as such, we cannot permit any fresh challenge.14. We have, however, considered the submissions advanced by all the learned counsel. In our view the matter is very clear. All the concerned teachers would not be entitled to any financi...
0
1,535
325
### 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: 3 (3) of the Act of 1974. 6. The issue of regularising the services of such teachers engaged the attention ...
V.N. KRISHNA MURTHY & ANR Vs. SRI RAVIKUMAR & ORS
appeal with the leave of the Appellate Court. Reference be made to the observation of this Court in Smt. Jatan Kumar Golcha Vs. Golcha Properties Private Ltd. (1970) 3 SCC 573 :- It is well settled that a person who is not a party to the suit may prefer an appeal with the leave of the Appellate Court and such leave sho...
0[ds]15. Section 96 and 100 of the Code of Civil Procedure provide for preferring an appeal from any original decree or from decree in appeal respectively. The aforesaid provisions do not enumerate the categories of persons who can file an appeal. However, it is a settled legal proposition that a stranger cannot be per...
0
2,739
781
### 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: appeal with the leave of the Appellate Court. Reference be made to the observation of this Court in Smt. Jatan Kumar Golc...
R & M Trust Vs. Koramangala Resi.Vigilance Group
the matter as still in discretion of the High Court, and the High Court in us discretion can refuse the issue of a writ because of the laches of the applicant." 30. In the case of Ramana Dayaram Shetty vs. The International Airport Authority of India & Ors. reported in AIR 1979 SC 1628 , even five months delay was cons...
1[ds]We are primarily concerned with this Act and the Rules, subsequently, this Act of 1945 and Rules of 1964 have been repealed and they have been replaced by the Bangalore Development Authority Act, 1976, and the Bangalore Development Authority (Allotment of Sites) Rules, 1982. The entire controversy centres around t...
1
10,944
1,755
### Instruction: Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document. ### Input: the matter as still in discretion of the High Court, and the High Court in us discretion can refuse the...
Ram Gopal Vs. Nand Lal And Others
Sunder Lal, the brother of Meria, was in occupation of the double-storied shop from long before the Tamliknama was executed and Meria got any legal title to it. It appears from the record that in 1920 a suit was instituted on behalf of the infant Nand Lal for evicting Sunder Lal from the shop and the allegation in the ...
1[ds]8. It may be taken to be quite settled that there is no warrant for the proposition at law that when a grant at an immovable property made to a Hindu female, she does not get an absolute or alienable interest in such property, unless such power is expressly conferred upon her.The reasoning adopted by Mitter J. of ...
1
4,844
1,283
### 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: Sunder Lal, the brother of Meria, was in occupation of the double-storied shop from long before t...
Anil Hoble Vs. Kashinath Jairam Shetye & Others
the High Tide Line. That area has to be treated as “No Development Zone”, except for repairs of “existing authorized structures” (on the date of the Notification i.e. 19th February, 1991) and not exceeding the permissible FSI, plinth area and density and for permissible activities. Sub-clause (iii) deals with CRZ area ...
0[ds]9. Relying on(i), (iii) and (iv), it was contended that the Tribunal committed error in law on two counts. Firstly, in assuming that the structure within CRZ area can be used only as a dwelling unit, and secondly, that repairs and renovation permission can be given only to such dwelling units. This submission does...
0
3,336
1,168
### 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 High Tide Line. That area has to be treated as “No Development Zone”, except for repairs of “existing authorized struct...
Commissioner of Income Tax, Faridabad Vs. Ghanshyam
Similarly, under Section 23(2) of the 1894 Act there is a provision for solatium which also represents part of enhanced compensation. Similarly, Section 28 empowers the court in its discretion to award interest on the excess amount of compensation over and above what is awarded by the Collector. It includes additional ...
1[ds]27. In the case of Hindustan Housing (supra) certain lands belonging to thewhich was in the business of dealing in land and which maintained its account on mercantile system, were first requisitioned and then compulsorily acquired by the State Government. The Land Acquisition Officer awarded Rs.24,97,249/as compen...
1
7,989
2,284
### 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: Similarly, under Section 23(2) of the 1894 Act there is a provision for solatium which also represents part of en...
State Of Punjab Vs. M/S. Jullunder Vegetables Syndicate
no assessment can be made on a firm which has lost its character as an assessable entity.10. To get over this legal position, a strong plea was made on the basis of S. 16 of the Act. Section 16, so far relevant to the present enquiry, only says that if a dealer discontinues his business, it shall within the prescribed ...
0[ds]14. The Allahabad High Court in Jagat Behari Tandon v. The Sales Tax Officer, Etawah, (1955) 6 STC 125: (AIR 1956 All 23 ), maintained the assessment of a dissolved firm on the ground that it was not a separate entity. The Madhya Pradesh High Court in Lalji v. Asst. Commr., Sales Tax, Raipur, (1958) 9 STC 571 (Ma...
0
3,235
803
### 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: no assessment can be made on a firm which has lost its character as an assessable entity.10. To get over this leg...
State Of A.P Vs. Thakkidiram Reddy
be one of the tests to prove that he shared the common object, but it is not the sole test. Coming now to the present case, the fact that at the dead of night a mob of persons armed with various weapons forcibly trespassed into the house of the deceased after breaking open the door, clearly indicates that they had form...
0[ds]Viewed in the context of the above observations of this court we are unable to hold that the accused persons were in any way prejudiced due to the errors and omissions in the charges pointed out by Mr. Arunachalam. Apart from the fact that this point was not agitated in either of the Courts below, from the fact th...
0
5,288
1,161
### Instruction: Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding. ### Input: be one of the tests to prove that he shared the common object, but it is not the sole test. Coming now to the pres...
Rajesh Bajaj Vs. State Nct Of Delhi
the complaint that one of the representatives of appellants company went to Germany in October 1995 for realising the amount on the strength of an understanding reached between them that respondent would pay 2,00,000 D.M. in lieu of the remaining part of the price. However, the respondent did not honour even that subse...
1[ds]The crux of the postulate is the intention of the person who induces the victim of his representation and not the nature of the transaction which would become decisive in discerning whether there was commission of offence or not. The complainant has stated in the body of the complaint that he was induced to believ...
1
1,431
212
### Instruction: Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction. ### Input: the complaint that one of the representatives of appellants company went to Germany in October 1995 for...
Sagar Pandurang Dhundare Vs. Keshav Aaba Patil & Others
or brought to its notice, by following the procedure mentioned above.[(2A) If any Panchayat fails to take action under sub-section (2), the Collector suo motu or on an application made in this behalf, may take action as [provided in that sub-section, and submit the report thereof to the Commissioner]. The expense of su...
1[ds]10. The case before us is of a post election scenario, wherein the Collector has taken steps to disqualify an elected member on the petition filed by certain individuals much after the election.Thus, under the statutory scheme, an encroacher is liable to be evicted by the Panchayat and if the Panchayat fails, the ...
1
5,133
849
### 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: or brought to its notice, by following the procedure mentioned above.[(2A) If any Panchayat fails to ta...
Pudumjee Pulp and Paper Mills Limited Vs. Union of India
cause notice but the representation was turned down by order dated July 4, 1979 and that gave rise to the filing of the present petition under Article 226 of the Constitution of India. It is required to be stated at this juncture that the advantage of Exemption Notification Nos. 198/76 and 216/76 was available only upt...
1[ds]We find considerable merit in the submission of the learned counsel. As mentioned hereinabove, the petitioners were paying excise duty on the manufacture of grease proof and glassine paper by seeking advantage of exemption prescribed under Notification No. 42/73 dated March 1, 1973. Notification No. 216/76 dated J...
1
2,186
362
### 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: cause notice but the representation was turned down by order dated July 4, 1979 and that gave rise to the fil...
BENGAL CHEMICALS AND PHARMACEUTICALS LTD Vs. AJIT NAIN
challenged the notice dated 23.05.2018 and filed a second writ petition being WP No.7934(W) of 2018 before the High Court of Calcutta. The Single Judge of the High Court vide order dated 19.06.2018 dismissed the writ petition by extending the time to file the show cause to the notices.10. Being aggrieved by the dismiss...
1[ds]15. In the nature of the order which we propose to pass, we are not inclined to go into the merits of the rival contentions of the parties. Admittedly, the lease has come to an end on 31.05.2014 by efflux of time. According to respondent No.1, the meeting was held on 20.05.2014 in the office of appellant No.1 and ...
1
1,779
395
### 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: challenged the notice dated 23.05.2018 and filed a second writ petition being WP No.7934(W) of 2018 before th...
Oryx Fisheries Pvt.Ltd Vs. Union Of India
Rule 43 of the MPEDA Rules, read with office order Part II No.1840/2005 dated 25/11/2006, I hereby cancel the Registration Certificate No.MAI/ME/119/06 dated 03/03/2006 issued to you. The original Certificate of Registration issued should be returned to this office for cancellation immediately.In case you are aggrieved...
1[ds]39. On the question whether the entire proceeding for cancellation of registration initiated by the show cause notice and culminating in the order of cancellation is vitiated by bias we can appropriately refer to the succinct formulation of the principle by Lord Reid inRidge v. Baldwin and others (1964 A.C.40). Th...
