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State of Uttar Pradesh Vs. Major Jitendra Kumar and Others
Tulzapurkar, J.1. The only question raised in this appeal pertains to adequacy of compensation and the points raised before us really dwell on appreciation of evidence on record and hence we are not inclined to interfere with the High Courts appreciation, especially as no breach of any principle of involved.2. About 80...
0[ds]It is true that the sale deed Ex. 21 upon which the High Court has relied is of a date three years later than the Notification under Section 4 but no material was produced before the Court to suggest that there was any fluctuation in the market rate at Meerut from 1948 onwards till 1951 and if so to what extent. I...
0
676
136
### 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: Tulzapurkar, J.1. The only question raised in this appeal pertains to adequacy of compensation and the ...
Shah Chhotalal Lallubhai & Others Vs. Charity Commissioner, Bombay & Others
as far as that intention can be carried out. If the method indicated by the founder cannot be carried out, the court will substitute another method cy pres, that is to say, as nearly as possible to the method specified by the founder. The application of to cy pres principle is explained in Storys Equity Jurisprudence, ...
1[ds]7. In this view of the matter, it is not necessary to decide whether the trust is a trust for religious purposes, and if so, whether, having regard to Ratilal Panachands case, 1954 SCR 1055 : (AIR 1954 SC 388 ), its income or surplus balance spendable for the purposes of the trust can be diverted for other purpose...
1
4,805
1,214
### 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: as far as that intention can be carried out. If the method indicated by the founder cannot be carried out, the cou...
M/S. Produce Exchange Corpn. Ltd Vs. Commissioner Of Excise, Assam & Ors
privilege of manufacturing or of supplying to licensed vendors or of manufacturing and supplying to licensed vendors any country liquor or intoxicating drug within any specified local area. In the absence of any rule, the Government could have exercised that power in the manner most advantageous to the State so long as...
1[ds]7. From the facts stated earlier, it is clear that the Government considered the tenders by it to be unsatisfactory and hence unacceptable. That is clear from its letter to the tenderers asking them to reduce the price quoted. It is true that ultimately it granted the contract to the 5th respondent at the very rat...
1
1,867
543
### 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: privilege of manufacturing or of supplying to licensed vendors or of manufacturing and supplying ...
K.S. Subbiah P-Illai Vs. The Commissioner Of Income Tax
S.P. Bharucha, J. 1. In these appeals filed by the assessee, which is a HIndu Undivided Family, we are concerned with the Assessment Years 1959-60 to 1965-66 and 1969-70 and 1970-71. The question that we are required to consider reads thus : "Whether, on the facts and in the circumstances of the case, the remuneration ...
1[ds]3. The High Court, having analysed the law, rightly concluded that the broad principle that emerged was whether the remuneration received by the coparcener was in substance one of the modes of return made to the family because of the investment of the family funds in the business or whether it was compensation mad...
1
510
192
### 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: S.P. Bharucha, J. 1. In these appeals filed by the assessee, which is a HIndu Undivided Family, we ar...
State Of Assam & Anr Vs. Bharat Kala Bhandar Ltd. & Ors
elaborate procedure provided for resolution of industrial disputes by industrial tribunals may not be desirable. Even so in the absence of express words in sub-r. (4) to show that the power thereunder depends for its exercise entirely on the subjective satisfaction of Government we would not be prepared to hold that th...
1[ds]13. This analysis of R. 126-AA shows that it is a provision for maintenance of essential services during an emergency, and it is with that object that various powers are conferred on the Central Government or the State Government including the pointer of regulating wages and other conditions of service of persons ...
1
7,995
3,808
### 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: elaborate procedure provided for resolution of industrial disputes by industrial tribunals may not be...
Lalrivenga Vs. State Of Mizoram
the Act had been published in the Official Gazette and argued that in the absence of such publication, the Division Bench of the High Court was not justified in relying upon the publication of declaration issued under Section 6 in the Official Gazette for recording a finding that Section 4(1) notification must have bee...
1[ds]12. We have considered the respective submissions/arguments and carefully scrutinized the record. In our view, the reasons assigned by the Division Bench of the High Court for setting aside the order of the learned Single Judge are legally unsustainable. Section 4(1) of the Act, which provides for publication of p...
1
2,380
753
### 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: the Act had been published in the Official Gazette and argued that in the absence of such publication, the D...
Rajasthan State I.D.I.Corpn. Ltd. Vs. Diamond & Gem Dev. Corpn. Ltd.
to provide an approach road with respect to the land which was allotted; and that RIICO had failed to co-operate with the respondent-company to accomplish the task it had undertaken, and that the order of cancellation was liable to be set aside for lack of jurisdiction and for want of competence.25. The aforesaid reaso...
1[ds]It is evident from the above, that generally the court should not exercise its writ jurisdiction to enforce the contractual obligation. The primary purpose of a writ of mandamus, is to protect and establish rights and to impose a corresponding imperative duty existing in law. It is designed to promote justice (ex ...
1
7,280
1,101
### 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 provide an approach road with respect to the land which was allotted; and that RIICO had failed to...
Chaturbhuj. Panda & Ors Vs. The Collector, Raigarh
the evidence of the witnesses supporting that claim is unacceptable. Relying on certain official reports and the pamphlets published by certain individuals as to the yield from Orange, Mosambi and Gauva trees, average span of life of those trees and the market value of Orange, Mosambi and Gauva, the High Court re-asses...
1[ds]It is true that the witnesses examined on behalf of the appellants have not been effectively cross-examined.It is also true that the Collector had not adduced any evidence in rebuttal; but that does not mean that the court is bound to accept their evidence. The Judges are not computers. In assessing the value to b...
1
1,683
638
### 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 evidence of the witnesses supporting that claim is unacceptable. Relying on certain official report...
Kanhaiyalal Vs. Dr. D.R. Banaji & Others
is attacked on the ground that the owner of the property was dead at the date of the sale, or that there had been some fraud in connection with the sale proceedings, or that he had been kept out of his remedy under the Code by some fraudulent act, or that there was really no arrear due in respect of the property sold, ...
0[ds]7. So far as the Indian Courts are concerned, it is settled law that a sale held without making attachment of the property, or without duly complying with the provisions of the law relating to attachment of property, its not void but only voidable.Rule 52 of O. 21 of the Code of Civil Procedure, requires that wher...
0
4,773
1,343
### 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: is attacked on the ground that the owner of the property was dead at the date of the sale, or that there ha...
Bihar State Financial Corpn.&Ors Vs. M/S.Chemicot India P.Ltd.&Ors
respect of land. (c) Valid SSI, Registration Certificate. Clause 24: The concern shall have to submit D.G.T.D., Registration Certificate. 3. The agreement was registered on 31.3.1988, although no D.G.T.D. Certificate had been furnished. According to the 1st respondent, its unit being a small one, furnishing of such cer...
1[ds]9. The Corporation is a statutory organization. Ordinarily, the Court in exercise of its writ jurisdiction, should not interfere with a decision taken by it, but, it is well settled, that the doctrine of promissory estoppel would apply as against the financial corporation if a case is made out therefor10. In the w...
1
1,342
350
### 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: respect of land. (c) Valid SSI, Registration Certificate. Clause 24: The concern shall have to submit D.G.T....
SAURAV YADAV & ORS Vs. STATE OF UTTAR PRADESH & ORS
in the very same paragraph and the illustration given thereafter are absolutely clear on the point. 30. The decision of this Court in Public Service Commission, Uttaranchal vs. Mamta Bisht (2010) 12 SCC 204 was also completely misunderstood. In that case one Neetu Joshi had secured a seat in General Category on her own...
1[ds]16. Thus, the facts which stand accepted or admitted on record are as under:-a) In pursuance of the directions issued by this Court in its Order dated 24.07.2019, selection to the 3295 (Though the Order dated 24.07.2019 mentioned the figure to be 3294 (2312+982), according to the State, the actual figure is 3295.)...
1
19,916
5,787
### 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: in the very same paragraph and the illustration given thereafter are absolutely clear on the poin...
Ponnaiyah Ramajayam Institute of Medical Sciences Vs. Union of India & Another
any deficiencies or shortcomings, MCI must, after pointing out the deficiencies, grant to the college concerned sufficient time to report compliance.(D) If compliance is reported and the applicant states that the deficiencies stand removed, MCI must cause compliance verification. It is possible that such compliance cou...
1[ds]20. As thein the inspectionsby the MCI on29/30.12.2015, 10.3.2016 and 28/29.12.2016 would reveal several deficiencies including those in faculty, residents,, bed occupancy etc. had been detected. Whereas as per the said reports, the deficiency in faculty had fluctuated from 22.72% to 46.15%, in residents, it range...
1
4,705
639
### 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: any deficiencies or shortcomings, MCI must, after pointing out the deficiencies, grant to the college concerned su...
Collector Of Customs, Calcutta Vs. East India Commercial Co. Ltd
tribunal. As a result of the confirmation or affirmance of the decision of the tribunal by the appellate authority by the original decision merges in the appellate decision and it is the appellate decision alone which subsists and is operative and capable of enforcements."6. The matter was considered again by this Cour...
1[ds]The High Court has however not noticed this later decision of the Rajasthan High Court to which the learned Chief Justice who was party to the earlier Rajasthan case was also a party. The main reason which impelled the High Courts, which held otherwise, was that the order of the original authority got merged in th...
