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100 | Sir Hukumchand & Mannalal Co Vs. Commissioner Of Income-Tax, Madhya Pradesh | the application is in order and that there is or was a firm in existence constituted as shown in the Instrument of Partnership, grant to the assessee a certificate signed and dated by him in the following form:xx xx xx xx xx Rule 6-B. In the event of the Income-tax Officer being satisfied that the certificate granted u... | 1[ds]There is some force in this argument. But a careful reading of the provisions of S. 23 (4) and S.A brings out the difference in the phraseology used in S. 30 in the matter of appeals against orders made under the said two Sections. The relevant parts of S. 23 (4) and S.A (2) may be placed in juxtaposition:Section ... | 1 | 1,719 | ### Instruction:
From the information provided in the case proceeding, infer whether the court's decision will be positive (1) or negative (0) for the appellant.
### Input:
the application is in order and that there is or was a firm in existence constituted as shown in the Instrument of Partnership, grant to the asses... |
101 | Bimal Chandra Ranerjee Vs. State Of Madhya Pradesh | transported, or(d) manufactured, cultivated or collected under any licence granted under S. 13; or(e) manufactured in any distillery established, or any distillery or brewery licensed under this ActProvided that it shall be lawful for the State Government to exempt any excisable article from any duty to which the same ... | 1[ds]17. Neither S. 25 or S. 26 or S. 27 or S. 62 (1) or cls. (d) and (h) of S. 62 (2) empower the rule-making authority viz. the State Government to levy tax on excisable articles which have not been either imported. exported, transported, manufactured, cultivated or collected under any licence granted under S. 13 or ... | 1 | 2,290 | ### Instruction:
Scrutinize the evidence and arguments in the case proceeding to predict the court's decision: will the appeal be granted (1) or denied (0)?
### Input:
transported, or(d) manufactured, cultivated or collected under any licence granted under S. 13; or(e) manufactured in any distillery established, or an... |
102 | AJITH K Vs. ANEESH K.S | 12. On a careful analysis, it emerges that none of the conditions stipulated in Rule 10(a)(ii) have been fulfilled. The first situation contemplated by Rule 10(a)(ii) is where qualifications are recognized by executive orders or standing orders of the government as equivalent to a qualification specified for a post. Th... | 0[ds]11. The starting point of our enquiry in the present case is the order of the State Government dated 16 August 1972, published in the Kerala Gazette on 29 August 1972. It specifies the minimum qualifications required for the post of Health Inspector/ Food Inspector Grade-II. The qualification prescribed is a Sanit... | 0 | 3,898 | ### Instruction:
Based on the information in the case proceeding, determine the likely outcome: acceptance (1) or rejection (0) of the appellant/petitioner's case.
### Input:
12. On a careful analysis, it emerges that none of the conditions stipulated in Rule 10(a)(ii) have been fulfilled. The first situation contempl... |
103 | Haryana Wakf Board Vs. State of Haryana & Others | learned Single Judge, it must be said, with great respect to him, is based on misconstruction of the provisions of sub-sections (2) and (3) of Section 18 of the Tenures Act. The value of the land envisages under sub-section (2) is not the market value of the land but the value of the land which should be the average pr... | 1[ds]8. Having heard learned counsel for the parties, in our opinion, a person in settled possession can be disbursed some compensation on account of displacement and deprivation of the possession by virtue of acquisition of land. However, the quantum of compensation to be apportioned between the lessee or a person in ... | 1 | 5,906 | ### Instruction:
Evaluate the arguments and evidence in the case and predict the verdict: is an acceptance (1) or rejection (0) of the appeal more probable?
### Input:
learned Single Judge, it must be said, with great respect to him, is based on misconstruction of the provisions of sub-sections (2) and (3) of Section ... |
104 | Bangalore Woollen, Cotton And Silk Mills Co. Ltd Vs. The Corporation Of The City Of Bangalore By Its | has been defined in Art. 366, clause (10), to mean,""Existing law" means any law, Ordinance, order, bye-law or regulation passed or made before the commencement of this Constitution by any Legislature, authority or person having power to make such a law, Ordinance, order, bye-law, rule or regulation;"and by Art. 372 al... | 0[ds]3. It is unnecessary in this case to discuss the relevance of marginal notes in the construction of S. 38(1) (b) because in our opinion the language is unambiguous and clear and it validates any defect in any act done or proceedings taken under the Act and makes it immune from being questioned on the ground of any... | 0 | 3,643 | ### Instruction:
Based on the information in the case proceeding, determine the likely outcome: acceptance (1) or rejection (0) of the appellant/petitioner's case.