1
4,888
692
### Instruction: Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences. ### Input: Rule 43 of the MPEDA Rules, read with office order Part II No.1840/2005 dated 25/11/2006, I hereby cancel the Registration...
Antrix Corp. Ltd Vs. Devas Multimedia P. Ltd
would be governed by the 1996 Act and called upon Devas to appoint its nominee Arbitrator under the said provisions. As Devas did not respond to the Petitioners letter dated 30th July, 2011, the Petitioner filed the application under Section 11(6) of the 1996 Act.30. In the instant case, the Arbitration Agreement provi...
0[ds]29. In the instant case, Devas, without responding to the Petitioners letter written in terms of Article 20 of the Arbitration Agreement, unilaterally addressed a Request for Arbitration to the ICC International Court of Arbitration for resolution of the disputes arising under the Agreement and also appointed its ...
0
5,781
1,198
### 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: would be governed by the 1996 Act and called upon Devas to appoint its nominee Arbitrator under the said provisions. As Deva...
Haryana State Electricity Board Vs. State of P.H. & Others
service, seniority shall be determined according to their seniority in that service if they are confirmed on the same date. 13. For all these reasons, we have no manner of doubt that according to rule 7-A the seniority of Pritam Singh had to be fixed according to his relative seniority in Class II. It is common ground ...
1[ds]9. In our judgment, the question of seniority between Pritam Singh and the Respondents had to be determined with reference to rulewhich was applicable to them as they were substantively appointed to a post in the service after November 17, 1948. Ruledeals with those who have been confirmed in a particular class an...
1
4,293
1,661
### 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: service, seniority shall be determined according to their seniority in that service if they are confi...
Link International and Another Vs. Mandya National Paper Mills Ltd
though they were aware that only the shell was to be supplied, it is clear that the appellants as agents had facilitated playing of a fraud on the respondent. For this the appellants would in law also be personally liable.5. The High Court has dismissed the appeal of the appellants. The High Court has also, on an analy...
0[ds]7. A reading of the judgments of the Trial Court and the High Court does indicate that both these courts have given an extended meaning to the term "entered into" as used in S.230 of the Contract Act. In our view, on the facts of this case, it is not at all necessary for us to decide whetheror not such an extended...
0
1,708
428
### 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: though they were aware that only the shell was to be supplied, it is clear that the appellants as agents had ...
M/s Oudh Sugar Mills Ltd Vs. Union of India & Anr
Determination for 1984-85 Production) Order, 1984 and Sugar Price Determination for 1985- 86 Production) Order, 1985 and direct the opposite parties to further continue to place the petitioners sugar factory along with the other sugar factories of district Sitapur in the Uttar Pradesh east zone and may further direct t...
0[ds]7. The price of levy sugar is fixed for a zone with an intention to ensure to the manufacturers of the sugar in the zone a reasonable return on their overall production and investment, provided that the units are running economically and efficiently. Sugar was a controlled commodity during the relevant time, cover...
0
1,351
645
### 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: Determination for 1984-85 Production) Order, 1984 and Sugar Price Determination for 1985- 86 Production) Order, 1985 and dir...
United India Insurance Co. Ltd Vs. Rakesh Kumar Arora
Skandia Insurance Company Limited vs. Kokilaben Chandravadan and others 1987 ACJ 411. 13. Mr. K.L. Nandram, learned counsel appearing on behalf of the appellant contended that keeping in view the provisions of Secs.4 and 5 of the Motor Vehicles Act 1988, the question of any willful default on the part of the owner is w...
1[ds]On all pleas of breach of licensing conditions taken by the insurer, it would be open to the Tribunal to adjudicate the claim and decide inter se liability of insurer and insured; although where such adjudication is likely to entail undue delay in decision of the claim of the victim, the Tribunal in its discretion...
1
1,943
204
### 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: Skandia Insurance Company Limited vs. Kokilaben Chandravadan and others 1987 ACJ 411. 13. Mr. K.L. Nandram, learn...
UNION OF INDIA Vs. RAKESH MALHOTRA & ANR
data in regard to the quantity of oxygen which has been allocated to NCT of Delhi since 28 April 2021. The figures which have been indicated before the Court are as follows: 28 April 2021 - 431.26 MT 29 April 2021 - 409.38 MT 30 April 2021 - 324.63 MT 1 May 2021 - 422.04 MT 2 May 2021 - 447.59 MT 3 May 2021 - 433.09 MT...
1[ds]19. At the outset, it needs to be clarified that the reason why this Court has been persuaded to take up these proceedings during the pendency of the contempt proceedings in the High Court is because recourse to the contempt jurisdiction against two officers (one of whom, Ms Dawra, has tested COVID-19 positive but...
1
3,579
879
### 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: data in regard to the quantity of oxygen which has been allocated to NCT of Delhi since 28 April 2021. The...
The Commissioner Of Income-Tax,Bombay City Vs. The Khatau Makanji Spinning Andweaving Co. Ltd., Bombay
yearly Central Act. The Finance Act also follows the same scheme, and lays down the rate at which the tax is to be collected. In the Finance Act, the tax is laid on the total income, but two provisos modify the rate under certain circumstances. We may at this stage read the relevant provision (Part I, First Schedule):"...
0[ds]8. By the first Proviso, a rebate of one anna per rupee is given to a company which pays dividends less than 9 annas in the rupee out of its profits. By the second Proviso, the rebate disappears, and an additional income-tax has to be paid on dividends in excess of that limit, paid in the yearThis fiction, as we h...
0
2,577
576
### 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: yearly Central Act. The Finance Act also follows the same scheme, and lays down the rate at which the tax is to be collecte...
ARMED FORCES EX OFFICERS MULTI SERVICES COOPERATIVE SOCIETY LTD Vs. RASHTRIYA MAZDOOR SANGH (INTUC)
relied on the testimonies of retrenched drivers, admitting to unemployment post retrenchment. He relied on the decisions of this Court in Mackinnon Mackenzie and Company Ltd v. Mackinnon Employees Union (2015) 4 SCC 544, and Workmen of Subong Tea Estate, Represented by the Indian Tea Employees Union v. Outgoing Managem...
0[ds]14. With respect to the first submission of Shri C. U. Singh, that this is not at all a case of closure but a simple case of retrenchment, the Tribunal as well as the High Court have held that the method and manner by which the workmen were retrenched clearly demonstrates that it is virtually a closure. We have no...
0
2,464
862
### 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: relied on the testimonies of retrenched drivers, admitting to unemployment post retrenchment. He ...
Union Of India Vs. Babubhai Nylchand Mehta
characteristics and uses. After quoting Item 17(2) of the schedule to the Act the High Court observed as under. "The mere perusal of this item makes it clear that the liability arises in relation to manufacture of paper and for which any process is ordinarily carried on with the aid of power. It is not in dispute that ...
1[ds]8. We find no force in the above contention. Once we hold that the coating and lamination and other process applied by the company in its factory amounts to manufacture, new products come into being. It does not remain an ordinary kraft paper and as such it is liable to excise duty of 40 per cent ad valorem as pro...
1
1,824
207
### 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: characteristics and uses. After quoting Item 17(2) of the schedule to the Act the High Court observed as u...
Alembic Glass Industries Limited Vs. Collector of Central Excise and Customs
the maximum price, as the case may be, so fixed, shall, in relation to the goods so sold, be deemed to be the normal price thereof;(iii) where the assesses so arranges that the goods are generally not sold by him in the course of wholesale trade except to or through a related person, the normal price of the goods sold ...
1[ds]7. In our view, this is the heart of the matter. The shareholders of a public limited company do not, by reason only of their shareholding, have an interest in the business of the company. Equally, the fact that two public limited companies have common directors does not mean that the one company has an interest i...
1
1,771
409
### Instruction: First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document. ### Input: the maximum price, as the case may be, so fixed, shall, in relation to the goods so sold, be deemed to be the normal price ...
Kumaranand Vs. Brij Mohan Lal & Another
statutory proceeding unknown to the common law power. It is also well settled that it is a sound principle of natural justice that the success of a candidate who has won at an election should not be lightly interfered with and any petition seeking such interference must strictly conform to the requirements of the law. ...
0[ds]It is clear from the terms of the tender that the amount was deposited in the High Court on behalf of the appellant Kumaranand as "security deposit" in the proceeding "Election appeal Kumaranand v. Brij Mohan Lal";, and the cashier endorsed on the tender form that the amount paid "may be deposited". The receipt wa...
0
2,491
1,037
### 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: statutory proceeding unknown to the common law power. It is also well settled that it is a sound principle of natural justic...
Saraladevi Vs. Divisional Manager, Royal Sundaram Alliance Ins. Co. Ltd
income of the deceased, the balance amount works out to Rs.20,13,000/- which amounts to a total loss of dependency (Rs.30,19,500/- minus Rs.10,06,500/-). The High Court further held that there is contributory negligence on the part of the deceased which was assessed at 25% which amount would be Rs.5,03,250/-. When this...
1[ds]10. In our considered view, the High Court has erred in not considering the principles laid down in the case of Sarla Verma & Ors. (supra) in so far as deduction of 1/4th of the monthly income of the deceased to arrive at the multiplicand and reducing the compensation by adopting the split up multiplier. Further, ...