1
3,129
941
### 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: tribunal. As a result of the confirmation or affirmance of the decision of the tribunal by the appellate a...
Raja Ram Chandra Reddy & Another Vs. Rani Shankaramma & Others
sufficiently dealt with there, presumably in view of a concession made by the Government Advocate before them as shown by the following passage in their judgment."Shri Anand Swarup Choudhury, Advocate, on behalf of the Government very candidly conceded before us that if it is held that the Revenue Minister had no juris...
1[ds]The conflict of title arises from the fact that on the death of Raja Durga Reddy, Virasat for the Jagir had been sanctioned in the name of Rani Shankaramma by Firman of 1903 and that by the Nizams Firman dated 26-8-1934 the adoption of Ramachandra Reddy by Rani Lakshmayamma was sanctioned by the Nizam as regards C...
1
11,709
2,566
### 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: sufficiently dealt with there, presumably in view of a concession made by the Government Advocate before them as shown by ...
S.Malla Reddy Vs. M/S Future Builders Co-Op.Sty.
be rejected as an abuse of the process of Court. 17. It is contended by the learned counsel for the defendants that subsequent to the filing of I.A. No.416 of 2000, defendants came to know through the report of an expert that the written statement filed on their behalf was typed on the same typewriter on which the plai...
0[ds]Although the defendant-appellants filed the petition for striking out their own pleading i.e. written statement, labelling the petition as under Order VI Rule 16 CPC, but in substance the application was dealt with as if under Order VI Rule 17 CPC inasmuch as the trial court discussed the facts of the case and did...
0
6,066
364
### 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: be rejected as an abuse of the process of Court. 17. It is contended by the learned counsel for the d...
Ramesh Narang Vs. Rama Narang & Others
officials of the Court are included in the Advisory Committee in order to enable the Administrator to avail of the official machinery of the Court for getting his decisions implemented. Dhanuka, J. has also stated in his order that the meetings and the working of the Advisory Committee may be organised, as far as pract...
1[ds]66.We also cannot part with this matter without expressing our views on another aspect. Dhanuka, J. directed that the Administrator shall be assisted by an Advisory Committee of the plaintiff; the defendant No.3; the Prothonotary and Senior Master or a senior officer of the High Court on the Original Side recommen...
1
31,514
2,028
### 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: officials of the Court are included in the Advisory Committee in order to enable the Administrator to avail o...
Shikharchand Jain Vs. Digamber Jain Praband Karini Sabha & Others
appellant on the facts of this case. In the last case this Court said:"If in dealing with a question of fact that first appellate court has placed the onus on a wrong party and its finding of fact is the result, substantially of this wrong approach, that may be regarded as a defect in procedure under Section 100 (1)(c)...
1[ds]4. The first appellate court has held that Shikharchand was in possession over the disputed land since 1937 and has become the owner thereof by adverse possession before Smt. Rajrani transferred the land to the plaintiff. Sri Tarkunde, counsel for Shikharchnd, says that it is a finding of fact and that accordingly...
1
3,415
1,154
### 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: appellant on the facts of this case. In the last case this Court said:"If in dealing with a question of fact that first app...
Dipak Babaria Vs. State Of Gujarat
of all that is stated above is that the land which was purchased by respondent No.4 for Rs.70 lakhs is permitted by the Government of Gujarat to be sold directly to respondent No.5 at Rs.1.20 crores to set up an industry which could not have been done legally. It is undoubtedly not a case of loss of hundreds of crores ...
1[ds]) Therefore, when Indigold informed the Collector on 6.12.2008 that they were ‘no moreto put up any industrial project, and were disposing of the entire piece of land to their prospective client, the Collector was expected to hold the necessary enquiry. This was the minimum that he was expected to do. After holdin...
1
17,816
2,875
### 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: of all that is stated above is that the land which was purchased by respondent No.4 for Rs.70 lakhs is permit...
TRF Ltd Vs. Energo Engineering Projects Ltd
their authority to nominate cannot be questioned. What really in that circumstance can be called in question is the procedural compliance and the eligibility of their arbitrator depending upon the norms provided under the Act and the Schedules appended thereto. But, here is a case where the Managing Director is the "na...
1[ds]9. We have reproduced the entire Clause 33 to appreciate the dispute resolution mechanism in its proper perspective.(c) of Clause 33 clearly postulates that if the dispute cannot be settled by negotiation, it has to be determined under the Act, as amended. Therefore, the amended provisions doa careful scrutiny of ...
1
12,720
1,114
### Instruction: Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document. ### Input: their authority to nominate cannot be questioned. What really in that circumstance can be called in que...
Reliance Airport Developers Pvt. Ltd. Vs. Airports Authority of India and Ors.
authority to decide has been delegated to it unlawfully, or (4) it is without competence to deal with a matter by reason of the parties, the area in which the issue arose, the nature of the subject-matter, the value of that subject-matter, or the non- existence of any other pre-requisite of a valid adjudication. Excess...
0[ds]It is to be noted that the ultimate authority to take the decision in the matter was EGOM. It was within the powers of EGOM to decide as to what inputs it can take note of and the source of these inputs. Therefore, the necessity for taking views of various committees constituted appears to be a step-in the right d...
0
22,836
3,826
### 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: authority to decide has been delegated to it unlawfully, or (4) it is without competence to deal with a matter by reason o...
Indian Carbon Ltd Vs. Superintendent Of Taxes, Gauhati & Ors
dismissed. 3. In the writ petition as also the return filed in reply thereto and before the High Court the provisions of certain other enactments were mentioned. These were the Assam Finance Sales Tax Act, 1956 as amended from time to time and the Assam Sales of Petroleum and Petroleum Products, including Motor Spirit ...
1[ds]are wholly unable to agree with the reasoning or the conclusion of the High Court with regard to the ambit and scope of Clause (i) of Section 14 of the Central Act. The language is clearly wide and coal has been stated to include coke in all its forms. It is not denied that petroleum coke is one of the forms of co...
1
1,481
487
### 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: dismissed. 3. In the writ petition as also the return filed in reply thereto and before the High Court the pr...
State of Maharashtra and Another Vs. Chandrakant Anant Kulkarni and Others
by the former State Governments of Madhya Pradesh and Hyderabad for promotion to the post of STOs formed part of the conditions of service of ASTOs from Madhya Pradesh and Hyderabad 19. Mere chances of promotion are not conditions of service and the fact that there was reduction in the chances of promotion did not tant...
1[ds]Rules 2(d) of the Departmental Examination Rules of Sales Tax officers and Assistant Sa les Tax officers issued by the Finance Department of the former Hyderabad Govt. under their Notification number 1118/3 S. T. dated the 24th January, 1956 lays down that Inspecting officers, Sales Tax Officers (Class I and II) a...
1
6,854
2,202
### 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: by the former State Governments of Madhya Pradesh and Hyderabad for promotion to the post of STOs formed pa...
Savita Chemicals Pvt. Ltd Vs. Dyes & Chemical Workers Union
may be, in connection with these matters which were not expressly so covered and referred to in the settlement and thus matters which were expressly not so covered could be made the subject matter of grievance by the parties concerned during the currency of such settlement and if a strike is resorted to by the union of...
0[ds]When we examine the impugned strike notice, we find that all these four basic requirements ofhave been complied with in the present case. The name and address of the Trade Union which served the notice are clearly mentioned, the date of the notice is also indicated, the name of the addressee of the notice and his ...
0
11,334
265
### 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: may be, in connection with these matters which were not expressly so covered and referred to in the settlement and thus ma...
Ravindra Nath Vs. Raghbir Singh & Anr
117 with consequential adaptations for the purposes of the proviso to S. 97 (1), it will appear that the treasury receipt showing the deposit of the security must be produced before the Tribunal along with the notice of recrimination.It follows that the recriminator must give the security referred to in Section 117 by ...
1[ds]notice of recrimination is thus in substance a counter petition calling in question the claim that the other candidate has been duly elected. In this background, it is not surprising that the legislature provided that notice of recrimination must be accompanied by the statement and particulars required by Sec. 83 ...
1
2,870
449
### 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: 117 with consequential adaptations for the purposes of the proviso to S. 97 (1), it will appear that th...
Kistamma Vs. Dr. H. T. Vira Reddy
from the record the form of the question and answer given by the witness. Failure on the part of the presiding Judge and the lawyer for Dr. Reddy to obtain a clarification is of some importance. We have carefully read the record of the evidence and we are of the view that the evidence of this witness is vague and unsat...
1[ds]3. Normally in an appeal with special leave, this Court does not enter upon a reappraisal of the evidence. But, in our judgment, this is one of those exceptional cases in which departure from the normal practice is called for. The High Court was of the view that the Trial Court and Jagdisan, J., had misread the ev...
1
2,939
1,494
### 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: from the record the form of the question and answer given by the witness. Failure on the part of the ...
Kanhiayalal Vs. Rameshwar and Others
1. Special leave granted.2. We heard Mr. Naunit Lal, learned counsel for the appellant and Mr. H. K. Puri, learned counsel for respondent 1. We are of the opinion date the High Court was clearly in error in holding that the appeal preferred by the present appellant had abated on account of the death of the judgment-deb...