### Input:
has been defined in Art. 366, clause (10), to mean,""Existing law" means any law, Ordinance, order, bye-law or regulation passed or made before ... |
105 | Commissioner of Central Excise Vs. M/S. Modernova Plastyles Private Limited & Another | this Court in Misc. Civil Application No.606/2002 dated 15th July, 2009 as well as dated 31st August, 2010 in Central Excise Appeal No.2 of 2006 in the case of The Commissioner of Central Excise V/s. M/s. Nylocraft Precision Plastics Pvt. Ltd. and Others. He further relies on the judgments rendered by two other High Co... | 0[ds]11. In the present case undisputedly theis engaged in manufacturer of plastic articles /components and parts by using injection moulding machines and manufactures finished goods as per the requirement of the original equipment manufacturers. It is not in dispute that the moulds supplied by the supplier are capital... | 0 | 3,828 | ### Instruction:
From the information provided in the case proceeding, infer whether the court's decision will be positive (1) or negative (0) for the appellant.
### Input:
this Court in Misc. Civil Application No.606/2002 dated 15th July, 2009 as well as dated 31st August, 2010 in Central Excise Appeal No.2 of 2006 i... |
106 | UNION OF INDIA & ORS Vs. AGRICAS LLP & ORS | WTO member countries, yet safeguard measures in the form of Quantitative Restrictions are not provided for under any Indian law. This is in accordance with the provision to incorporate safeguard measures in the form of Quantitative Restrictions, as provided in Article XIX of GATT and the WTO Agreement on Safeguards. Se... | 0[ds]15. At the outset, we must record that the importers, and in our opinion rightly, have not raised the contention that the DGFT could not have notified the impugned notifications. The notifications themselves record that they were published by the Ministry of Commerce and Industry, Department of Commerce, Directora... | 0 | 21,863 | ### Instruction:
Based on the legal narrative and evidentiary details in the case proceeding, predict the court's stance: favorable (1) or unfavorable (0) to the appellant.
### Input:
WTO member countries, yet safeguard measures in the form of Quantitative Restrictions are not provided for under any Indian law. This i... |
107 | M.P. State Co-op. Dairy Fedn. Ltd. & Another Vs. Rajnesh Kumar Jamindar & Others | taken in the counter-affidavit before the High Court.42. Strong reliance has been placed by Mr. Sreekumar on a recent decision of this Court in Mundrika Dubey and Others v. State of Bihar and Others [(2008) 4 SCC 458] wherein orders of compulsory retirement by way of an economic measure had been found to be in the inte... | 0[ds]28. We have noticed the history of the Federation. It was a part of the Department of the Government. It not only carries on commercial activities, it works for achieving the better economic development of a section of the people. It seeks to achieve the principles laid down in Article 47 of the Constitution of In... | 0 | 9,938 | ### Instruction:
Delve into the case proceeding and predict the outcome: is the judgment expected to be in support (1) or in denial (0) of the appeal?
### Input:
taken in the counter-affidavit before the High Court.42. Strong reliance has been placed by Mr. Sreekumar on a recent decision of this Court in Mundrika Dube... |
108 | Rev. Mons. Sebastiao Francisco Xavier Dos Remedios Monteiro Vs. State of Goa | territory. Anticipated annexation by unilateral action is not true annexation. True annexation is only so when the territory is conquered and subjugated.(See Oppenheim International Law (7th End.). pp. 846-847 (Vol. I) 566 (Vol. I), pp. 448/52 (Vol. II), 430-439 (Vol. II) and 599 et. Seq. (Vol II), Greenspan (ibid) pp.... | 0[ds]6. The argument overlooks one cardinal principle of International Law and it is this. Rev. Father Monterio by his declaration retained his Portuguese nationality.His sojourn in India was subject to such laws as existed in India in general and in Goa in particular. It cannot be doubted that the reception and reside... | 0 | 5,691 | ### Instruction:
Scrutinize the evidence and arguments in the case proceeding to predict the court's decision: will the appeal be granted (1) or denied (0)?
### Input:
territory. Anticipated annexation by unilateral action is not true annexation. True annexation is only so when the territory is conquered and subjugate... |
109 | Manilal Mohanlal Shah And Others Vs. Sardar Sayed Ahmed Sayed Mahmad And Another | court to re-sell the property is imperative. A further consequence of non-payment is that the defaulting purchaser forfeits all claim to the property ... (Rule 86).9. It is not denied that the purchasers had not obtained any decree on foot of their mortgage and the claim of Rs. 1,20,000 which they put forward before th... | 0[ds]ut for the mistake we are of opinion that both the contentions are devoid of substance.It is not denied that the purchasers had not obtained any decree on foot of their mortgage and the claim of Rs. 1,20,000 which they put forward before the execution court had not been adjudicated upon or determined. The mortgage... | 0 | 2,989 | ### Instruction:
Using the case data, forecast whether the court is likely to side with (1) or against (0) the appellant/petitioner.