1
2,162
743
### 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: income of the deceased, the balance amount works out to Rs.20,13,000/- which amounts to a total loss of depe...
KEISHAM MEGHACHANDRA SINGH Vs. THE HONBLE SPEAKER MANIPUR LEGISLATIVE ASSEMBLY
meant to be outside the pale of judicial review in paragraph 110 of Kihoto Hollohan (supra) are quia timet actions in the sense of injunctions to prevent the Speaker from making a decision on the ground of imminent apprehended danger which will be irreparable in the sense that if the Speaker proceeds to decide that the...
1[ds]11. We would have acceded to Mrs. Madhavi Divans plea that in view of this order of a Division Bench of this Court, the hearing of this case ought to be deferred until the pronouncement by a Five Judge Bench of this Court on the issues raised in the present petition. However, we find that this very issue was addre...
1
8,993
922
### 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: meant to be outside the pale of judicial review in paragraph 110 of Kihoto Hollohan (supra) are quia timet actions...
Ebrahim Aboobaker and Another Vs. Tek Chand Dolwani
done in consequence thereof."The section shows that where the property has vested in the Custodian, then the death of the evacuee or his ceasing to be an evacuee afterwards shall not affect the vesting or render invalid anything done in consequence thereof. The section seems to suggest that the vesting must take place ...
1[ds]He might have misapplied or misappreciated the law or committed an error in the assumption or exercise of jurisdiction, but that would not bring the case within the purview of Art. 31 (1) read with Art. 19 (1) (f) of the Constitution. The point is debatable and we do not desire to express any opinion upon this poi...
1
5,782
1,028
### 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: done in consequence thereof."The section shows that where the property has vested in the Custodian, then the death of the ...
V. K. A. Ranganatha Konar Vs. The Tiruchirappalli Municipal Council, By Itscommissioner,
the building and trees thereon. Section 4(4) contains a mandatory provision that if the amount found due is not paid within three months, the suit of the landlord shall stand dismissed. We will presently deal with the question of construing these two sub-sections. Meanwhile, we may refer to S. 10. Section 10(1) provide...
0[ds]In the case of such a decree, S. 4(4) cannot apply, because S. 4(4) postulates that a proper and valid decree has been passed in conformity with the requirements of S. 4(1). Section 4(4) provides a period of three months "from the date of the decree under sub-section (1)": it is the decree under sub-section (1) wh...
0
3,292
1,002
### Instruction: Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document. ### Input: the building and trees thereon. Section 4(4) contains a mandatory provision that if the amount found du...
SAI WARDHA POWER GENERATION LIMITED Vs. THE TATA POWER COMPANY LIMITED DISTRIBUTION & ORS
The basis for the order of the Commission dated 12.03.2018, allowing the petition filed by the HPCL is two- fold. Firstly, the Commission held that transmission licence was granted to TPC-T on 14.08.2014, in which the two110 kV Trombay - HPCL lines were shown as a part of TPC-T. The Commission observed that as long as ...
1[ds]17. Admittedly, separate licenses for transmission and distribution to TPC-T and TPC-D respectively were granted in 2014. There is no dispute that TPC-T included the 2x110 kV lines in its transmission assets. The network roll out plan submitted by TPC-D included lines upto 33 kV in its distribution network. An app...
1
3,170
608
### Instruction: Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction. ### Input: The basis for the order of the Commission dated 12.03.2018, allowing the petition filed by the HPCL is ...
State Of Rajasthan Vs. Babu Ram
Craies on Statute Law, Seventh ed. page 83-85). In the well known treatise - Principles of Statutory Interpretation by Justice G.P. Singh, the learned author has enunciated the same principle that the words of the Statute are first understood in their natural, ordinary or popular sense and phrases and sentences are con...
1[ds]13. In view of the aforesaid judgment by a three Judge Bench of this Court, the acquittal, as directed by the High Court, is clearly unsustainable. However, we find that other points were urged in support of the appeal before the High Court, but the High Court allowed the appeal filed by the accused only on the gr...
1
2,069
135
### 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: Craies on Statute Law, Seventh ed. page 83-85). In the well known treatise - Principles of Statutory Interpretation by Jus...
Satyendra Narain Singh and Others Vs. Ram Nath Singh and Others
CHANDRACHUD, C.J. Special Leave granted limited to the question of the propriety of briefing a son to appear before his father.1. In Bihar, there is an Association called the State Society for the Prevention of Cruelty to Animals. As if other forums do not provide enough opportunities for factious fights, there was an ...
1[ds]In these circumstances, nothing requires to be done in the matter of the interim injunction. It has to operate during the pendency of the suit. We hope. that the parties will remember that the dumb animals for whose welfare they have floated the Society, will be crying for their attention while they will be litiga...
1
676
272
### 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: CHANDRACHUD, C.J. Special Leave granted limited to the question of the propriety of briefing a son to appear before his fa...
Hanumanagouda Vs. United India Ins. Co. Ltd.
Shiva Kirti Singh, J. 1. Heard learned counsel for the appellant and learned counsel for the respondent-Insurance Company. 2. Due to accident involving a goods vehicle, a lorry, two persons died and others received injuries. All the thirteen claim petitions were decided by a common judgment dated 21.01.2002 by the Moto...
1[ds]The High Court has clearly fallen in error in holding that the insurer is not liable in respect of death of Hanumanth. The clause -employed in connection with theis clearly over and above the coverage provided by the policy toemployed in connection with loading/unloading of motorAs Gumasthe, the deceased was accom...
1
540
120
### 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: Shiva Kirti Singh, J. 1. Heard learned counsel for the appellant and learned counsel for the respondent-Insurance Company. ...
Delhi Cloth and General Mills Limited Vs. Union of India
he then was) in Motilal Padampat Sugar Mills Co. Ltd. v. State of U. P. ((1979) 2 SCR 641 at p. 695 : (1979) 2 SCC 409 ). The learned Judge had said : (SCC p. 452, para 33)We do not think that in order to invoke the doctrine of promissory estoppel it is necessary for the promisee to show that he suffered detriment as a...
0[ds]Section 28 is obviously based on the principle that the power derived from the monopoly of railway carriage must be used in a fair and just manner in respect of all persons and all descriptions of traffic passing over the railway area. In other words, equal charges should normally be levied against persons or good...
0
4,730
427
### 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: he then was) in Motilal Padampat Sugar Mills Co. Ltd. v. State of U. P. ((1979) 2 SCR 641 at p. 695 : (1979...
Associated Aluminium Industries (P) Limited Vs. The Registrar of Companies, Mumbai
licence agreement with prior written approval of the licensor to be granted on fulfillment of the condition, inter alia, that amalgamation or restructuring is sanctioned and approved by the High Court or Tribunal as per the law in force. The Department of Telecommunications guidelines provided that prior approval of th...
0[ds]11. Section 392, therefore, makes it clear that after the Court sanctions a compromise or an arrangement under Section 391 of the Act, it has power to supervise the carrying out of the compromise or an arrangement. The Court may also give such directions in regard to any matter or make such modifications in the co...
0
6,194
1,631
### 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: licence agreement with prior written approval of the licensor to be granted on fulfillment of the...
The Income Tax Officer, Distt. II (ii), Kanpur & Others Vs. Mani Ram & Others
S. 18A (1) so as to include only a "regular assessment" under Section 23 of the Act. There is no reason why Parliament did not add the word "regularly" in the sub-section so as to qualify the word "assessed". Since there is no such qualification, the word "assessed" in Section l8A (3) should be read in its ordinary sen...
0[ds]We are unable to accept this argument as correct. It should be noticed that the Parliament introduced certain amendments in S. 18A of the Act consequential to the introduction of S. 23B of the Act. There is a reference to the provisional assessment made under Section 23B in sub-section (5) of Section 18A, but Parl...
0
4,289
280
### 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: S. 18A (1) so as to include only a "regular assessment" under Section 23 of the Act. There is no reason why Parli...
Shradha Devi Vs. K.C. Pant and Others
on that basis, the preferences were valued and the points counted. Once again respondent 1 secured more points. The election petition was dismissed again and the appellant is once more before us.3. As already mentioned, the dispute is now confined to Ballot Paper No. 6. All the three of us (Desai, Chinnappa Reddy and V...
1[ds]The appellant says that the Commissioner were in error in making a recount by valuing all the 420 valid ballot papers instead of confining themselves to the ten disputed ballot papers which have been found to be valid. The submission was that the 10 ballot papers which have been rejected by the Returning Officer, ...
1
1,757
340
### 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 that basis, the preferences were valued and the points counted. Once again respondent 1 secured more poin...
Ahmad and Ors Vs. Mohd. Osman
the tenants. Incidentally, it also held that the premises in question are not required for bona fide purpose of the landlord i.e. for additional accommodation. The orders passed by the Principal Rent Controller, Secunderabad were questioned by the landlord/respondent herein in R.A. No.23 of 2001 and R.A. No.232 of 1999...
0[ds]7. We find that the Rent Appellate Court as well as the High Court have rightly and concurrently concluded that thehas established a jural relationship. The landlords mother, though was not in the habit of issuing rent receipts, had maintained the account book Exhibit P4, which depicts the rent paid by tenants. Ba...