1[ds]We are of the opinion date the High Court was clearly in error in holding that the appeal preferred by the present appellant had abated on account of the death of thewho was one of thedo not propose to examine the first contention. But the second contention which we are inclined to accept is sufficient to dispose ...
1
673
257
### 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: 1. Special leave granted.2. We heard Mr. Naunit Lal, learned counsel for the appellant and Mr. H. K. Puri, learne...
Ruston & Hornsby Ltd Vs. The Zamindara Engineering Co
a trade mark in respect of any goods shall, give to the person the exclusive right to the use of the Trade mark in relation to those goods and, without prejudice to the generality of the foregoing provision, that right shall be deemed to be infringed by any person who, not being the proprietor of the trade mark or a re...
1[ds]4. The distinction between an infringement action and a passing off action is important. Apart from the question as to the nature of trade mark the issue in an infringement action is quite different from the issue in a passing off action.In a passing off action the issue is asthe defendant selling goods so marked ...
1
1,624
594
### 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 trade mark in respect of any goods shall, give to the person the exclusive right to the use of the ...
Collector Of Central Excise, Bombay-I & Anr Vs. Parle Exports (P) Ltd
construe, execute and apply the said enactmentsHow then should the courts proceed ? The expressions in the Schedule and in the notification for exemption should be understood by the language employed therein bearing in mind the context in which the expressions occur. The words used in the provision imposing taxes or gr...
1[ds]We have also noted how these goods were treated by the Government as mentioned hereinbefore. There is no direct evidence as such as to how, in commercial parlance, unlike in ordinary parlance, non-alcoholic beverage bases are treated or whether they are treated as food products or food preparations. The purpose of...
1
5,662
497
### 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: construe, execute and apply the said enactmentsHow then should the courts proceed ? The expressions in the Schedule and in t...
Chandra Bhan Singh Vs. Latafat Ullah Khan & Ors
Court by way of an appeal or revision or in any original suit, application or execution proceedings." So when the aggrieved persons did not invoke the appellate or revisional jurisdiction of the Appellate Officer, the order of the Competent Officer dated August 31, 1955 , became final by virtue of section 18 and could ...
1[ds]In order to appreciate the controversy, it will be desirable to examine the facts and circumstances of the case with due regard to the provisions of the ActIt has not been disputed before us, and is in fact beyond challenge, that the property in question was "composite property" within the meaning of section 2(d) ...
1
3,343
1,860
### Instruction: Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text. ### Input: Court by way of an appeal or revision or in any original suit, application or execution proceedings." So when the aggriev...
Punjab Dairy Development Board Vs. Cepham Milk Specialities Ltd.
620] repugnancy must exist as a fact and not as a mere possibility. In the absence of any specific order or provision the question of repugnancy cannot arise. Admittedly, the Central Legislation levies no cess or fee. Thus, there can be no question of repugnancy if a fee were to be levied. 13. While the High Court was ...
0[ds]11. In our view, the law is quite well settled. As the High Court has itself noticed the principles laid down in M/s Kishan Lal Lakhmi Chands case (supra) have been diluted by subsequent decisions. It has been held that the observations in the above case are obiter. This being the position, the High Court was not ...
0
3,376
1,037
### 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: 620] repugnancy must exist as a fact and not as a mere possibility. In the absence of any specific order or provision the q...
State Of Bihar Vs. Kalyanpur Cements Ltd
wrong. The third reason given is that the State-level Empowered Committee (SLEC) had not approved the rehabilitation package. This clearly is against the record which has been examined by us in the earlier part of the judgment. Not only the exemption was recommended by the competent Committees under the Industrial Poli...
1[ds]23. We have considered the detailed facts and relevant documents which are on the record. However, in our opinion, before we consider the submissions made on the factual situation of this case, it would be appropriate to consider the primary issue as to whether the Company could have invoked the principle of `prom...
1
18,346
9,356
### 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: wrong. The third reason given is that the State-level Empowered Committee (SLEC) had not approved the rehab...
OKHLA ENCLAVE PLOT HOLDERS WEL. ASON Vs. UNION OF INDIA THROUGH SECRETARY
incidental expenses. If the above amount is not paid by the sixth respondent-Colonizer, it is for the State of Haryana to proceed against the sixth respondent to recover the amount as fee which is a land revenue.51. Surplus plots, if any, left – Entitlement of respondent No.6-Colonizer:- It has been submitted by Respon...
1[ds]14. Issue of Ownership:- As per the report of Sh. H.P. Sharma, Court Commissioner, appointed by the Supreme Court, Sh. Arun Mehra father of Sh. Divij Mehra, on behalf of M/s Hindustan Commercial Investment Trust Ltd. and M/s Class Sales Pvt. Ltd. had filed claim for 87 plots (65 plots + 22 plots), which he claimed...
1
10,874
5,102
### 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: incidental expenses. If the above amount is not paid by the sixth respondent-Colonizer, it is for...
Gujarat Ambuja Cement Vs. Union Of India
of the Constitution of India. For deciding the aforesaid question, evidence was led by the contesting parties before the High Court and more voluminous evidence is led before us by the contesting parties in these appeals. However, unfortunately, the High Court in the impugned judgment has not thought it fit to address ...
1[ds]8. In our view, the aforesaid rival contentions would squarely pose the main question whether the charging of 10% premium over the price given in Table II to the impugned notification can be treated to be so unreasonable and arbitrary as to fall foul on the touchstone of Article 14 of the Constitution of India. Fo...
1
3,960
262
### Instruction: Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction. ### Input: of the Constitution of India. For deciding the aforesaid question, evidence was led by the contesting p...
Kali Prasad Agarwall and Ors Vs. Bharat Coking Coal Limited and Ors
or has complied, with such terms and conditions as that government may think fit to impose, direct, by an order in writing, that the right, title and interest of an owner in relation to a coal mine referred to in Section 3, shall, instead of continuing to vest in the Central Government, vest in the government company e...
0[ds]9. In our opinion, it is unnecessary to consider the first question and indeed it is not proper also to consider the question in the absence of the State which is a necessary party for adjudication of that dispute. The State of Bihar is not impleaded as a party to the suit and we, therefore, refrain from expressin...
0
2,325
1,383
### 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: or has complied, with such terms and conditions as that government may think fit to impose, direct, by an ord...
Manti Devi Vs. Kishun Sah @ Kishun Deo Sao
Kurian Joseph, J. 1. The appellants filed a suit before the Munsif Court, Patna City for ejectment of two katras on the ground of personal need. The appellants are mother and son. The suit was decreed on the following terms:- 27. Issue No.II:- Have the plaintiff got valid cause of action for the suit. The plaintiffs ha...
1[ds]5. The provision, in our view, is crystal clear. No decree can be reversed or substantially varied in appeal on account of misjoinder or non-joinder of parties. Under Section 141 of the Code of Civil Procedure, procedure under the Code in regard to suit shall be followed as far as it can be made applicable to proc...
1
899
98
### Instruction: Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding. ### Input: Kurian Joseph, J. 1. The appellants filed a suit before the Munsif Court, Patna City for ejectment of two katras ...
Captain Ganpati Singhji Vs. State of Ajmer and Another
Regulation under which he purported to act.3. The learned Judicial Commissioner refused to issue the writ but granted leave to appeal under article 132(1) of the Constitution in the following terms: "I am of opinion that the question whether the regulation and the bye-laws framed thereunder amount to a reasonable restr...
1[ds]6. When the appellant applied for a permit onthe District Magistrate replied: "It has been decided that as a matter of policy permits to hold fairs will be issued only to local bodies and not to private individuals. It is, therefore, regretted that you cannot be permitted to hold the fair and you are therefore req...
1
1,344
849
### 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: Regulation under which he purported to act.3. The learned Judicial Commissioner refused to issue the writ but gran...
State of West Bengal & Others Vs. Bata Krishna Burman
two rules were valid.11. The aforesaid conclusion of the Letters Patent Bench really concluded the matter and the respondents writ petition had to be allowed. But the learned Single Judge, as also the learned Judges forming the Letters Patent Bench, went into the question of the validity of the said rules. That, in our...
1[ds]5. It may be noticed that the order did not contain any finding on the four charges served on the respondent or any one of them It did not also state that the respondent had published the said pamphlet or that in consequence of his having published it, he was responsible for embarrassing the Government in its rela...
1
3,049
1,693
### 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: two rules were valid.11. The aforesaid conclusion of the Letters Patent Bench really concluded the matter and...
Kanti Lal Bose Vs. State of West Bengal
of the same by the State Government. Learned counsel for the respondent, who had the Government file relating to the detention of the petitioner, could not furnish any explanation as to why the Government took a long period of 28 days to consider and reject the petitioners representation. In the absence of any cogent g...
1[ds]5. It was argued on behalf of the petitioner that his representation was received by the State Government on August 11, 1971. The State Government considered the representation and rejected it on September 8, 1971. There thus elapsed a period of 28 days between the receipt of the petitioners representation and the...
1
1,754
813
### 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: of the same by the State Government. Learned counsel for the respondent, who had the Government file relating to the detent...
Commissioner Of Income-Tax, West Bengal Vs. Allahabad Bank Limited
Companies Act, 1948 (11 and 12 Geo. 6 ch. 38). Before the Companies Act of 1956 there was no provision in the Indian Companies Act 1913 which required a Company to maintain a separate share premium account. After the coming into force of the Companies Act 1 of 1956 a share premium account had to be maintained and the s...