### Input:
court to re-sell the property is imperative. A further consequence of non-payment is that the defaulting purchaser forfeits all claim to the property ... (Rule 86).9. It is no... |
110 | The State Of West Bengal Vs. The Indian Iron & Steel Co. Ltd | as amended in Bihar - which amendments are not material for the decision of this case, - where activities other than mere winning the ore are carried on by an assessee with a view to convert the ore into a finished product and there is a transaction of sale of the ultimate product, the profit derived from the working o... | 1[ds]This contention has to be rejected in view of the decision of this Court in Tata Iron and Steel Co. Ltd. v. State of Bihar, (1963) Supp 1 SCR 199 = (AIR 1963 SC 577 ). The ratio of that decision directly bears on the point under consideration. It may be noted that the appellant therein as well as the respondent i... | 1 | 3,010 | ### Instruction:
Scrutinize the evidence and arguments in the case proceeding to predict the court's decision: will the appeal be granted (1) or denied (0)?
### Input:
as amended in Bihar - which amendments are not material for the decision of this case, - where activities other than mere winning the ore are carried o... |
111 | State Of A.P Vs. M/S.Kone Elevators (I)Ltd | the customer shall approve the drawings and shall make machine room Hoistway and the Lift Shaft including power supply for the assessee to commence installation at the time of the delivery of the lift. The contractual obligations of the assessee regarding installation included employing labour to complete the mechanica... | 1[ds]5. It can be treated as well settled that there is no standard formula by which one can distinguish a contract for sale from a works-contract. The question is largely one of fact depending upon the terms of the contract including the nature of the obligations to be discharged thereunder and the surrounding circums... | 1 | 3,773 | ### Instruction:
Based on the legal narrative and evidentiary details in the case proceeding, predict the court's stance: favorable (1) or unfavorable (0) to the appellant.
### Input:
the customer shall approve the drawings and shall make machine room Hoistway and the Lift Shaft including power supply for the assessee... |
112 | Dabur (Dr. S. K. Burman) Private Ltd. Deoghar, Bihar Vs. The Workmen | was the further finding that the workmen were all discharged from service as they had demanded increase in rates of wages and had also claimed that Sundays should be made paid holidays. Against this award, the appellant filed a petition under Art. 226 of the Constitution in the High Court of Patna requesting that Court... | 0[ds]In this case, however, as is clear from the judgment of the High Court, the question that arose was entirely different. The High Court has clearly held that this was not a case where the Government either withdrew or cancelled the reference to the Labour Court, Patna. The High Court has held that, from the facts s... | 0 | 1,610 | ### Instruction:
Analyze the legal arguments presented and estimate the likelihood of the court accepting (1) or rejecting (0) the petition.
### Input:
was the further finding that the workmen were all discharged from service as they had demanded increase in rates of wages and had also claimed that Sundays should be m... |
113 | MAHARASHTRA ARCHERY ASSOCIATION Vs. RAHUL MEHRA | Smt. Damyanti Naranga Vs. The Union of India and Ors. (1971) 1 SCC 678 , which had approved the exposition in G.K. Ghose and Anr. Vs. E.X. Joseph.(1963) Supp. 3 SCR 789 In that case, this Court had held that the right to form an Association was conditioned by the existence of the recognition of the said Association by ... | 1[ds]The background in which the said order came to be passed after hearing the parties, leaves no manner of doubt that it had modified the impugned order of the High Court dated 10 th August, 2017. Further, the contentious issues regarding the proposed amendment in the Constitution stood answered to that extent. In th... | 1 | 5,097 | ### Instruction:
Based on the information in the case proceeding, determine the likely outcome: acceptance (1) or rejection (0) of the appellant/petitioner's case.
### Input:
Smt. Damyanti Naranga Vs. The Union of India and Ors. (1971) 1 SCC 678 , which had approved the exposition in G.K. Ghose and Anr. Vs. E.X. Josep... |
114 | Dharmabiri Rana Vs. Pramod Kumar Sharma (D) Thr. Lrs. & Another | of the plaintiff seeking execution of agreement to sell, we now proceed to consider the findings recorded by the First Appellate Court.7. It is relevant to notice that before the trial court in spite of there being denial of title to the property by the defendants, no finding was returned by the trial court that defend... | 0[ds]The defendant No.2 has clearly pleaded that he is not the power of attorney holder of defendant No.1 and further both the defendants having pleaded that they are not owner of the property, the trial court ought to have framed a specific issue so as to focus its judgment on relevant issues, which have come before i... | 0 | 2,284 | ### Instruction:
From the information provided in the case proceeding, infer whether the court's decision will be positive (1) or negative (0) for the appellant.