0
1,225
179
### Instruction: Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document. ### Input: the tenants. Incidentally, it also held that the premises in question are not required for bona f...
Kalanka Devi Sansthan Vs. Maharashtra Revenue Tribunal, Nagpurl & Ors
in Section 2 (12) of the Act a person who is subject to any physical or mental disability shall be deemed to cultivate the land personally if it is cultivated by the servants or by hired labourer. In other words an idol or a Sansthan that would fall within the meaning of the word "person" can well be regarded to be sub...
0[ds]4. Now it is well known that when property is given absolutely for the worship of an idol it vests in the idol itself as a juristic person. As pointed out in Mukherjeas Hindu Law of Religions and Charitable Trust at Pages 142-143 this view is in accordance with the Hindu ideas and has been uniformly accepted in a ...
0
2,009
791
### 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: in Section 2 (12) of the Act a person who is subject to any physical or mental disability shall be deemed to cultivate the...
Amolak Chand Vs. Raghuveer Singh
Mr. Gupte put forward the argument that under the scheme and policy of the Act an elector can propose only one candidate for a single seat constituency and not more than one candidate and if more than one nomination is made for a single seat constituency, all the nominations should be taken to be null and void. We are ...
1[ds]It is true that S. 33 (6) as it stands at present enables a proposer to file more than one nomination paper in respect of the same candidate, but this sub-section has no bearing on the question presented for determination in the present appeal. It is manifest that there is no express ban or prohibition under S. 33...
1
1,521
602
### 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: Mr. Gupte put forward the argument that under the scheme and policy of the Act an elector can propose only o...
RAMESH CHAND (D) THR. LRS. AND ORS Vs. NAND LAL AND ORS
1. This appeal has been filed by the appellants against the judgment and order dated 25.10.2010 passed by the High Court of Judicature for Rajasthan at Jaipur in D.B. Special Appeal (Civil) No.16 of 2000.2. The plaintiffs suit for redemption of mortgage of four properties was initially decreed by the learned trial Cour...
0[ds]suit for redemption in the face of the terms of the sale agreements insofar as the two items of properties are concerned, could not have been decreed in view of Section 53A of the Transfer of Property Act, 1882. The plaintiffs could have but did not not bring an action for declaration of title and recovery of poss...
0
389
177
### 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. This appeal has been filed by the appellants against the judgment and order dated 25.10.2010 passed ...
M/S. D.J. MALPANI Vs. COMMISSIONER OF CENTRAL EXCISE, NASHIK
to spend the amount over charities will not affect character of the deposit. 17. This Court also relied on CIT, West Bengal, Calcutta vs. T ollygunge Club Ltd., Calcutta (1977) 2 SCC 790 : (1977) 107 ITR 776. In that case, the Court considered the nature of a surcharge of eight annas over and above the admission fees i...
1[ds]14. In case of a sale of goods, excise duty is chargeable where price is the sole consideration of a sale on `Transaction value?. `Transaction value? means the price actually paid or payable for the goods and any additional amount the buyer is liable to pay to the assessee or anyone on his behalf in connection wit...
1
3,386
1,589
### Instruction: Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding. ### Input: to spend the amount over charities will not affect character of the deposit. 17. This Court also relied on CIT, W...
Ceat Limited (Formerly Known As Ceat Tyres of India Limited) Vs. The State of Maharashtra and 5 Others
no doubt be necessary for determining the compensation payable for the interest outstanding in the claimants but that would not make it the subject of acquisition. 21. In the instant case, the Government has not transferred the title of the acquired land in favour of the Petitioner, but has only allotted the land to th...
1[ds]11. We have perused the record and considered the rival submissions advanced by the learned Counsel for the respective parties. It is not in dispute that the Petitioner-Company had applied to the erstwhile Government to allot land for setting up a tyre manufacturing unit at Bhandup. Pursuant to two separate agreem...
1
5,394
1,040
### 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: no doubt be necessary for determining the compensation payable for the interest outstanding in the claimants but that wou...
The Management of Narendra & Company Private Limited Vs. The Workmen of Narendra & Company
Kurian Joseph, J. 1. Leave granted. 2. Short question is whether the respondents-workmen are entitled to the back wages till the beginning of January, 1995 or till January, 1999. The Labour Court, Bangalore by award dated 02.08.2002 directed reinstatement of the workmen with 50 per cent back wages. That award was chall...
1[ds]6. Hence, the order for payment of back wages beyond January, 1995 is vacated, and in all the other aspects, the order passed by the Division Bench is retained. In case, the workmen have not been paid the benefits which they are entitled to, the same shall be paid within a period of three months from today, failin...
1
824
89
### 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: Kurian Joseph, J. 1. Leave granted. 2. Short question is whether the respondents-workmen are entitled to the ...
Fahim Ahmad Vs. United India Insurance Co. Ltd.
N.V. Ramana, J. 1. The short question, which arises for consideration in this appeal, is who is liable to pay the amount of compensation awarded by the Motor Accident Claims Tribunal, Udham Singh Nagar (for short, the Tribunal) in M.A.C.P. No. 98/2003 vide Award dated 06.08.2004. 2. Brief facts of the case are thus : O...
1[ds]6. Although the plea of breach of the conditions of policy was raised before the Tribunal, yet neither any issue was framed nor any evidence led to prove the same. In our opinion, it was mandatory for respondent No.e Company not only to plead the said breach, but also substantiate the same by adducing positive evi...
1
842
273
### 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: N.V. Ramana, J. 1. The short question, which arises for consideration in this appeal, is who is liabl...
Gujarat Maritime Board Vs. L&T Infrastructure Development Projects Ltd.
its executive capacity and is bound by the obligations of fairness.70.2. State in its executive capacity, even in the contractual field, is under obligation to act fairly and cannot practise some discrimination.70.3. Even in cases where question is of choice or consideration of competing claims before entering into the...
1[ds]13. Guarantee given by the bank to the appellant contains only the condition that in case of breach by the lead promoter, viz., the first respondent of the conditions of LoI, the appellant is free to invoke the bank guarantee and the bank should honour it …any demur, merely on a demand from GMB (appellant) stating...
1
3,782
284
### 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: its executive capacity and is bound by the obligations of fairness.70.2. State in its executive capacity, ev...
Sri Agasthyar Trust, Madras Vs. Commissioner of Income Tax, Madras
became an irrevocable trust. The powers of the trustee in respect of the said Trust continued to remain the same as set out in clause (8) of the partnership deed which has been extracted hereinabove. The said trustee was only required to carry out the objects of the Trust and spend the trust funds for charitable purpos...
1[ds]16. We are in full agreement with the principle stated in the aforesaid passage and we hold that the trustee had no authority or jurisdiction to execute a fresh trust deed and the document datedis of no consequence and is no more than a scrap of paper. The Trust as originally established by the deed datedremained ...
1
3,667
439
### 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: became an irrevocable trust. The powers of the trustee in respect of the said Trust continued to ...
Duke and Sons Vs. Union of India
Counsel, the order of the Assistant Collector declining to grant deduction in respect of transport cost of return of empty bottles to the factory cannot be sustained. ( 4 ) MRS. Mody then complained that the Assistant Collector was in error in disallowing the claim in respect of trade discount (rebate on cash sales). T...
1[ds]In our judgment, the submission is correct and deserves acceptance. It is necessary for the Assistant Collector to examine whether the claim made by the Company that the rebate was granted for a period over 30 years at fixed rate and is reflected in the vouchers and account books is correct or otherwise. The Assis...
1
1,684
272
### 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: Counsel, the order of the Assistant Collector declining to grant deduction in respect of transport cost...
Vikrant Tyres Ltd Vs. First Income Tax Officer, Mysore
authority which went in favour of the assessee, the Revenue refunded the amount due as per the said order of authority. Thereafter, when the matter was taken up ultimately in Reference to the High Court and the assessee lost the case, fresh demand notices were issued and it is also an admitted fact that in satisfaction...
1[ds]9. We are not in agreement with the High Court on the interpretation p0laced by it on Section 220(2) of the Act in regard to the right of the Revenue to demand interest in a situation where the assessee has promptly satisfied the demand made by the Revenue in regard to the tax originallywe apply this principle in ...
1
2,274
432
### 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: authority which went in favour of the assessee, the Revenue refunded the amount due as per the said order of authority. T...
Majestic Infracon Private Limited Vs. Etisalat Mauritius Limited, Republic of Mauritius & Others
orders along with these applications which are the subject matter of the appeals and by an ex parte interim order made on July 13, 1981, the learned company court judge appointed a Commissioner and that was questioned in the appeal. One of the objections of the appellants was that the learned judge had no jurisdiction ...
0[ds]4. The petitioner contended that it is just and equitable to wind up the company,on the ground that the substratum of the company has almost completely been eroded, that there is a deadlock in the management of the company and on the Board of Directors of the company and that there is a complete lack of uberrimafi...
0
28,349
7,388
### 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: orders along with these applications which are the subject matter of the appeals and by an ex parte interim order made on J...