0[ds]6. The reduction in rebate in supertax depended upon the proportion which the dividend distributed bore to the paidup capital. If the Company distributed dividends exceeding 6% of its paid-up capital as defined in the Explanation, the rebate was liable to be reduced to the extent provided in the second proviso (si...
0
2,589
826
### Instruction: Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction. ### Input: Companies Act, 1948 (11 and 12 Geo. 6 ch. 38). Before the Companies Act of 1956 there was no provision in the Indian Compani...
State Of Rajasthan Vs. Kheraj Ram
murder by hired assassin for money or reward or a cold-blooded murder for gains of a person vis-a-vis whom the murders is in a dominating position or in a position of trust, or murder is committed in the course for betrayal of the motherland.(3) When murder of a member of a Scheduled Caste or minority community etc., i...
1[ds]44. The factual matrix as described by the prosecution and established by the evidence on record shows that the cruel and diabolic manner in which the killings were conceived and executed. The accused did not act on any spur of the moment provocation. It was deliberately planned and meticulously executed. There wa...
1
8,028
258
### 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: murder by hired assassin for money or reward or a cold-blooded murder for gains of a person vis-a-vis whom t...
M/S. Bharat Barrel & Drum Mfg. Co Vs. L. K. Bose & Ors
inconsistently. It may perhaps be said that if Lalta Prasad had been examined he might have explained the inconsistency. But as already stated Lalta Prasad had ample opportunity through his counsel to explain the said inconsistency. If that inconsistency had been explained by the companys counsel during the hearing it ...
0[ds]12. It is clear from the said consent order that the Controller was not a judicial Tribunal in the sense of a Court of law and though the inquiry held by him was a quasi judicial inquiry it certainly was not a trial. It was confined to one question only, viz., whether he should reconsider the order made by him can...
0
6,168
1,885
### 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: inconsistently. It may perhaps be said that if Lalta Prasad had been examined he might have explained t...
S.D.S. Shipping Pvt. Ltd Vs. Jay Container Services Co.Pvt.Ltd.
81,77,632.50 (rounded of to Rs. 82,00,000/-) within 12 weeks period. It was further directed that the amount was to be deposited in a nationalised bank for a period of 37 months and the deposit was to be renewed at a time by 13 months until the suit was decided. This order is under challenge. 7. Mr. R.F. Nariman, learn...
1[ds]11. Few facts of relevance need to be noted in view of the rival stands. Undisputedly, the order impugned is an interim order. The direction is for deposit and no liberty has been granted to the plaintiff for withdrawal after the deposit. As noted supra, there was no serious dispute relating to the claim for arrea...
1
2,033
515
### 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: 81,77,632.50 (rounded of to Rs. 82,00,000/-) within 12 weeks period. It was further directed that the a...
Kays Construction Co. (P) Ltd Vs. State Of Uttar Pradesh And Others
be taken before the Labour Court under the second sub-section to determine the money equivalent of the "benefit" to which the workmen were entitled before the certificate could issue. In other words, Broome, J. was of opinion that the application of the first sub-section of S. 6-H was premature and thus erroneous.7. Ag...
0[ds]This section is analogous to S. 33C ofthe Industrial Disputes Act, 1947 and S. 20 of the Industrial Disputes (Appellate Tribunal) Act, 1950. It is significant that in all the three statutes the cognate section is divided into two parts and the first part deals with recovery of money due to a workman under an award...
0
2,427
659
### 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: be taken before the Labour Court under the second sub-section to determine the money equivalent of th...
Dondapani Sahu Vs. Arjuna Panda & Others
a joint Hindu family defendant No. 1 being the father of defendant Nos. 2 to 4. Out of them defendant No. 4 did not appear and contest the suit. Defendant Nos. 1 to 3 claimed to be the owners of properties shown in Lot 1 in the schedule. Defendant Nos. 5 and 6 claimed one item out of Lot I. Defendant No. 9 claimed the ...
1[ds]5. With all respect due to the learned Judges of the High Court it is not possible to appreciate how the suit could be dismissed when defendant No. 4 was the son of defendant No. 1 and brother of defendant Nos. 2 and 3 and they constituted a joint Hindu family. Even if the widow and the sons of defendant No. 4 wer...
1
1,160
397
### 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: a joint Hindu family defendant No. 1 being the father of defendant Nos. 2 to 4. Out of them defendant No. 4 did not appear...
M/S. Centrotrade Minerals Vs. Hindustan Copper Ltd
New York Convention award should not be enforced because such enforcement would do substantial injustice and, therefore, was contrary to public policy in respect whereof the following had, normally, to be included amongst the relevant considerations: 114. The nature of the procedural injustice; Whether the party resist...
0[ds]115. It is not in dispute that the contention of HCL from the beginning was that the provision contained in the second part of the arbitration is void ab initio and of no effect. As noticed hereinbefore, it even filed a suit prior to entering into the reference by the Arbitrator. Even after the award was passed, p...
0
15,553
801
### 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: New York Convention award should not be enforced because such enforcement would do substantial injustice and, therefore, w...
M. Jhangir Bhatusha and Ors Vs. Union of India (UOI) and Ors
liable to customs duty and we are referred to various consideration in support of that claim. It seems to us unnecessary to enter into that question because we have before us a situation where customs duty has in fact been imposed, even though at the rate of five per cent only. In accepting the imposition of customs du...
0[ds]9. It is apparent that the power conferred on the Central Government under Section 25(2) of the Act is to be exercised by the it in its subjective satisfaction. It must be satisfied that it is necessary in the public interest to pass a special exemption order. The exercise of the power is controlled by the require...
0
3,489
2,071
### 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: liable to customs duty and we are referred to various consideration in support of that claim. It seems ...
Shahdara (Delhi) Saharanpur Light Railwayco. Ltd Vs. The Municipal Board, Saharanpur
Public Health Act, Lord Macnaghten observed, at p. 267:"Now it cannot be denied that the rails on which the tramcars run, with the embankment or foundation on which they rest, and everything that supports them, do form a road or way was constructed under parliamentary powers for public conveyance. Is it a railway? Ther...
1[ds]17. We are not impressed with the approach made by the learned Judges of the High Court, for Negativing the claim for exemption, made by the appellant. It must be borne in mind that the expression railway has not been defined either in the concerned Municipalities Act, or the Rules, if such is the case, the defini...
1
5,634
737
### 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: Public Health Act, Lord Macnaghten observed, at p. 267:"Now it cannot be denied that the rails on which the tramc...
P.R. Subramania Vs. Lakshmi Ammal Lakshmi Ammal (Dead) By Her Legal Representatives
Hegde, J.1. This is an appeal by certificate under Article 133(1)(a) of the Constitution. The suit from which this appeal arises was brought on the foot of a promissory note executed by deceased. "Rs. 25,000/-. R. A. Krishnan and G. R. Harihara Iyer (10th defendant in the suit). But in the suit decree was claimed again...
0[ds]5.The plaintiff cannot have a personal decree against defendants 1 to 9 as they were not parties to the suit promissory note. There is no privity of contract between the plaintiff and defendants 1 to 9. It is not shown how the plaintiff can get a personal decree against them.6. We are unable to find out any legal ...
0
845
399
### 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: Hegde, J.1. This is an appeal by certificate under Article 133(1)(a) of the Constitution. The sui...
M/S.Agri Gold Exims Ltd Vs. M/S.Sri Lakshmi Knits &Wovens
nine Thousand One Hundred and Forty Nine only) from the date of the suit till the date of realization. 14. Respondents in the said suit filed an application praying for reference of the dispute to the arbitral tribunal in terms of the arbitration clause contained in the said Memorandum of Understanding and contended th...
0[ds]19. We need not dilate on this issue as this aspect of the matter has been considered by this Court in Rashtriya Ispat Nigam Limited & Anr. v. M/s. Verma Transport Company [2006 (7) SCALE 565 ], wherein this Court noticed:Section 34 of the repealed 1940 Act employs the expression steps in the proceedings. Only in ...
0
2,014
765
### 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: nine Thousand One Hundred and Forty Nine only) from the date of the suit till the date of realization. ...
Prakash Cotton Mills (P) Ltd Vs. B. Sen & Ors
dismissed by the aforesaid common impugned order dated January 16, 1969. They have therefore approached this Court for a redress of their grievance.3. The facts relating to Civil Appeal No. 2219 of 1969, are quite similar, except that the consignment in that case was of 63 cases of nylon yarn, which were stored in the ...
0[ds]7. It is thus clear requirement of clause (b) of Sub-section (1) of Section 15 of the Act that therate of duty, rate ofexchange and tariff valuation applicable to any imported goods shall be the rate and valuation in force on the date on which the warehoused goods are actually removed from the warehouse. A cross-r...
0
1,615
355
### 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: dismissed by the aforesaid common impugned order dated January 16, 1969. They have therefore approached this Court...
Neelakantan & Bros. Construction Vs. Superintending Engineer, National Highways,Salem & Ors
the Madurai-Kanyakumari Road and the work was divided into fourteen Reaches and fourteen separate agreements were entered into between the petitioner and the Superintending Engineer, National Highways, Tirunelveli, respondent 3 to the present petitions. There is not much dispute on this point. At the relevant time, acc...