### Input:
of the plaintiff seeking execution of agreement to sell, we now proceed to consider the findings recorded by the First Appellate Court.7. It is re... |
115 | Commissioner of Income Tax, Madras Vs. Rm. Ar. Ar. Veerappa Chettiar | the duty which was levied together with Rs. 7, 97, 072 as interest due from the date on which the estate duty was collected. 2. After the death of A. Senior, there were disputes between the three widows Lakshman Achi, Nachiar Achi and Uniayal Achi, and each widow adopted a son to her deceased husband. A suit for, parti... | 1[ds]But that case has no relevance here. for the only argument advanced before the Tribunal and the High Court in that case was. that the receipt was of a casual, and non-recurring nature and was on that account exempt from tax under s. 4(3) (vii) of the Income-tax Act. This Court negatived the contention. The Court d... | 1 | 1,311 | ### Instruction:
Based on the information in the case proceeding, determine the likely outcome: acceptance (1) or rejection (0) of the appellant/petitioner's case.
### Input:
the duty which was levied together with Rs. 7, 97, 072 as interest due from the date on which the estate duty was collected. 2. After the death ... |
116 | Britannia Engineering Company, Limited, West Bengal Vs. Their Workmen | such dispute. The balance sheet and profit and loss account were certified and must be presumed to be correct unless they are challenged and demonstrated to be wrong. In our judgment this addition was also improper. The next two items give no trouble at all. The sum of Rs. 6, 533, representing interest paid for the pre... | 1[ds]The main dispute centres round the calculation of the available surplus by the tribunal from which the bonus is payable. Both sides have fairly conceded that the approach to the problem by the tribunal was full of errors. This appears be due to a misunderstanding of the balance sheet and the profit and loss accoun... | 1 | 3,088 | ### Instruction:
Examine the details of the case proceeding and forecast if the appeal/petition stands a chance of being upheld (1) or dismissed (0).
### Input:
such dispute. The balance sheet and profit and loss account were certified and must be presumed to be correct unless they are challenged and demonstrated to b... |
117 | Ttk Biomed Limited Vs. Arebee Star Maritime Agencies Private Limited & Others | allowing the above Notice of Motion, whereby the Plaint is rejected against Defendant No.6, and he submitted that the said issue of limitation ought to have been decided at the trial, after allowing the parties to lead evidence. 13. Mr. Sancheti for original Defendant Nos.5 and 6 contended that the learned Single Judge... | 0[ds]18. After hearing both the learned Counsel, it is explicitly clear from the pleadings in the Plaint itself, that the suit is filed against Defendant No.6 much after the expiry of one year. There is absolutely no ambiguity and there is no evidence needed for establishing the same. 19. In the light of EastWest Steam... | 0 | 2,491 | ### Instruction:
Analyze the legal arguments presented and estimate the likelihood of the court accepting (1) or rejecting (0) the petition.
### Input:
allowing the above Notice of Motion, whereby the Plaint is rejected against Defendant No.6, and he submitted that the said issue of limitation ought to have been decid... |
118 | U.P. State Sugar & Cane Development Ltd Vs. Raza Buland Sugar Co. Ltd. | encumbrance or lien, trust or similar obligation (excepting any lien or other obligation) in respect of any advance on the security of any sugar stock or other stock-in-trade) attaching to the undertaking;Provided that any such debt, mortgage, charge or other encumbrance or lien, trust or similar obligation shall attac... | 1[ds]In respect of buildings the burden of proof was on the Corporation to establish that the buildings were held or occupied for the purpose of factory. The description of buildings under clause (vi) of Section 2(h) is not in the same language as in respect of lands. While defining lands the words used are "other than... | 1 | 2,882 | ### Instruction:
Based on the legal narrative and evidentiary details in the case proceeding, predict the court's stance: favorable (1) or unfavorable (0) to the appellant.