Suresh Pathrella Vs. Oriental Bank Of Commerce
was an employee of insurance company. The disciplinary proceeding was initiated against him on the ground of antedating an insurance cover, which was decided against him. His appeal was dismissed by the appellate authority. The firm whose goods were destroyed in fire filed a suit against the insurance company impleadin...
0[ds]11. In our view, the findings recorded by the learned Single Judge are fallacious. This Court has taken the view consistently that acquittal in a criminal case would be no bar for drawing up a disciplinary proceeding against the delinquent officer. It is well settled principle of law that the yardstick and standar...
0
3,278
559
### 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: was an employee of insurance company. The disciplinary proceeding was initiated against him on the ground ...
Commissioner Of Income-Tax Bihar And Orissa Vs. Manager, Court Of Wards Estate, Bettiah
Mitter, J.1. This is an appeal from a judgment and answer of the High Court of Judicature, Patna, on a certificate granted by it under S.66-A (2) of the Income-tax Act of 1922 corresponding to S. 261 of the Income-tax Act of 1961. The Tribunal referred two questions of law to the High Court under S. 66 (1) :"1. Whether...
1[ds]On the facts as the same appear to us at persent it is not possible to hold that the estate of Bettiah has escheated to the State of Bihar. It is obvious that in case of such esheat there can be no assessment to income-tax. The position will be clarified after the appeal by Suresh Nandan Sinha is disposed of.
1
834
67
### 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: Mitter, J.1. This is an appeal from a judgment and answer of the High Court of Judicature, Patna, on a certificate granted ...
High Court of Delhi Vs. Devina Sharma
the learned senior counsel for the petitioner to inform the respondents through mobile phone or e-mail to submit their applications within the time limit prescribed by the High Court i.e. 12.03.2022, which shall, however, remain subject to the outcome of these petitions. Learned senior counsel is further directed to in...
1[ds]18. The time schedule for conducting the recruitment process to the judicial service has been stipulated by the judgment of this Court in Malik Mazhar Sultan (3) vs Uttar Pradesh Public Service Commission (2008) 17 SCC 703 . The object and purpose of the directions of this Court has been to ensure that the recruit...
1
2,605
1,515
### 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 learned senior counsel for the petitioner to inform the respondents through mobile phone or e-mail to submit t...
State Bank of India Vs. Collector of Customs, Bombay
countrywide use of software in the second invoice could be the charges for the right to reproduction and were these added to the price actually paid or payable for the imported goods. If we refer to the agreement, software is not sold to the SBI as such but it was to remain property of Kindle. There is no other value o...
1[ds]11. The agreement is dated June 29, 1991 between the SBI and Kindle (the licensor) and is for the supply and support of software. It is a detailed one runs into 30 parts with various clauses and Schedules. If we refer to some of the relevant clauses we find that Kindle is to provide a software to the SBI along wit...
1
5,361
1,885
### 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: countrywide use of software in the second invoice could be the charges for the right to reproduction and w...
Wahab Uddin & Ors Vs. Km. Meenakshi Gahlot & Ors
in the year 1987. They never applied for the post of Hindi Stenographers in the year 1987. Since there were no vacancies of English Stenographers in the District Court, Moradabad no appointments were made and appellants were not appointed on the post of English Stenographers of which they applied. However, they were pl...
0[ds]9. At the outset, it is required to be noted that initially the appellants participated in the selection process for the post of English Stenographers in the year 1987. They never applied for the post of Hindi Stenographers in the year 1987. Since there were no vacancies of English Stenographers in the District Co...
0
2,973
1,111
### 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: in the year 1987. They never applied for the post of Hindi Stenographers in the year 1987. Since there were no vacancies o...
Hindustan Brown Boveri Ltd. Etc Vs. State Of Gujarat
immediately on the goods being manufactured by the appellants as at that stage the goods were really taxable and that a subsequent event of sale to the electrical undertaking cannot be considered as having violated the said condition. The third ground urged by the appellants is that a transaction of sale involved two f...
0[ds]The solution to the question, therefore, lies on the true meaning of the expression taxablefind no substance in any of t he three grounds urged on behalf of the appellants for the reason that the present case is governed by the definition of the expression taxable goods in section 2(33) of the Act. It is interesti...
0
4,900
923
### 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: immediately on the goods being manufactured by the appellants as at that stage the goods were really taxabl...
Kashmiri Lal Vs. State of Uttar Pradesh
for reasonable suspicion of the stores being stolen or obtained unlawfully. It is only when the burden in respect of this is discharged by the prosecution that the onus shifts to the accused to account satisfactorily of his possession of the same.He may, for instance, show that he had purchased the property in open mar...
1[ds]3. Before any one can be charged with the offence under Section 3, it must be shown that he was in possession of railway stores which by the definition of section does not include all articles which are the property of a railway administration but only those which are used or intended to be used in the constructio...
1
1,507
742
### 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: for reasonable suspicion of the stores being stolen or obtained unlawfully. It is only when the burden in respect of this i...
All India Reporter Karamchari Sangh & Ors Vs. All India Reporter Limited And Ors
a law report could be used as a reference book at a later stage was not sufficient to hold that the law report did not contain public news when it was received by the subscriber.The High Court of Madras declined to follow the above decision of the Orissa High Court in its decision in T. V. Ramnath v. Union of India 197...
1[ds]The Act in question is a beneficent legislation which is enacted for the purpose of improving the conditions of service of the employees of the newspaper establishments and hence even if it is possible to have two opinions on the construction of the provisions of the Act the one which advances the object of the Ac...
1
4,266
136
### 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: a law report could be used as a reference book at a later stage was not sufficient to hold that the l...
RAJA RAM Vs. JAI PRAKASH SINGH
the deceased was living with him and had accompanied him to the office of the sub¬registrar. The plaintiff has not pleaded or led any evidence that the wife of the deceased was also completely dominated by the original defendants. In every cast, creed, religion and civilized society, looking after the elders of the fam...
0[ds]The pleadings in the plaint are completely bereft of any details or circumstances with regard to the nature, manner or kind of undue influence exercised by the original defendants over the deceased. A mere bald statement has been made attributed to the infirmity of the deceased. We have already held that the decea...
0
3,048
1,033
### 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 deceased was living with him and had accompanied him to the office of the sub¬registrar. The plaintiff...
Shankar Kisanrao Khade Vs. State of Maharashtra
personnel of the media or hotel or lodge or hospital or club or studio or photographic facilities, by whatever name called, irrespective of the number of persons employed therein, shall, on coming across any material or object which is sexually exploitative of the child (including pornographic, sexually related or maki...
0[ds]14. The above facts would clearly establish that the girl was last seen with the accused. PW8 evidence discloses that the girl and the accused were seen together at a point of time in proximity with the time and date of the commission of the offence. Last seen theory was successfully established by the prosecution...
0
12,420
1,037
### 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: personnel of the media or hotel or lodge or hospital or club or studio or photographic facilities, by whatev...
Serajuddin and Ors Vs. The State of Orissa
) (supra) Shah J, speaking for the majority in the case of Ben Gorm Nilgiri Plantations Co. (AIR 1964 SC 1752 ) (supra) observed:"This was undoubtedly a case of two sales resulting in export, and the first sale was held immune from State taxation: but that was so because the property in the goods had passed to the Indi...
0[ds]There may be a variety of transactions if the sale of commodity is followed by export. Foreign purchasers may purchase through their agents within the territory of India. Such a transaction is not in the course of export because the seller does not export the goods and it is not his concern as to how the purchaser...
0
16,926
1,553
### 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: ) (supra) Shah J, speaking for the majority in the case of Ben Gorm Nilgiri Plantations Co. (AIR 1964 SC 1...
MMTC LTD Vs. M/S.VEDANTA LTD
any independent understanding between the Appellant and the Respondent which was not governed by the agreement dated 14.12.1993.16. The Appellant has highlighted before us several correspondences addressed to it from the Respondent that refer to the fact that sales to HTPL had been made under the Respondent’s contract ...
0[ds]12. As far as interference with an order made under Section 34, as per Section 37, is concerned, it cannot be disputed that such interference under Section 37 cannot travel beyond the restrictions laid down under Section 34. In other words, the Court cannot undertake an independent assessment of the merits of the ...
0
3,321
1,466
### 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: any independent understanding between the Appellant and the Respondent which was not governed by the agreem...
Janki Sugar Mills & Co Vs. Commissioner Of Meerut Division, Meerut
Supply and Purchase) Act, 1953 and set out Cl. 3 of the U.P. Sugarcane Supply and Purchase Order, 1954. Under s.15(1) of the Act power has been conferred upon t he Cane Commissioner after consulting the factory and the cane-grower/Canegrowers Co-operative Society to (a) reserve any area (hereinafter called the reserved...
0[ds]On a fair reading of the sub-cls.(2) &(3) of cl. 3 of the Order two or three things become at once clear. In the first place sub-cl.(2) uses the expression may and provides that a cane-grower or Canegrowers Co-operative Society may within 14 days of the issue of an order reserving an area for a factory make an off...
0
3,283
720
### 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: Supply and Purchase) Act, 1953 and set out Cl. 3 of the U.P. Sugarcane Supply and Purchase Order, 1954. Under s.15(1) of ...