0[ds]In the facts of this case, as the petitioner had knowledge of the alleged defect and had acquiesced in the proceedings before the successor, namely, Thiru Cornelius, we are of the opinion, that this contention of Shri Sen cannot be entertainedIt must be assumed that the arbitrator had considered all the evidence a...
0
1,184
282
### Instruction: Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding. ### Input: the Madurai-Kanyakumari Road and the work was divided into fourteen Reaches and fourteen separate agr...
Jaora Sugar Mills (P) Ltd Vs. State Of Madhya Pradesh And Others
case, it cannot validly be raised either. We must, therefore, hold that the High Court was right in rejecting the appellants case that the Act was invalid, and hence no demands could be made under its provisions either for a cess or for commission. 20. There is, however, one subsidiary question which still remains to b...
0[ds]In fact, if the invalid provision is severable from the rest of the Act, courts dealing with the question of its validity may strike down the invalid portion alone and uphold the validity of the remaining part of the State. But where an impugned Act passed by a State Legislature is invalid on the ground that the S...
0
6,478
1,401
### 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: case, it cannot validly be raised either. We must, therefore, hold that the High Court was right in reject...
Rt. Rev. Magr. Mark Netto Vs. Govt. Of Kerala & Ors
v. S. C. Dorairajan, (1951) SCR 525 : (AIR 1951 SC 226 ); In re the Kerala Education Bill 1957, (1959) SCR 995 : (AIR 1958 SC 956 ); Sidhrajbhai v. State of Gujarat, (1963) 3 SCR 837 : (AIR 1963 SC 540 ); Katra Education Society v. State of U. P., (1966) 3 SCR 328 : (AIR 1966 SC 1307 ) ; Gujarat University, Ahmedabad v...
1[ds]In the case of St. Xavires College, Ahmedabad (supra) the majority decision although by separate judgments, has converged to the view that the right conferred on the religious and linguistic minorities to administer educational institutions of their choice is not an absolute right. This right is not free from regu...
1
2,895
910
### 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: v. S. C. Dorairajan, (1951) SCR 525 : (AIR 1951 SC 226 ); In re the Kerala Education Bill 1957, (1959...
Surjit Lal Chhabda Vs. Commissioner Of Income Tax, Bombay
and even for some purposes of legal theory, ancestral property may perhaps be described, and usefully described, as family property; but it does not follow that in the eye of the Hindu law it belongs save in certain circumstances, to the family as distinct from the individual. By reason of its origin a mans property ma...
0[ds]The appellant is governed by the Mitakshara school of Hindu law but that is not of any particular consequence for the purposes of thisis true that the appellant cannot constitute a coparcenary with his wife and unmarried daughter but under the Income-tax Act a Hindu undivided family, not a coparcenary, is a taxabl...
0
9,626
1,500
### 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: and even for some purposes of legal theory, ancestral property may perhaps be described, and usefully d...
Messrs J. K. Cotton Spinning and Weaving Mills Limited and Another Vs. Union of India and Others
the Collector, but the question is what has to be specified by the Collector. It is the contention of the appellants that the Collector has to specify the place of manufacture and also any premises appurtenant thereto. We are, however, unable to accept this contention. The place where the goods are to be manufactured b...
0[ds]32. Under Section 11-A(1) the excise authorities cannot recover duties not levied or not paid or short-levied or short-paid or erroneously refunded beyond the period of six months, the proviso to Section 11-A not being applicable in the present case. Thus although Section 51 of the Finance Act, 1982 has given retr...
0
8,876
769
### Instruction: Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding. ### Input: the Collector, but the question is what has to be specified by the Collector. It is the contention of the appellan...
Bal Niketan Nursery School Vs. Kesari Prasad
was allowed and that was upheld by the Court of Appeal and it was pointed out that the fact that the original plaintiff had no cause of action would not take away the jurisdiction of the court to order the substitution of another person as plaintiff.In Krishna Bai v. The Collector and Government Agent, Tanjore &Others,...
1[ds]It is not in dispute that the sale deed pertaining to the land and the super-structures has been obtained in the name of the school. Even as a benami owner of the property, the appellant is entitled in law to preserve and protect it and to institute actions in that behalf so long as they do not conflict with the r...
1
4,084
902
### 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: was allowed and that was upheld by the Court of Appeal and it was pointed out that the fact that the original plaintiff had...
Raj Kumar @ Raju Vs. State(Nct Of Delhi)
the High Court on the ground that the aforesaid discrepancy is on account of wrong recapitulation and confusion over the specific dates. 8. P.W. 15 – Raj Kumar, a TSR driver, also deposed that he had occasion to take the three persons including appellant Raj Kumar in his TSR at about 11.00 a.m. on 12th September, 1991 ...
1[ds]11. The facts in Sanwant Khan (supra) bear a striking resemblance to the facts that confront us in the present appeal. If the evidence of P.W.12 is to be discarded on the ground that such evidence is vague, (there is no mention of the date on which P.W.12 had seen the accused person in the neighbourhood and also a...
1
1,972
548
### Instruction: Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text. ### Input: the High Court on the ground that the aforesaid discrepancy is on account of wrong recapitulation and confusion over the ...
Union of India & Others Vs. N.C. Murali & Others
learned counsel for the appellants. Paragraph 5 of the judgment states as follows :"There is no statutory provision that the promotion to the post of Scientist B should take effect from July 1 of the year in which the promotion is granted. It may be that, rightly or wrongly, for some reason or other, the promotions wer...
0[ds]9. From the materials brought on the record it is clear that there are no statutory rules governing the promotion at the relevant time. It is although desirable that the DPC should be convened at regular intervals to draw panels which could be utilized for making promotions against the vacancies. But neither any r...
0
2,986
422
### 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: learned counsel for the appellants. Paragraph 5 of the judgment states as follows :"There is no statutory pro...
M. Gurumoorthy Vs. Accountant General Assam & Nagaland & Ors
Government has to approve of it.10. Dutta J. in his Judgment considered that there was no dispute on the following position. There were originally 7 sanctioned posts of stenographers in the High Court. The Court sent a proposal that the stenographers Service should be reorganised. This included the post of one selectio...
1[ds]13. It may be stated at once that any restrictions imposed by the Government of the above nature while communicating the sanction could not bind the Chief Justice in view of Article 229 of the Constitution. This was recoginsed by the Government itself in its letter dated April 27, 1959. Even as regards the strengt...
1
5,171
343
### 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: Government has to approve of it.10. Dutta J. in his Judgment considered that there was no dispute on th...
Municipal Committee, Amritsar & Anr Vs. State Of Punjab & Ors
is in lawful possession of a piece of land situated in village Hussainpur, Tahsil and Dist. Rupar Punjab) and that for the last ten years be holds a cattle market on that piece of land from the first to the fourth of every month. He also asserted that he had been holding cattle markets on the lands in his lawful posses...
1[ds]The Courts in India have no authority to declare a statute invalid on the ground that it violates the "due process of law." Under our Constitution, the test of due process of law cannot be applied to the statutes enacted by the Parliament or the State legislatures. This Court has definitely ruled that the doctrine...
1
6,102
519
### Instruction: First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document. ### Input: is in lawful possession of a piece of land situated in village Hussainpur, Tahsil and Dist. Rupar Punjab) and that for the ...
Lanco Infratech Limited Vs. Mormugao Port Trust
in domain of contractual matters is subject to judicial review on the touchstone of Article 14 of the Constitution where equality is denied or reasons stated are patently unsustainable. He also relied upon the judgment of the Supreme Court in the case of Air India Vs CIAL, (2000) 2 SCC 167), as well as Sterling Compute...
0[ds]This approach of the Respondent, in our view, can hardly be faulted with. Firstly, a group of Companies forming consortium can be an option and that is not disputed. The eligibility ofand shortlisting process contemplated eligibility in regard to technical capacity and five years experience preceding the applicati...
0
7,770
924
### 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: in domain of contractual matters is subject to judicial review on the touchstone of Article 14 of the Constit...
The Government Of Andhra Pradesh & Ors Vs. M. Krishnaveni & Ors
after the enforcement of the Act that they were the owners in possession of the lands to the extent of their respective shares. It is not in dispute that the competent authority has not considered the claim of the two declarants as no inquiry was conducted by the authority nor any notice was issued to them inviting the...
0[ds]Admittedly, Smt. K. Pramila Rani did not file statement at all before the competent authority in the prescribed form furnishing the details of land held by her as envisaged under Section 6 of the Act and the competent authority was not obliged to prepare draft statement of her share in the land and serve on her to...
0
5,669
321
### 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: after the enforcement of the Act that they were the owners in possession of the lands to the extent of their respective sha...
M/s. Silver Screen Enterprises Vs. Devki Nandan Nagpal
Hegde, J.1. This appeal by special leave arises from the decision of the High Court of Punjab and Haryana in Civil Revision No. 189 of 1966 on its file. (Reported in ILR (1968) 1 Punj 621). The respondent is the owner of a Cinema House. That Cinema House had been leased to the appellant. The respondent filed an applica...
1[ds]The only ground on which the appeal was allowed was as mentioned earlier that the appellate court was incompetent to compel the appellant to withdraw his appeal. This conclusion ignored the fact that the appellate court could always dismiss an appeal on the ground that it has been settled out of Court.3. The compr...