### Input:
encumbrance or lien, trust or similar obligation (excepting any lien or other obligation) in respect of any advance on the security of ... |
119 | Jambu Rao Satappa Kocheri Vs. Neminath Appayya Hanammannaver | appellant agreed to sell jirayat land admeasuring 41 acres 26 gunthas for a price of Rs. 32,000. The consideration of the agreement per se was not unlawful, for there is no provision in the Act which expressly or by implication forbids a contract for sale of agricultural lands between two agriculturists. Nor is the obj... | 0[ds]5. The evidence on the record about the area of lands held by the respondent at the relevant time is obscure. The agreement was dated July 20, 1958. On April 1, 1960, the respondent filed a statement in the Court the, barring lands which were liable to be excluded in determining whether the holding exceeded the ce... | 0 | 2,361 | ### Instruction:
Analyze the legal arguments presented and estimate the likelihood of the court accepting (1) or rejecting (0) the petition.
### Input:
appellant agreed to sell jirayat land admeasuring 41 acres 26 gunthas for a price of Rs. 32,000. The consideration of the agreement per se was not unlawful, for there ... |
120 | Indra Pal Gupta Vs. Managing Committee, Model Inter College Thora | governing the termination of the services of a probationer. In Parshotam Lal Dhingras case (supra), this Court observed at page 862 thus:"In short, if the termination of service is founded on the right flowing from contract or the service rules then, prima facie, the termination is not a punishment and carries with it ... | 1[ds]The above report was the real foundation on which the decision of the Managing Committee was based. This is a case where the order of termination issued is merely a camouflage for an order imposing the penalty of termination of service on the ground of misconduct. Secondly, the Division Bench has tried to justify ... | 1 | 3,465 | ### Instruction:
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governing the termination of the services of a probationer. In Parshotam Lal Dhingras case (supra), this Court observed at page 862 thus:"In short, if the te... |
121 | Afnees (Unconscious) Rep. Thr Mother Vs. Oriental Insurance Co. Ltd. Vadakara & Others | accident, the cost of his medical treatment and care is likely to be very high. In cases involving total or partial disablement, the term compensation used in Section 166 of the Motor Vehicles Act, 1988 (for short, the Act) would include not only the expenses incurred for immediate treatment, but also the amount likely... | 1[ds]This Court has, from time to time, expressed concern over the increasing number of motor accidents and pendency of large number of cases involving adjudication of claims made by the legal representatives of the deceased as also by those who suffer permanent injuries and disabilities of various types as a result of... | 1 | 2,317 | ### Instruction:
Using the case data, forecast whether the court is likely to side with (1) or against (0) the appellant/petitioner.
### Input:
accident, the cost of his medical treatment and care is likely to be very high. In cases involving total or partial disablement, the term compensation used in Section 166 of t... |
122 | Pala Singh & Anr Vs. State Of Punjab | Kohli, the learned counsel for the appellants, took us through the relevant evidence and the judgments of the two courts below. The principal argument pressed by him in support of this appeal was that the learned Additional Sessions Judge had on a consideration of the entire evidence come to a conclusion which is reaso... | 0[ds]This, in our view, correctly summarises the legal position as finally settled by this Court, The submission urged by Shri Kohli, therefore, that merely because the judgment of the trial court prima facie seems reasonable there is no scope for reassessment of the evidence by the appellate court is unacceptable. The... | 0 | 2,485 | ### Instruction:
Considering the arguments and evidence in case proceeding, predict the verdict: is it more likely to be in favor (1) or against (0) the appellant?
### Input:
Kohli, the learned counsel for the appellants, took us through the relevant evidence and the judgments of the two courts below. The principal ar... |
123 | Ajit Singh Vs. State of Punjab & Another | the second proviso since their land is not acquired as contemplated therein. We cannot accept this argument.33. Article 31-A deals with a special subject, namely, the saving of laws providing for acquisition of estate. This article saves any law from an attack under Articles 14, l9 and 31 provided it is for the acquisi... | 0[ds]4. There seems to be substance in the first two points. It seems to us clear that before a person can start acting as a Consolidation Officer he must be appointed as such. Before he is appointed he has no authority to exercise any of the functions of a Consolidation Officer. What he does purporting to act as a Con... | 0 | 9,262 | ### Instruction:
Based on the legal narrative and evidentiary details in the case proceeding, predict the court's stance: favorable (1) or unfavorable (0) to the appellant.
### Input:
the second proviso since their land is not acquired as contemplated therein. We cannot accept this argument.33. Article 31-A deals with... |
124 | Kerala Private Hospital Association & Others Vs. State of Kerala & Others | etc . -Each of the committees, sub-committees and the Advisory Board shall consist of persons to be nominated by the appropriate Government representing employers and employees in the scheduled employments, who shall be equal in number, and independent persons not exceeding one-third of its total number of members; one... | 0[ds]21. Having heard the learned counsel for the parties and on perusal of the record of the case, we find no merit in the appeal.Now coming to the facts of the case on hand, there lies a fallacy in the submissions urged by the learned counsel for the appellant.26. A person, who is nominated to represent the interest ... | 0 | 3,092 | ### Instruction:
Evaluate the arguments and evidence in the case and predict the verdict: is an acceptance (1) or rejection (0) of the appeal more probable?