P.L. Lakhanpal Vs. Union Of India & Ors
would be the same as if one of the two grounds was irrelevant for the purpose of the Act or was wholly illusory and this would vitiate the detention order as a whole. These decisions cannot help the petitioner. In the first place the scheme of the Preventive Detention Act is entirely different from the Act and the Rule...
0[ds]If the decision is to be founded on a mere subjective satisfaction or opinion it would be in the former category but if it is to be founded on a fact it has to fall in the latter category and in that event it would have to be regarded as one based on an objective test. It follows that where the exercise of power i...
0
6,552
1,835
### 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: would be the same as if one of the two grounds was irrelevant for the purpose of the Act or was wholly illusory an...
The Commissioner Of Income-Tax, Madhya Pradesh & Bhopa Vs. Bhopal Textiles Ltd., Bhopal
sum of Rs. 4, 40,373 was held by the Department to have been received in British India. Of that sum, an amount of Rs. 29,588 which represented the receipts for supplies direct to Government is no longer in dispute. The balance represents the sum, which was the subject-matter of the reference.3. The usual appeal followe...
1[ds]It is a matter of some doubt whether the goods were absolutely at the disposal of the buyers after the railway receipts were handed over to the Bank. It is in evidence - and has been adverted to by the Income-tax Officer - that the Company, when it handed over the railway receipt to the Imperial Bank at Bhopal, di...
1
1,428
601
### 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: sum of Rs. 4, 40,373 was held by the Department to have been received in British India. Of that sum, an am...
Thalappalam Ser.Coop.Bank Ltd Vs. State Of Kerala
shall be no obligation to give any citizen – (a) to (i) xxx xxx xxx (j) information which relates to personal information the disclosure of which has no relationship to any public activity or interest, or which would cause unwarranted invasion of the privacy of the individual unless the Central Public Information Offic...
1[ds]We are of the opinion that when we test the meaning of expression ?controlled? which figures in between the words ?body owned? and ?substantially financed?, the control by the appropriate government must be a control of a substantial nature. The mere ‘supervision? or ‘regulation? as such by a statute or otherwise ...
1
11,305
828
### 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: shall be no obligation to give any citizen – (a) to (i) xxx xxx xxx (j) information which relates to personal information t...
M/s. Reliance Asset Reconstruction Company Ltd Vs. M/s Hotel Poonja International Pvt. Ltd
substantial difference between the parties as to the true legal position in this matter. 32. In the present case, reliance ought not to be placed on the balance sheet dated 16th August 2017 and letter dated 23 rd April 2019 primarily for two reasons. First, there is no evidence or material to show that the documents we...
0[ds]18. Admittedly, as stated in Part IV of the application filed by the Appellant in the NCLT under Section 7 of the IBC, the account of the Corporate Debtor was declared as Non Performing Asset on 1 st April, 1993, that is, over 15 years before the application under Section 5 was filed in the NCLT.19. It is well set...
0
4,483
2,253
### 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: substantial difference between the parties as to the true legal position in this matter. 32. In the present...
Madhya Pradesh State Road Transport Corporation Vs. Manoj Kumar
extended up to July 31, 2007, the employees could withdraw their offers before July 31, 2007. Further, as in all these cases where the offer was withdrawn before July 31, 2007, the High Court has dismissed the appeals of the Corporation herein. 22) At this juncture, therefore, other issue that gains importance and need...
0[ds]find that there are two distinct groups of employees who had submitted their applications for VRS. First group was the one which exercised its option between July 01, 2005 to August 01, 2005. Second set of employees are those who submitted their options when another chance was given to them, i.e. from October 12, ...
0
8,581
4,394
### 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: extended up to July 31, 2007, the employees could withdraw their offers before July 31, 2007. Fur...
KISHANRAO BHUJANGRAO BHALERAO Vs. STATE OF MAHARASHTRA AND OTHERS
analysis was conducted. As per Rule 7(3) of the Prevention of Food Adulteration Rules, 1955 (for short, the PFA Rules), the Public Analyst was required to submit his report within 40 days of receipt of sample. The Chief Judicial Magistrate held that compliance with this requirement had not been proved beyond reasonable...
0[ds]19. After carefully perusing the entire material on record including the judgments and orders passed by the High Court and the Chief Judicial Magistrate, we are of the considered view that the well reasoned and elaborate judgment and order passed by the High Court needs no interference by this Court.20. Upon consi...
0
1,851
266
### 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: analysis was conducted. As per Rule 7(3) of the Prevention of Food Adulteration Rules, 1955 (for short, the PFA Rules), th...
Tej Bahadur Vs. Shri Narendra Modi
electors as proposers and seconders cannot claim that he was duly nominated. Such a claim can only be made by a person who can show that his nomination paper conformed to the provisions of Section 5-B and yet it was rejected, that is, wrongly rejected by the Returning Officer. To illustrate, if the Returning Officer re...
0[ds]14. Having noted the above contention, we feel that it would be futile to advert to further details relating to the right claimed by the appellant with reference to the proviso while contending that such right available has been denied to him. This is for the reason that as on the date of filing the nomination the...
0
3,453
1,757
### 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: electors as proposers and seconders cannot claim that he was duly nominated. Such a claim can only be m...
Bhagat Punja Bagul Vs. Ceat Limited & Another
learned Single Judge, the employee seeking backwages, and the employer seeking to challenge the order directing the reinstatement of the Workman on some suitable post, considering the ailment of the workman.2.We have perused the Award dated 31st March,1997 passed by the Labour Court as well as the judgment dated 13th A...
0[ds]6.After having heard both the learned Counsel for the parties and perusal of the Award of the Labour Court and the judgment passed by the learned Single Judge, we do not find any error apparent or anything contrary to law. In fact, it is pertinent to note in this case, that it is not a case of reinstatement being ...
0
1,232
363
### 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: learned Single Judge, the employee seeking backwages, and the employer seeking to challenge the order directing the reinsta...
M/S B.Fine Art Auctioneers P.Ltd. Vs. C.B.I.
is to quash the FIR and not the order passed by the trial Court refusing to discharge the appellants from the criminal case filed by the CBI. The Writ Petition is mainly based on the ground that the basis of the FIR i.e. the earlier report of Archaeological Survey of India has been rendered redundant in view of the dec...
0[ds]12. It is evident from the record that after registration of the first information report the CBI made detailed investigation in the matter and filed charge sheet for the offence punishable under Section 25 (1) read with Section 3 of the Act. The trial court having taken cognizance of offences framed charges again...
0
1,915
260
### Instruction: Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding. ### Input: is to quash the FIR and not the order passed by the trial Court refusing to discharge the appellants from the...
Kehar Singh & Ors Vs. Dewan Singh & Ors
acquire a right to succeed to the collateral of the adoptive father, and in Indar Singh v. Mt. Gurdevi, AIR 1930 Lah 897 (Amritsar Jats), it was held that he was not a lineal descendant of the adoptive father within the meaning of S. 59 of the Punjab Tenancy Act. XVI of 1887. Conversely, the appointed heir retains the ...
1[ds]3. In agreement with the High Court we hold that it is not open to the defendants to contend that the adoption of Kala Singh by Megh Singh was invalid. In the written statement, the defendants did not allege that Megh Singh had no power to adopt Kala Singh, as Kala Singh was the daughters son of Megh Singh. As the...
1
2,805
1,304
### 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: acquire a right to succeed to the collateral of the adoptive father, and in Indar Singh v. Mt. Gurdevi, AIR ...
Ganga Ramchand Bharvani Vs. Under Secretary To The Government Of Maharashtra & Ors
or reproduction of a ground of satisfaction of the authority in the language of Section 3; nor is its connotation restricted to a bare statement of conclusion of fact. "Nothing less than a ll the basic facts and materials which influenced the detaining authority in making the order of detention must be communicated to ...
1[ds]Similarly, it is clear from the police records that the representation, dated March 24, 1980, of the detenus was considered by the Adviser to t he Governor of Maharashtra, the State then being under Presidents rule. The Adviser was competent under the Rules of Business framed under Article 166 to deal with and rej...
1
3,560
1,461
### 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: or reproduction of a ground of satisfaction of the authority in the language of Section 3; nor is its connotation ...
U.P. State Sugar Corporation and Anr Vs. Mahalchand M. Kothari and Ors
representative of the property placed in his hands as such. In determining his liability the court will only determine the liability of the property. It is not material whether the liability existed before or has accrued since his appointment. A contractual liability arising against the receiver during the course of ma...
0[ds]16. From the resume of the above facts gathered out from the photocopies of the proceedings of the writ petition, the fact which conclusively emerges is that the conditional interim stay granted on 9.7.1971 in the writ petition challenging constitutional validity of the Ordinance/Act stood vacated only on the fina...
0
5,614
2,046
### 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: representative of the property placed in his hands as such. In determining his liability the court will only determine the ...
State of Haryana & Others Vs. Devander Sagar & Others
be supplied by judicial interpretative process. Language of Section 6(1) is plain and unambiguous. There is no scope for reading something into it, as was done in Narsimhaiah case. In Nanjudaiah case the period was further stretched to have the time period run from date of service of the High Court’s order. Such a view...