1
774
387
### 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: Hegde, J.1. This appeal by special leave arises from the decision of the High Court of Punjab and Haryana ...
Tata Iron & Steel Co. Ltd. etc. Vs. UOI and others and Industrial Development Corporation Orissa Ltd.
of these contentions have been dealt with in the report. We find it difficult to accept the contention that the Rao Committee had not endorsed the concept of captive mining because, as we have already mentioned, it does in fact do so. Having studied the decision in the Indian Metals case we find that on the issue of th...
0[ds]30. We have studied the orders of the Central Government dated3 is a statement which declares the grant of a second renewal to TISCO. It does not profess to give any reasons for such a decision and, for that reason, falls foul of the requirement of Section 8(3), as has rightly been pointed out by the High Court. T...
0
9,529
1,772
### Instruction: Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages. ### Input: of these contentions have been dealt with in the report. We find it difficult to accept the contention tha...
P. Srinivasa Naicker Vs. Smt. Engammammal And Another
Subordinate Judge would have been right in interfering with the sale proposed by the official receiver. That matter has been considered by the District Judge and he has held that there is no reason to hold that the properties were being sold for a low price. The Subordinate Judge in dealing with the question of price h...
1[ds]8. It may be accepted that the power of the court under S. 68 is not hedged in by those, considerations which apply in cases of auction sales in execution proceedings. Even so, the power under S. 68 is a judicial power and must be exercised on well recognised principles, justifying interference with an act of the ...
1
3,072
1,324
### 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: Subordinate Judge would have been right in interfering with the sale proposed by the official receiver. That matte...
M/s Ballimal Naval Kishore and Another Vs. Commissioner of Income Tax
on "current repair s" to buildings, machinery, plant, furniture employed in the business. The assessee-appellant carries on the business of exhibiting films in a theatre called "Naval Talkies" at Panipat. He had purchased the said building in 1937. It was a ginning factory then. He ran the factory till 1940. In the yea...
0[ds]"The simple test that must be constantly borne in mind is that as a result of the expenditure which is claimed as an expenditure or repairs what is really being done is to preserve and maintain an already existing asset. The object of the expenditure is not to bring a new asset into existence, nor is its object th...
0
1,200
346
### 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: on "current repair s" to buildings, machinery, plant, furniture employed in the business. The assessee-appellant c...
UNION OF INDIA & ANR Vs. MANPREET SINGH POONAM ETC
light of our finding that we are dealing with a case of promotion simpliciter as against upgradation of any nature. 17. On facts, there is no dispute that Respondent in Civil Appeal No.518 of 2017 was given promotion after the successful consideration by the DPC. On such clearance the appellant has rightly fixed the pr...
1[ds]11. There is no dispute, at least to the effect, that the aforesaid rules and the schedules govern the service condition, including the officers promotion from JAG-II to JAG-I. Rule 4 fixes the cap of the sanctioned strength to the post to the maximum of 10%. The schedules to the aforesaid rules clearly indicate t...
1
4,108
2,178
### 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: light of our finding that we are dealing with a case of promotion simpliciter as against upgradation of any natur...
Jalaja Shedthi & Ors Vs. Lakshmi Shedthi & Ors
Succession Act refers to kavaru in relation to its undivided interest. it is the kavaru under the custom or the Madras Act and not a deemed kavaru for the purposes of partition. If Chandayya Shetty is not a kavaru, there is no property of a kavaru which can be disposed of under Section 30 of the Succession Act. Even un...
0[ds]6. It is apparent from a reading of these provisions that in this case there were only two kavarus and that one of them was santhathi kavaru and the other a nissanthathi kavaru.The kavaru of Chandayya Shetty was a branch which was liable to extinction as he had no femalewhen there are two kavarus, if one is santha...
0
6,930
1,715
### 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: Succession Act refers to kavaru in relation to its undivided interest. it is the kavaru under the custom or the Madras Act...
Madamsetty Satyanarayana Vs. G. Yellogi Rao And Two Others
as would cause prejudice to the defendant does not empower a Court to refuse such a relief. But as in England so in India, proof of abandonment or waiver of a right is not a pre-condition necessary to disentitle the plaintiff to the said relief, for if abandonment or waiver is established, no question of discretion on ...
0[ds]5. We cannot allow the learned counsel for the appellant to raise before us the first question, namely, but the 1st respondent did not accept the repudiation but kept the contract alive and committed a breach thereof, with the result that he disqualified himself to file the suit for specific relief, for the said p...
0
4,769
1,090
### 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: as would cause prejudice to the defendant does not empower a Court to refuse such a relief. But as in England so ...
RAJESHBHAI MULJIBHAI PATEL Vs. THE STATE OF GUJARAT
471 and 114 IPC. It was submitted that since there is a prima facie case of forgery and cheating made out against the appellants, the High Court rightly declined to quash the FIR and the impugned order warrants no interference. 15. We have carefully considered the submissions and perused the impugned order and other ma...
1[ds]16. The issue relates to the alleged forgery of four receipts dated 21.08.2010, 22.08.2010, 26.08.2010 and 28.08.2010 each for a sum of Rs.30,00,000/- totalling to Rs.1,20,00,000/- issued by respondent No.2-MahendrakumarAs rightly contended by the learned counsel for the appellants, in the Summary Suit No.105/2015...
1
3,351
626
### 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: 471 and 114 IPC. It was submitted that since there is a prima facie case of forgery and cheating made out ag...
M/S Speedline Agencies Vs. M/S T.Stanes & Co.Ltd
the Transferor Company or of anything contained in the scheme but the proceedings may be continued, prosecuted and enforced by or against the transferee company in the same manner and to the same extent as it would be or might have been continued prosecuted and enforced by or against the Transferor company as if the sc...
1[ds]18) We agree with Mr. Parasaran that, in normal circumstances, after passing of the decree by the trial Court, the landlord would have obtained possession of the premises, but for the tenant continuing in occupation of the premises only on account of stay order from the appellate court. In such circumstances, the ...
1
8,774
1,810
### Instruction: Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document. ### Input: the Transferor Company or of anything contained in the scheme but the proceedings may be continued, prosecu...
Orient Paper Mills Ltd Vs. Union Of India
process. It is true that law can regulate the exercise of judicial powers. It may indicate by specific provisions on what matters the tribunals constituted by it should adjudicate. It may by specific provisions lay down the principles which have to be followed by the tribunals in dealing with the said matters. The scop...
1[ds]8. If the power exercised by the Collector was a quasi judicial power-as we hold it to be-that power cannot be controlled by the directions issued by the Board. No authority however high placed can control the decision of a judicial or a quasi judicial authority. That is the essence of our judicial system. There i...
1
3,405
826
### 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: process. It is true that law can regulate the exercise of judicial powers. It may indicate by specific provisions on what...
M/S. Bundelkhand Motor Transport Company, Nowgaon Vs. Behari Lal Chiaurasia And Another
in R. 61 and shall, subject to the provisions of sub-r. (b), be accompanied by Part A of the permit. The application shall set forth the period for which the renewal of the counter-signature is required." Rule 63, by Cl. (a), provided:"The authority by which a permit is renewed may, unless any authority by which the pe...
1[ds]6. We do not think it necessary to express any opinion on the contentions advanced by the parties on this part of the case, for, we are of the view that this appeal may be decided on the interpretation of the rules made by the State Government in regard to grant of permits and counter-signature of inter-regional p...
1
3,101
547
### Instruction: Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding. ### Input: in R. 61 and shall, subject to the provisions of sub-r. (b), be accompanied by Part A of the permit. The applicati...
Sant Ram Sharma Vs. State Of Rajasthan & Anr
breach of the provisions of Arts. 14 and 16 of the Constitution because everyone who was eligible in view of the conditions of service and was entitled to consideration was actually considered before promotion to those selection posts were actually made. It was said by Mr. C. B. Agarwala on behalf of the respondents th...
1[ds]In our opinion, the respondents are right in their contention that the ranking or position in the Gradation List does not confer any right on the petitioner to be promoted to selection post and that it is a well-established rule that promotion to selection grades or selection posts is to be based primarily on meri...
1
5,840
986
### 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: breach of the provisions of Arts. 14 and 16 of the Constitution because everyone who was eligible in view of the conditions...
Ganga Prasad & Others Vs. State of Bihar
over-writing not only on these but on several other figures as well. It was their further case that two bags of rice had been wrongly recorded under the column for "peas" and that the correct figure with regard to the arrival of bags of rice in the godown on 9th August was 1209. The learned Magistrate accepted the pros...
1[ds]5. As the High Court dismissed the revision petition summarily we have not had the benefit of its judgment or the reasons which impelled the High Court to turn down the contention of the appellants.Before us counsel for the appellants contended that although Ex. 1 and the attested copy thereof Ex. 15/2 appear to c...
1
1,920
886
### 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: over-writing not only on these but on several other figures as well. It was their further case that two ba...
STATE OF CHHATTISGARH & ANR Vs. M/S SAL UDYOG PRIVATE LIMITED
of the respondent-Company seeking deduction of supervision charges, for which it relied on Clause 6(b) of the Agreement and the Circular dated 27th July, 1987 to assert that recovery of supervision charges along with expenses was a part and parcel of the contract executed with the respondent- Company, the said objectio...