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etc . -Each of the committees, sub-committees and the Advisory Board shall consist of persons to be nominated by the appropriate Government representin... |
125 | M/S. Bengal Bhatdee Coal Co Vs. Shri Ram Prabesh Singh & Ors | even, though it might be misconduct meriting dismissal. But it pointed out that the misconduct complained of in this case entailed fine, suspension or dismissal of the workmen, and the appellants chose dismissal, which was the extreme penalty. It referred to a decision of the Calcutta High Court in National Tabacco Co.... | 1[ds]We are of opinion that this contention of the appellant must prevail. The tribunal was not unaware of the fact that where a domestic inquiry is held properly, the tribunal does not sit in appeal on the findings of the domestic tribunal and it can only interfere with the punishment inflicted as a result of the dome... | 1 | 2,143 | ### Instruction:
Review the case details and predict the decision: will the court accept (1) or deny (0) the appeal/petition?
### Input:
even, though it might be misconduct meriting dismissal. But it pointed out that the misconduct complained of in this case entailed fine, suspension or dismissal of the workmen, and t... |
126 | Aslam Mohd. Merchant Vs. Competent Authority | facts necessary for his assessment during the concluded assessment proceedings, any part of his income, profits or gains chargeable to income-tax has escaped assessment. He may start reassessment proceedings either because some fresh facts had come to light which were not previously disclosed or some information with r... | 1[ds]41. Submission of Mr. Singh that the appellants have not been able to discharge the burden of proof which was on them from the impugned orders, it would appear that they have utterly failed to prove their own independent income; they being close relative of the detune as in terms of the statutory requirements , it... | 1 | 9,491 | ### Instruction:
Using the case data, forecast whether the court is likely to side with (1) or against (0) the appellant/petitioner.
### Input:
facts necessary for his assessment during the concluded assessment proceedings, any part of his income, profits or gains chargeable to income-tax has escaped assessment. He ma... |
127 | Unikat Sankunni Menon Vs. The State Of Rajasthan | against them in the matter of pay-scales, as compared with Income-tax Officers recruited directly to the Class I service. The Court, rejecting this argument, held:"The only other contention raised is that there is discrimination between Class I and Class II Officers inasmuch as, though they do the same kind of work, th... | 0[ds]It is true that, on such appointment under these Rules, he was not entitled to any special pay but the principle for fixation of pay given in the remark column ensured that the pay admissible to the Officer would certainly be higher than the pay which would have been admissible if the earlier Rules had continued i... | 0 | 3,794 | ### Instruction:
Interpret the case information and speculate on the court's decision: acceptance (1) or rejection (0) of the presented appeal.
### Input:
against them in the matter of pay-scales, as compared with Income-tax Officers recruited directly to the Class I service. The Court, rejecting this argument, held:"... |
128 | State of Gujarat and Another Vs. Vaghela Dayabhai Chaturbhai and Others | Code was enacted and this becomes obvious from the following observation of the High Court:-"As we have already pointed out, the object sought to be achieved is completely a collateral object and the criteria which are adopted for the alleged classification viz. the membership of the co-operative society and the person... | 1[ds]From a reading of the above observations of the High Court, it becomes obvious that the High Court felt that the Resolution which had been passed with a view to showing preference to members belonging to Scheduled Castes, Scheduled Tribes and backward classes, landless persons who belonged to the weaker sections o... | 1 | 6,606 | ### Instruction:
Considering the arguments and evidence in case proceeding, predict the verdict: is it more likely to be in favor (1) or against (0) the appellant?
### Input:
Code was enacted and this becomes obvious from the following observation of the High Court:-"As we have already pointed out, the object sought t... |
129 | The State Trading Corporation of India Ltd. & Others Vs. State of Mysore & Another | only concerned with the sales hi which goods were moved from outside into Mysore.2. The assessment year is 1956-57. We are, therefore, concerned with sales which took place between April 1, 1956 and March 31, 1957. The tax was imposed under the Mysore Sales Tax Act. 1948 which was in force during the whole of this peri... | 1[ds]7. The remaining part of the assessment year has to be considered in two periods. The first is between April 1, 1956 and September 10, 1956. During this period Art. 286 (2) of the Constitution before it was amended by the Constitution (Sixth Amendment) Act, 1956, was in force. That provision forbade a State legisl... | 1 | 1,188 | ### Instruction:
Examine the details of the case proceeding and forecast if the appeal/petition stands a chance of being upheld (1) or dismissed (0).