1[ds]16. The plea relating to applicability of the stare decisis principles is clearly unacceptable. The decision in K. Chinnathambi Gounder v. Government of Tamil Nadu AIR 1980 Mad 251 : (1980) 2 MLJ 269 (FB)was rendered on 22-6-1979 i.e. much prior to the amendment by the 1984 Act. If the legislature intended to give...
1
4,782
971
### 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 supplied by judicial interpretative process. Language of Section 6(1) is plain and unambiguous. Ther...
M/S. Ansal Properties & Industries Ltd Vs. State Of Haryana
to the last submission of the counsel appearing for respondent No. 2 which relates to issue of waiver and acquiescence in view of the fact that payment was made by the appellant which was demanded from him under the aforesaid letters. 30. The correspondences between the parties in respect of payment of the aforesaid de...
1[ds]9. In the present case, the respondent No. 2 by letter dated 11.01.1988 informed the appellant Company that it was required to pay due amount of Rs. 3.72 lacs per gross acre on account of external development charges. It was also mentioned in the said letter that an amount of Rs. 3.72 lacs per gross acre, in fact ...
1
7,948
3,322
### Instruction: Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case. ### Input: to the last submission of the counsel appearing for respondent No. 2 which relates to issue of waiver and ac...
Hardwari Lal Vs. Kanwal Singh
is to further the prospects of the election are alleged as statements of facts.20. The importance of material facts and the distinction between the material facts and particulars was also brought out in another recent decision of this Court in Manubhai Nandlal amersey v. Ponatlal Manilal Joshi (1969) 3 SCR 217 = (AIR 1...
1[ds]17. The provisions of the aforesaid section indicate these heads of corrupt practice. First, the obtaining by a candidate or his agent or by any other giving of vote) for the furtherance of the prospects of that candidates election from any person in the service of the Government as mentioned in the section. Secon...
1
4,026
1,044
### Instruction: Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding. ### Input: is to further the prospects of the election are alleged as statements of facts.20. The importance of material fact...
Bajaj Auto Limited Vs. Rajendrakumar Jagannth Kathar & Others
To many employees appointments were given in similar way in seven years, eight years or nine years also. This is again a relevant circumstance for the decision of the present matters. This circumstance needs to be considered with other circumstance that company has admitted that rotation system was used during this per...
0[ds]14. One case reported as 2007 II C.L.R. 514 S.C. (U.P. Power Corporation vs. Bijlee Majdoor Sangh) was cited. This case is on totally different point. The employee was not holding requisite qualification and the question of regularization of such temporarily employed workman was involved in the case. Similarly, in...
0
3,903
833
### 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 many employees appointments were given in similar way in seven years, eight years or nine years al...
Shell Oil Storage and Distributing Company of India, Limited Vs. Burmah-Their Workmen and Another
This is the only decision of this Court brought to our notice dealing with the age of superannuation of workmen in the Delhi area. But from the award of the the tribunal, it is seen that in as many as 22 concerns in Delhi area, the age of superannuation of workmen has been fixed either by settlements or by awards at 60...
0[ds]We have ourselves examined the scheme; compared with the pension scheme prevailing either in the Union Government, or in the State Governments, that scheme must be considered as a fair one. So far as the other workmen are concerned, there is no pension scheme. Those workmen are no doubt paid some gratuity at the t...
0
2,328
487
### 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: This is the only decision of this Court brought to our notice dealing with the age of superannuation of...
Kamaraju Venkata Krishna Rao Vs. The Sub-Collector, Ongole And Anr
is but a caput mortuum, and some human agency is always required to take delivery of property and to apply it to the intended purposes. Their Lordships, with all respect to the High Court of Lahore, must not be taken as deciding that a "juristic personality" may be extended for any purpose to Muslim institutions genera...
0[ds]4. From these entries it is clear that the Inam was granted in favour of the tank known as "uracheruvu." It has been so considered at least ever since 1819. Therefore we are unable to uphold the contention of the appellant that it was a grant in favour of his family subject to the liability to repair the tank. It ...
0
2,068
267
### 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: is but a caput mortuum, and some human agency is always required to take delivery of property and to apply it to the inte...
Commissioner of Income Tax, M. P., Nagpur and Bhandara Vs. Kalooram Govindram
SHAH J. 1.The respondent is a Hindu undivided family which carried on business among others in oil mills, sugar mills and ginning factories. The respondent formed an association with another Hindu undivided family Ganga Prasad Bachhulal---to carry on a business styled "Govindram Sugar Mills". In assessing the income of...
0[ds]In our view, the High Court was right in holding that there was no real income received by the respondent. In the association styledm Sugar, the respondent shared losses in the agreed proportion.m SugarMills incurred heavy losses in its business transactions in the relevant year of account. Debit entries in the bo...
0
863
341
### 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.The respondent is a Hindu undivided family which carried on business among others in oil mills, su...
State of Mysore Vs. Padmanabhacharya & Others
Note 4. The presence of that word does not mean that the normal age of retirement is still 55 years. The reason why the word "generally" is used in the earlier part of Note 4 is to be found in the latter part of the same note where power has been given to the Director of Public Instruction to retire trained teachers at...
0[ds]On the second point, the High Court held that the notification of March 25, 1959 could not be a rule within the meaning of Art. 309 of the Constitution and could not have the effect of validating what had been done earlier with respect to trained teachers in contravention of the rule as to retirement. Thethen appl...
0
2,804
1,824
### 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 4. The presence of that word does not mean that the normal age of retirement is still 55 years. The reason why the wor...
Delhi Transport Undertaking Vs. Balbir Saran Goel
camouflage for inflicting punishment for breach of Standing Order 17 inasmuch as the respondent had approached the High Court under Art. 226 of the Constitution without exhausting the departmental remedies. The High Court relied on the observation in S. R. Tewari v. District Board Agra, (1964) 3 SCR 55 = (AIR 1964 SC 1...
1[ds]In that case the departmental enquiry did not proceed beyond the stage of submission of charge-sheet followed by the respondents explanation thereto. The enquiry was not proceeded with, there were no sittings of any enquiry Officer, no evidence was recorded and no conclusions arrived at on the enquiry. It was, the...
1
2,577
397
### 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: camouflage for inflicting punishment for breach of Standing Order 17 inasmuch as the respondent had approached the...
State Of Uttar Pradesh Vs. Pradip Tandon & Ors
of seats according to the Universities, the rule provided that seats in the general pool would be distributed University-wise. Seats in colleges affiliated to Karnataka University were to be allotted to persons passing from colleges affiliated to that University and seats in colleges affiliated to Bangalore and Mysore ...
1[ds]15. Broadly stated, neither caste nor race nor religion can be made the basis of classification for the purposes of determining social and educational backwardness within the meaning of Article 15 (4). When Article 15 (1) forbids discrimination on grounds only of religion, race, caste, caste cannot be made one of ...
1
5,919
1,804
### Instruction: Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences. ### Input: of seats according to the Universities, the rule provided that seats in the general pool would be distributed University-w...
Mathura Prasad Bajoo Jaiswal & Ors Vs. Dossibai N. B. Jeejeebhoy
res judicata. In that case the owner of an impartible estate, after his estate was released from management, executed a maintenance grant in favour of his minor son B, but without the sanction of the Commissioner as required by Section 12-A of the Act. B on attaining majority sued his father and brother for a maintenan...
1[ds]10. A question relating to the jurisdiction of a Court cannot be deemed to have been finally determined by an erroneous decision of the Court. If by an erroneous interpretation of the statute the Court holds that it has no jurisdiction, the question would not, in our judgment, operate as res judicata.Similarly by ...
1
2,735
483
### 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: res judicata. In that case the owner of an impartible estate, after his estate was released from management, exec...
R. Sai Bharathi Vs. J. Jayalalitha & Others
is possessed by a community - a measure which is indispensable for the adaptation of the individual to society. The authors of the Indian Penal Code stated that :- ....We cannot admit that a Penal Code is by any means to be considered as a body of ethics, that the legislature ought to punish acts merely because those a...
0[ds]the price offered by the respondents and accepted by TANSI cannot be termed to be not a fair price in regard to the properties in question going by the state of evidence on record. If the value of the properties is determined, as stated above, the view taken by the High Court in respect of the value charges under ...
0
17,166
701
### 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: is possessed by a community - a measure which is indispensable for the adaptation of the individual to society. The authors ...
Mun. Corp. Of Delhi Vs. Naresh Kumar
dwelling houses? are concerned, we are again of the view that the buildings or farm houses must be solely or substantially used for dwelling purposes, that is to say, with a degree of continuity and permanency, and not solely or substantially for agricultural purposes, then such buildings will fall inside the tax-net. ...
1[ds]Whether a land is an agricultural land or not is a mixed question of fact and law, which has to be decided in the facts and circumstances of the each case. We are not prepared to go into details, to determine whether the land involved in this appeal is ?agricultural land?, since that question has not been gone int...
1
1,658
157
### 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: dwelling houses? are concerned, we are again of the view that the buildings or farm houses must be solely or ...