1[ds]13. The law on interference in matters of Awards under the 1996 Act has been circumscribed with the object of minimising interference by courts in arbitration matters. One of the grounds on which an Award may be set aside is patent illegality. What would constitute patent illegality has been elaborated in Associat...
1
7,052
3,179
### 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: of the respondent-Company seeking deduction of supervision charges, for which it relied on Clause 6(b) of the...
Commnr. Of Central Excise, Hyderabad Vs. M/S. Detergents India Ltd.
Limited and Crescent Dyes and Chemicals Limited and not the price at which the latter sold the dyes to the dealers or the consumers, represented the true measure of the value of the dyes for the purpose of chargeability to excise duty. This conclusion reached by the High Court was assailed before us by the learned Atto...
0[ds]15. On a reading of the aforesaid judgment, it becomes clear that the object of enacting Section 4 is that transactions atlength between manufacturer and wholesale purchaser which yield the price which is the sole consideration for the sale alone is contemplated. Any concessional or manipulative considerations whi...
0
10,383
1,042
### 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: Limited and Crescent Dyes and Chemicals Limited and not the price at which the latter sold the dy...
KANWAL TANUJ Vs. THE STATE OF BIHAR & ORS
which reason seeking consent of the State to investigate the same would not arise. In our opinion, the stated proviso will have no application to the offence in question and thus the Delhi special police force/DSPE (CBI) must be held to be competent to register the FIR at Delhi and also to investigate the same without ...
0[ds]18. The High Court, in the present case, after analysing the material on record clearly found that BRBCL was a Government undertaking and the project undertaken by it was funded by the Central Government and that it had its registered office in the Union Territory of Delhi (National Capital Territory of Delhi), wh...
0
8,559
1,274
### 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: which reason seeking consent of the State to investigate the same would not arise. In our opinion, the stated proviso will...
Chittaranjan Maity Vs. Union Of India
under:“31(7)(a) - Unless otherwise agreed by the parties, where and insofar as an arbitral award is for the payment of money, the arbitral tribunal may include in the sum for which the award is made interest, at such rate as it deems reasonable, on the whole or any part of the money, for the whole or any part of the pe...
1[ds]is evident from the materials on record that the dispute had arisen between the parties in relation to the contract in question. Therefore, the appellant filed an application before the Chief Justice of the High Court of Calcutta under Section 11(6) of the 1996 Act, for appointment of an Arbitrator in terms of the...
1
2,960
438
### 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: under:“31(7)(a) - Unless otherwise agreed by the parties, where and insofar as an arbitral award is for the payment of money...
Jayantilal Vashrambhai Modia & Another Vs. M/s. Orient Bell Ltd. & Others
Leave granted. We have heard learned counsel appearing for the parties.2. The High Court dismissed the applications of the appellants filed under Section 482 of Cr.P.C. praying for quashing of the summoning order in Criminal Complaint No. 408/1 of 2012 on the ground that the appellant is a mere Director of accused Comp...
1[ds]5. We find that in the complaint, the appellant has not made a specific statement that the appellant as a Director and arrayed as an accused wasand was responsible to the Company for the conduct of the business of the Company in itsaffairs.6. In view of that, we do not find that the complaint which has been lodged...
1
650
94
### 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: Leave granted. We have heard learned counsel appearing for the parties.2. The High Court dismissed the applications of the...
ASHISH SETH Vs. SUMIT MITTAL & ORS.
Seth Group agreed to pay Rs.1,46,58,000/- to TFIPL towards license renewal fees in respect of license nos. 34, 35 and 36 of 2007 which included not only the liability of the Seth Group, but also that of PAL Infrastructure Pvt. Ltd., ORS Infrastructure Pvt. Ltd. and Heritage Cottage Pvt. Ltd. to the extent of Rs.53,11,0...
0[ds]7. Having heard the learned counsel for the respective parties and considering the earlier order passed by this Court dated 24.04.2020, it cannot be disputed that as directed by this Court the Mittal Group is to renew license numbers 34, 35, and 36 of 2007 and for which the application is to be submitted by the Mi...
0
3,755
1,834
### 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: Seth Group agreed to pay Rs.1,46,58,000/- to TFIPL towards license renewal fees in respect of license nos. ...
Om Prakash And Others Vs. State Of Utter Pradesh
had existed. 21. To us, the apprehension expressed by Mr. Mehta appears to be unfounded. 22. The Proviso in question created only a disability. The effect of the repeal is to remove that disability or restriction on the landowners right to receive 15 per cent solatium u/S. 23(2) of the Land Acquisition Act. Further, th...
1[ds]The mere fact that where the land is to be compulsorily acquired for a Scheme costing less than Rupees 10/- lakhs under Chapter XIV, no prior permission of the State is required for issuing the necessary notifications under Sections 357 and 363 of the Adhiniyam (which take the place of notifications under Sections...
1
3,925
931
### 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: had existed. 21. To us, the apprehension expressed by Mr. Mehta appears to be unfounded. 22. The Proviso in question create...
Haryana State Industrial Development Corporation Ltd Vs. Mawasi & Others
has to be followed and practised.” 17. In Haridas Das v. Usha Rani Banik (2006) 4 SCC 78 , the Court observed: “The parameters are prescribed in Order 47 CPC and for the purposes of this lis, permit the defendant to press for a rehearing “on account of some mistake or error apparent on the face of the records or for an...
0[ds]This consideration needs to be prefaced with an observation that the petitioner has not offered any explanation as to why it did not lead any evidence before the Reference Court to show that sale deed Exhibit P1 was not a bona fide transaction and the vendee had paid unusually high price for extraneous reasons. Th...
0
10,294
540
### 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: has to be followed and practised.” 17. In Haridas Das v. Usha Rani Banik (2006) 4 SCC 78 , the Court observed: “The param...
Sajeesh Babu K Vs. N.K.Santhosh
the High Court has criticized the report made by the Board and rejecting the criticism of the High Court in such academic matters, held as under: “…….We are unable to see the point of criticism of the High Court in such academic matters. Boards of Appointments are nominated by the Universities and when recommendations ...
1[ds]18) It is clear that in a matter of appointment/selection by an Expert Committee/Board consisting of qualified persons in the particular field, normally, the Courts should be slow to interfere with the opinions expressed by the experts, unless there is any allegation of mala fides against the experts who had const...
1
3,499
454
### Instruction: Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding. ### Input: the High Court has criticized the report made by the Board and rejecting the criticism of the High Court in such ...
J.P. Srivastava & Sons Pvt. Ltd. Vs. M/S. Gwalior Sugar Co. Ltd.
rested his concurrence with the view on the affidavit filed by Rajeshwari subsequent to the filing of the petition. He said: "... As Smt. Rajeshwari made her position clear in the affidavit filed in the High Court, I do think she had authorized her father to act on her behalf in the matter at hand, and the application ...
0[ds]29. Therefore although as a rule, trustees must execute their duties of their office jointly, this general principle is subject to the following exceptions when one trustee may act for all (1) where the Trust Deed allows the trusts to be executed by one or more or by majority of trustees (2) where there is express...
0
8,289
821
### 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: rested his concurrence with the view on the affidavit filed by Rajeshwari subsequent to the filing of the pe...
Howrah Mills Co. Ltd. Vs. Md. Shamin
24.12.2004 till date. Counsel submitted that the State would be willing to give necessary protection provided the charges are paid and they are continued to be paid as demanded by the State. 8. We do not see much force in the submission for counsel for respondents 1 to 3 that since they are raising some claim over a fr...
1[ds]It appears to us that this is a case where the State should be equally interested in seeing to it that the property was fully protected, until the scheme proposed by the BIFR is implemented and the revival of the industry is ensured. It is said that six thousand workers are involved and their welfare, along with t...
1
2,737
477
### 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: 24.12.2004 till date. Counsel submitted that the State would be willing to give necessary protection provid...
Dr. Gajendra Singh Vs. Union of India & Ors
M. R. Shah, J. 1. Feeling aggrieved and dissatisfied with the impugned Judgment and Order 14.02.2017 passed by the High Court of Judicature at Allahabad in Writ Appeal No.64492 of 2008 by which the High Court has dismissed the said appeal and has not interfered with the judgment and order passed by the learned Single J...
1[ds]3. Having heard learned counsel for the respective parties and considering the reply to the charge-sheet and the plausible explanation given by the appellant – delinquent officer, we are of the opinion that the order of removal passed by the disciplinary authority against the appellant who had rendered approximate...
1
764
233
### 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: M. R. Shah, J. 1. Feeling aggrieved and dissatisfied with the impugned Judgment and Order 14.02.2017 ...
STATE ELECTION COMMISSIONER, BIHAR PATNA Vs. JANAKDHARI PRASAD
of the State of U.P. had terminated by a general order the appointments of all Government Counsel (Civil, Criminal, Revenue) in all the districts of the State of U.P. The High Court had upheld the circular by which the order was passed. In appeal, by special leave, the Court dealt with two contentions, namely, the natu...
0[ds]11. As has been stated earlier, the learned single Judge has drawn a distinction between office of profit and service under the Government. We think it apposite to restate the legal position, the distinction between the two facets as above and thereafter x-ray the provision, the legislative purpose behind the same...