### Input:
only concerned with the sales hi which goods were moved from outside into Mysore.2. The assessment year is 1956-57. We are, therefore, concerned with sales wh... |
130 | Wazid Ali Abid Ali v. Commissioner of Income Tax, Lucknow. Additional Commissioner of Income Tax, Gujarat Vs. United Commercial Company | attention was, however, drawn to a decision of the Calcutta High Court in the case of Joshi and Co. v. CIT [1986] 162 ITR 268. The court held in that case that on the construction of the relevant sections and the rules framed under the Act of 1961, it appears that under the Income-tax Act, 1961, all that as assessee-fi... | 0[ds]There was a contract to the contrary, in our opinion, in the Allahabad High Courts decision, where the deed provided, inter alia, that where the deed is silent, it shall be governed by the Indian Partnership Act save and except that, on the death or demise of any partner, the firm shall not be dissolved but shall ... | 0 | 9,880 | ### Instruction:
Evaluate the arguments and evidence in the case and predict the verdict: is an acceptance (1) or rejection (0) of the appeal more probable?
### Input:
attention was, however, drawn to a decision of the Calcutta High Court in the case of Joshi and Co. v. CIT [1986] 162 ITR 268. The court held in that c... |
131 | Scindia Steam Navigation Co. Ltd Vs. Union of India | claim was being considered by them. We have, for instance, a letter addressed to the Stores Accounts Officer, E. P. Railway, Delhi, by the Head-quarters Office at Delhi in which the appellants claim is indicated at serial numbers 4 and 5, and the Stores Accounts Officer is asked to deal with it. The Administrative Offi... | 0[ds]It would thus be seen that in considering the nature of the contract in the present appeal either of the two artificial tests approved by this Court must be applied.It is clear that the fact that the contract in question was made by the Conservator of Forests, Kanara, is immaterial in determining its character und... | 0 | 6,145 | ### Instruction:
Based on the information in the case proceeding, determine the likely outcome: acceptance (1) or rejection (0) of the appellant/petitioner's case.
### Input:
claim was being considered by them. We have, for instance, a letter addressed to the Stores Accounts Officer, E. P. Railway, Delhi, by the Head-... |
132 | Mahadeo Vs. State of Bombay | of it. They rely on the definition of proprietor in the Act, and refer under the authority of S. 2(b) of the Act to the Central Provinces Land Revenue Act, 1917.22. The definition in the Act is not exhaustive. It only tells us who, besides the proprietor, is included in the term proprietor. Further, the definitions in ... | 0[ds]10. It is clear from the foregoing analysis of the decision in Chhotabhais case, 1953 SCR 476 : (AIR 1953 SC 108 ), that on a construction of the documents there under consideration and adopting a principle enuncited by the Privy Council in ILR (1949) Nag 892: (AIR 1949 PC 311 ) and relying upon a passage each ... | 0 | 5,668 | ### Instruction:
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of it. They rely on the definition of proprietor in the Act, and refer under the authority of S. 2(b) of the Act to the Central Provinces Land Revenue Act, 1917.22. The definition in... |
133 | T.V.V. Narasimham & Others Vs. State of Orissa | of Jeypore zamindari as originally settled in 1803. It appears that the Inam Commission appointed by the Government in 1862 called for and obtained from the zamindar a statement of pre-settlement and post-settlement inams within the geographical limits of the zamindari; but it did not make any inquiry in regard thereto... | 0[ds]14. The foregoing discussion leads us to the following conclusion: recognition signifies an admission or an acknowledgment of something existing before. To recognise is to take cognizance of a fact. It implies an overt act on the part of the person taking such cognizance. "Recognition" is, therefore, an acknowledg... | 0 | 4,756 | ### Instruction:
Based on the legal narrative and evidentiary details in the case proceeding, predict the court's stance: favorable (1) or unfavorable (0) to the appellant.