Basti Sugar Mills Ltd Vs. Ram Ujagar And Others
Art. 19(1) (g) is equally devoid of substance. Assuming that the result of this definition of employer in sub-cl. (iv) of S. 2(i) is the imposition of some restrictions on the appellants right to carry on trade or business, it cannot be doubted for a moment that the imposition of such restrictions is in the interest of...
0[ds]The obvious purpose of this extended definition of the word "employer" is to make the owner of the industry, in the circumstances mentioned in the sub-clause, the employer of the workmen engaged in the work which is done through contract. The words used in the sub-clause are clearly sufficient to achieve thiswords...
0
2,514
921
### 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: Art. 19(1) (g) is equally devoid of substance. Assuming that the result of this definition of employer in s...
The Management of the Tata Iron & Steel Co. Ltd Vs. Chief Inspecting Officer & Others
is incidental purpose then it will not be entitled to the benefit. In the present case, neither of the situation arises. It is established that this hospital caters as a social measure for the employees of the appellant Management and its associated industries and for the benefit of the Government servants as well as p...
0[ds]So far as the definition of ‘business? is concerned, it is clear from the facts that right from the beginning when the Hospital was established, it was catering to the needs of the employees and their families at TISCO and its associated companies but at the same time it was open for the Government servants and pr...
0
5,467
1,284
### Instruction: Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding. ### Input: is incidental purpose then it will not be entitled to the benefit. In the present case, neither of the situat...
Maharaj Jagat Bahadur Singh Vs. Badri Prasad Seth
interfere and dismissed the application in revision. The present appeal is directed against this order of the learned single Judge.The learned Attorney General who appeared on behalf of the appellant has rightly pointed out that the, learned Judge of the High Court was in error in disposing of the case as though the ap...
0[ds]But even if the learned Judge of the High Court was in error in treating the application as one under a. 115, Code of Civil Procedure, the fact -still remains that he affirmed the findings of the learned District Judge and one of these findings was that the landlord did not require the building to carry out the re...
0
2,456
738
### 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: interfere and dismissed the application in revision. The present appeal is directed against this order of the lea...
Shankar Gopinath Apte Vs. Gangabai Hariharrao Patwardhan
the property was not consistent with the true facts, it is wrong for that reason to say that the power of attorney was a sham and colourable document. Admittedly;, immediately after the execution of the power of attorney, the appellant wrote a letter (Ex. 155) dated February 3, 1963 to the respondent accepting the powe...
0[ds]In view of our finding that the document was intended to be acted upon and was in fact acted upon, the argument or irrevocable licence does not survive for consideration. But having spent some time in chasing the argument, , we are constrained to say that such evidence as there is on the record seems inadequate to...
0
3,456
579
### 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 property was not consistent with the true facts, it is wrong for that reason to say that the power of attorney...
Union of India and Another Vs. Mustafa and Najibai Trading Company and Others
hearing if any judicial order is passed in respect of the cargo belonging to Respondent 3 and other persons. The replies that were filed on behalf of Respondent 1 before the Collector in response to the show-cause notice do not, however, support the said averment. Nor is there anything in the order passed by the Collec...
1[ds]10. The Collector held that the seized goods had been imported into India without an import licence and hence, in contravention of the prohibition imposed under Section 3 of the Imports and Exports (Control) Act, 1947 and clause 3 of the Imports (Control) Order, 1955 and were, therefore, liable to confiscation und...
1
11,993
4,821
### 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: hearing if any judicial order is passed in respect of the cargo belonging to Respondent 3 and other persons. The replies th...
Commissioner of Income Tax, Bombay City I Vs. Ciba of India Limited
to or applied for by it in respect of "sulphathiazole products" against infringement, and agreed to share equally all costs incurred and all damages or other sums received in respect thereof. Under Clause 8 of the agreement each party had to take all steps within its power to secure the observance of the terms of the a...
0[ds]7. Expenditure (not being in the nature of capital expenditure) laid out or expanded on scientific research related to the business of a person is an admissible allowance under Section 10 (2) (xii) of the Indian Income-tax Act in computation of the taxable profits and gains of the business of the assessee. One of ...
0
5,123
879
### 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: to or applied for by it in respect of "sulphathiazole products" against infringement, and agreed to share ...
Guru Datta Sharma Vs. State of Bihar & Another
ex facie regulatory may in substance be confiscatory...." Lord Radcliffe followed on the same lines and referred in this context to Slattery v. Naylor, (1888) 13 AC 446, where the validity of a municipal bye-law which prevented an owner from using the property which he had purchased-burial ground-for the only, purpose ...
0[ds]15. The succeeding provisions of the enactment far from supporting the case that the correct specification of the name of the landlord is a legal pre-requisite of a valid notification, points to the conclusion that so far as the notification is concerned the name of the landlord is not a legal requirement. For ins...
0
11,697
1,430
### 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: ex facie regulatory may in substance be confiscatory...." Lord Radcliffe followed on the same lines and referred i...
The Municipal Council, Madurai Vs. R. Narayanan Etc
shall be used as a market. Such resolution clearly affects land within the jurisdiction of the board and on the passing of such a resolution the board gets the further power to issue licences for holding of markets on lands within its jurisdiction by a resolution and also the power to impose an annual tax thereon." (p....
0[ds]7. It is this provision of the Calcutta Act (s. 548) which fell for construction before this Court in Liberty Cinema (supra). While one may discern a broad scheme in that Act, there is some wobbling in the sense that a power to tax is oddly placed in a Chapter primarily concerned with licences and permissions. The...
0
4,286
1,332
### 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: shall be used as a market. Such resolution clearly affects land within the jurisdiction of the board and on ...
Shri Beli Ram Vs. Shri Nand Kumar and Others
do not think we can accept this evidence as true. In the first place, Amrita Sharma was the niece of the appellant and was, therefore, interested in supporting him. Secondly, the counterfoil of the ballot paper issued in the name of Amrita Sharma bore a thumb imprecision and not a signature and it is difficult to belie...
1[ds]The contention of the first respondent was that if a recount had been made, it would have been clearly ascertained that he had secured higher number of votes than the appellant. Considerable argument was advanced before us in regard to this contention, but we do not think it necessary to deal with the same, since ...
1
8,877
942
### 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: do not think we can accept this evidence as true. In the first place, Amrita Sharma was the niece of the app...
Nawabganj Sugar Mills Company Limited & Others Vs. Commissioner of Income Tax, Delhi & Rajasthan
but to see whether there was evidence to support the findings recorded by the Tribunal and whether the finding could on that evidence be reasonably reached.19. We have already referred to the resolution dated July 26, 1944. The first criticism of MR. V. S. Desai is that the evidence of sub-agents appointed by the selli...
0[ds]17. We are of the opinion that there is no substance in these appeals. We have gone through the orders of the Income-tax Officer, the Appellate Assistant Commissioner, as well as the income-tax Appellate Tribunal. No doubt, there is a resolution produced by the appellants dated July 26, 1944 in and by which the su...
0
3,634
1,274
### 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: but to see whether there was evidence to support the findings recorded by the Tribunal and whether the finding cou...
MAHAVIR INSTITUTE OF MEDICAL SCIENCES Vs. UNION OF INDIA
the Petitioner. Thereafter, a compliance verification assessment was conducted on 13.03.2018. The Executive Committee of the Council considered the compliance verification assessment report dated 13.03.2018, the previous assessment report dated 8th & 9th November, 2017 along with photographs, videography as well as the...
0[ds]5. This Court is not equipped to adjudicate a factual dispute regarding the existence of staff, patients, clinical material and other facilities in a medical college and hospital. Deference has to be shown to findings of an expert body, which has found that the facilities in the Petitioner-College are inadequate. ...
0
1,290
306
### Instruction: Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document. ### Input: the Petitioner. Thereafter, a compliance verification assessment was conducted on 13.03.2018. The Execu...
M.ARUMUGAM Vs. AMMANIAMMAL AND ORS
It would be difficult to hold today the property which devolved on a Hindu under Section 8 of the Hindu Succession Act would be HUF in his hand vis¬à¬vis his own son; that would amount to creating two classes among the heirs mentioned in class I, the male heirs in whose hands it will be joint Hindu family property and ...
1[ds]10. When we read Section 6 of the Succession Act the opening portion indicates that on the death of a male Hindu, his interest in the coparcenary property shall devolve by survivorship upon the surviving members of the coparcenary and not in accordance with the Act. That would mean that only the brothers would get...
1
3,500
1,145
### 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: It would be difficult to hold today the property which devolved on a Hindu under Section 8 of the...
National Thermal Power Corpn.Ltd Vs. Mahesh Dutta
the public auctions so that the public also gets benefited by getting a higher value. 35. Furthermore the Collector under the Act was acting as a statutory authority. When possession has been shown to have been taken over not only in terms of sub-section (1) of Section 17 of the Act but also by grant of the certificate...
0[ds]32. The High Court, therefore, in our opinion, was correct in its view35. Furthermore the Collector under the Act was acting as a statutory authority. When possession has been shown to have been taken over not only in terms ofn (1) of Section 17 of the Act but also by grant of the certificate and other documents, ...
0
8,496
1,092
### Instruction: Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document. ### Input: the public auctions so that the public also gets benefited by getting a higher value. 35. Furthermore t...