0
9,264
2,012
### Instruction: Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences. ### Input: of the State of U.P. had terminated by a general order the appointments of all Government Counsel (Civil, Criminal, Revenu...
Talib Hussain Vs. State of J. & K
the grounds of detention could not be disclosed to him and this was long after the expiry of ten days from his arrest. The petitioner was tortured at the interrogation centre, Jammu, and his signatures were forcibly obtained on a piece of blank paper. The petitioner claimed to be a permanent resident of village Azamaba...
0[ds]4. I had a look at the original records produced by the respondent. It is clear that the order of detention dated September 10, 1968 was explained to the petitioner on September 11, 1968. The order of detention is as under:"Whereas I, C. B. Budgujar, I. A. S. District Magistrate, Rajouri, am satisfied that with a ...
0
1,258
761
### 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 grounds of detention could not be disclosed to him and this was long after the expiry of ten days from his arrest. The ...
Charity Commissioner, Maharashtra State Vs. S.L.C.Foundation Trust
to imagine the Civil Court undertaking the work of inviting tenders, scrutinising the same and then selecting the best in order to protect the interest or benefit of the trust. The provisions of Ss. 36 and 50 of the Act will have to be understood and interpreted harmoniously in such a way as to see that none is rendere...
1[ds]( 8 ) WITH the assistance of the learned counsel on both the sides, we have gone through the pleadings and various exhibits produced by the respective parties. We have also gone through the judgment of the learned Judge in the light of the rival contentions and on consideration of the entire material, we are of th...
1
8,761
1,382
### Instruction: Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document. ### Input: to imagine the Civil Court undertaking the work of inviting tenders, scrutinising the same and then selecti...
Masta Singh Vs. Union Territory, Chandigarh
Fazal Ali, J. 1. In this appeal by special leave the appellant had been convicted under Section 16(1)(a)(i) read with Section 7(i) of the Prevention of Food Adulteration Act, 1954 and sentenced to six months rigorous imprisonment and a fine of Rs. 1000. The prosecution case was that on September 28, 1971, PW 1 the Food...
1[ds]The case appears to have been very badly conducted by the prosecution and presumably an innocent person has been subjected to prosecution which lasted for quite a long time including five years in this Court. We should have expected the prosecution to produce proper evidence in the court before launching the prose...
1
480
82
### 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: Fazal Ali, J. 1. In this appeal by special leave the appellant had been convicted under Section 16(1)(a)(i)...
A.P. Aggarwal Vs. Govt.Of N.C.T. Of Delhi
Tribunal or before this Court to place any valid reason for ignoring the appellant and launching a fresh process of selection.12. It is well settled that every State action, in order to survive, must not be susceptible to the vice of arbitrariness which is the crux of Article 14 of the Constitution and basic to the rul...
1[ds]11. In our opinion, this is a case of conferment of power together with a discretion which goes with it to enable proper exercise of the power and therefore it is coupled with a duty to shun arbitrariness in its exercise and to promote the object for which the power is conferred which undoubtedly is public interes...
1
2,958
998
### 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: Tribunal or before this Court to place any valid reason for ignoring the appellant and launching a fresh process of selecti...
M.C. MEHTA IN RE REPORT NO. 72 FILED BY EPCA AND ALLOCATION OF NATURAL GAS TO IGL Vs. UNION OF INDIA
1. We have considered the above Report filed by EPCA. 2. On 2nd May, 2017, learned amicus curiae had briefed us on the Report. It was pointed out on that day that use of Furnace Oil and Pet-Coke is prohibited in Delhi. It was further stated that the States of U.P., Haryana and Rajasthan had no objection if the ban is p...
1[ds]3. Almost four months have gone by and we are told that none of these three State Governments have taken any action in this matter. To make the situation worse, there is no representation on behalf of the State of U.P. nor is there any representation from the State of Rajasthan. Learned counsel appearing for the S...
1
206
341
### 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. We have considered the above Report filed by EPCA. 2. On 2nd May, 2017, learned amicus curiae had br...
The Commissioner Of Income Tax, Punjab Vs. The Lahore Electric Supply Co
to invest in stocks, shares, investments or securities of all classes and descriptions and to hold, sell, exchange or otherwise dispose of, deal with them from time to time. A company may of course own shares and make investments, and still not carry on any business; but in this case there is nothing to show that its i...
1[ds]In our opinion, none of the grounds mentioned in the preceding paragraph leads to the conclusion that the Company intended to carry on business. The facts found make it abundantly clear since 1942 the only business of the Company was to work the Lahore electric supply licence. It stopped that business on September...
1
4,592
1,075
### Instruction: Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text. ### Input: to invest in stocks, shares, investments or securities of all classes and descriptions and to hold, sell, exchange or oth...
THE NEW INDIA ASSURANCE COMPANY LIMITED Vs. SOMWATI & ORS.
law Dictionary, 10th edition. The Blacks law dictionary also simultaneously notices the filial consortium, parental consortium and spousal consortium in following manner:- Consortium 1. The benefits that one person, esp. A spouse, is entitled to receive from another, including companionship, cooperation, affection, aid...
1[ds]The Constitution Bench in Pranay Sethi has referred to amount of Rs.40,000/- to the loss of consortium but the Constitution Bench had not addressed the issue as to whether consortium of Rs.40,000/- is only payable as spousal consortium. The judgment of Pranay Sethi cannot be read to mean that it lays down the prop...
1
6,408
3,182
### 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: law Dictionary, 10th edition. The Blacks law dictionary also simultaneously notices the filial consorti...
Municipal Board, Hapur Vs. Raghuvendra Kripal And Others
a delegation which may be called excessive such excessive delegation may be struck down. I may in this connection refer to two decisions of this Court, namely, In re The Delhi Laws Act, 1912, (1951) SCR 747 : (AIR 1951 SC 332 ) and Rajnarain Singh v. The Chairman, Patna Administration Committee (1955) 1 SCR 290 : (AIR ...
1[ds]There is at the very start the fundamental fact that the power to tax in a State can only be exercised by the State Legislature, the extent of the power being fixed by the Constitution. The taxes which the State Legislatures are allowed to raise are enumerated in the Seventh Schedule to the Constitution. The State...
1
10,210
1,790
### Instruction: Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences. ### Input: a delegation which may be called excessive such excessive delegation may be struck down. I may in this connection refer to...
State Of Bombay Vs. Sardar Venkat Rao Krishna Rao Gujar
for grant of certificate. All the same we allowed Mr. Bindra to urge the contention that ottas and chabutras are not included in the term "buildings" in S. 5(a) of the Act.9. The relevant portion of S. 5(a) of the Act reads thus:"Subject to the provisions in Ss. 47 and 63 - all open enclosures used for agricultural or ...
0[ds]It would also appear from grounds 5 and 6 in the special leave petition that what was really sought to be urged before this Court was the contention actually pressed by the learned Advocate-General in support of the application for grant of certificate.Section 5(a) is an exception to S. 4(1)(a) of the Act. No doub...
0
2,710
393
### 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: for grant of certificate. All the same we allowed Mr. Bindra to urge the contention that ottas and chabutra...
Parmanand Patel (D) Th. Lrs. Vs. Sudha A.Chowgule
lot of controversy between the parties. There is also a lot of bad blood.19. The High Court in its impugned judgment proceeded on the premise that prima facie late Parmanand Patel had a desire to settle the properties in favour of his two daughters in equal shares. He made a meticulous plan therefor which would be tax ...
1[ds]15. Although, the learned counsel for the parties have addressed us at great length and in fact we have been taken through the minutest details of the relevant and important documents filed and relied on by the parties, we are of the opinion that it would not be prudent on our part to discuss the same in great det...
1
5,936
1,713
### 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: lot of controversy between the parties. There is also a lot of bad blood.19. The High Court in its impu...
Iyanahalli Bakkappa & Sons Vs. State Of Mysore
Section 3 (a) of the Central Sales Tax Act and since the appellant was the first dealer in matches in Mysore State it was liable to pay Sales Tax and accordingly, it was so assessed. Against the said assessment order the appellant filed an appeal to the Deputy Commissioner of Commercial Taxes who dismissed the Appeal. ...
0[ds]It appears to us on the facts as set out above which were not in dispute, the sales were made by the respective factories direct to the appellant, the sales price was also sent directly to the factories at Sivakasi. No doubt the orders were routed through the Sales Depot but on that account it cannot be said that ...
0
1,595
698
### Instruction: Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document. ### Input: Section 3 (a) of the Central Sales Tax Act and since the appellant was the first dealer in matches in M...
Nantu Ranjan Paul Vs. Steel Authority Of India Ltd.
1. Leave granted. 2. These appeals are directed against the judgment of the Division Bench of the High Court of Calcutta in F.M.A. No.481 of 2003 and F.M.A. No.482 of 2003 dated 17th June, 2008. 3. The brief facts which are necessary in these two appeals are recapitulated as under: The appellant, posted as Deputy Manag...
1[ds]We find no serious infirmity with the impugned judgment of the Division Bench. However, the appellant has been facing inquiry and Court proceedings for almost twenty five years and at this stage remitting the matter to the learned Single Judge would be very harsh to the appellant.
1
733
54
### 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: 1. Leave granted. 2. These appeals are directed against the judgment of the Division Bench of the High Court of Calcutta i...