### Input:
of Jeypore zamindari as originally settled in 1803. It appears that the Inam Commission appointed by the Government in 1862 called for ... |
134 | Punjab Engineering College Etc Vs. Sanjay Gulati and Others | the time the decision of the High Court is pronounced. A further appeal to this Court consumes still more time, which creates further difficulties in adjusting equites between students who are wrongly admitted and those who are unjustly excluded. Inevitably, the Court has to rest content with an academic pronouncement ... | 1[ds]We are unable to accept the submission made by the petitioners that they should be preferred for admission irrespective of merit. The circumstance that they filed writ petitions in the High Court but others similarly aggrieved did no t, will not, justify the granting of admission to them by ignoring those others w... | 1 | 1,598 | ### Instruction:
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the time the decision of the High Court is pronounced. A further appeal to this Court consumes still more time, which creates further difficulties in adjusting equites between studen... |
135 | Hiralal Agrawal, Etc Vs. Rampadarath Singh & Others | by the municipal board on the found that the tax had not been imposed according to law inasmuch as the proposals and the draft rules had been published by the Board in an Urdu paper whereas according to S. 131 ( 3) read with S. 94 (3) of the U. P. Municipalities Act, 1918 they should have been published in a Hindi pape... | 1[ds]8. From the contents of Rr. 18 and 19 and Forms L.C. 12 and 13, it is clear that the object of these rules, firstly, is to enable the registering authority to see that the transferee does not by the transfer acquire land in excess of the ceiling area and, secondly, to enable the Collector to know that a transfer o... | 1 | 5,907 | ### Instruction:
Examine the details of the case proceeding and forecast if the appeal/petition stands a chance of being upheld (1) or dismissed (0).
### Input:
by the municipal board on the found that the tax had not been imposed according to law inasmuch as the proposals and the draft rules had been published by the... |
136 | Mcleod and Company Vs. Collector of Customs, Calcutta | J. C. Shah, J.1. The Collector of Customs, purporting to act under Section 167(8) of the Sea Customs Act, imposed a penalty of Rs. 5, 00, 000/- on goods covered by Shipping Bills Nos. 8072, 2082, 2083, 2084, 2127 and 2085, and imposed a personal penalty on M/s. McLeod & Co. Ltd. of Rs. 7, 00, 000/-. In respect of goods... | 1[ds]3. We do not see any reason to accede to this request. This Court has considered the matter in some detail. It is true that there was difference of opinion and the judgment was by a majority of the Court but we will not be justified in lightly ignoring the judgment of this Court which has been given after full con... | 1 | 557 | ### Instruction:
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J. C. Shah, J.1. The Collector of Customs, purporting to act under Section 167(8) of the Sea Customs Act, imposed a penalty of Rs. 5, 00, 000/- on goods covered by Shipping Bills Nos... |
137 | Tata Davy Ltd Vs. State Of Orissa | Works (SC). Vallabh Glass Works had been declared a sick industrial company within the meaning of section3(1) (o) of the Central Act. The appellant-Gram Panchayat initiated coercive proceedings under section129 of the Bombay Village Panchayat Act against Vallabh Glass Works to recover arrears of property tax. Vallabh G... | 1[ds]9. Vallabh Glass Works (SC); (SC) judgment covers these appeals. Arrears of taxes and the like due from sick industrial companies that satisfy the conditions set out in section22(1) of the Central Act cannot be recovered by coercive process unless the said Board gives its consent thereto.10. The Central Act is ena... | 1 | 1,897 | ### Instruction:
Using the case data, forecast whether the court is likely to side with (1) or against (0) the appellant/petitioner.
### Input:
Works (SC). Vallabh Glass Works had been declared a sick industrial company within the meaning of section3(1) (o) of the Central Act. The appellant-Gram Panchayat initiated co... |
138 | STATE OF RAJASTHAN Vs. SHIV DAYAL | Having heard the learned counsel for the parties and on perusal of the record of the case, we are constrained to allow the appeals, set aside the impugned order and remand the case to the High Court for deciding the second appeals afresh on merits in accordance with law. 13. In our opinion, the need to remand the case ... | 1[ds]12. Having heard the learned counsel for the parties and on perusal of the record of the case, we are constrained to allow the appeals, set aside the impugned order and remand the case to the High Court for deciding the second appeals afresh on merits in accordance with law13. In our opinion, the need to remand th... | 1 | 1,660 | ### Instruction:
Considering the arguments and evidence in case proceeding, predict the verdict: is it more likely to be in favor (1) or against (0) the appellant?
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Having heard the learned counsel for the parties and on perusal of the record of the case, we are constrained to allow the appeals, set aside th... |
139 | Ram Kripal Singh Vs. State Of U.P | Dr. Arijit Pasayat, J. 1. Leave granted. 2. Challenge in this appeal is to the order passed by a Division Bench of the Allahabad High Court dismissing the writ petition filed by the appellant. Challenge in the writ petition was to the recovery proceedings initiated against him under Uttar Pradesh Public Moneys recovery... | 0[ds]6. On a closure scrutiny the finding of the High Court appears to be in order. Though it was urged that the recovery citation was issued after 24.1.2004 i.e. on 18th September, 2004, it is to be noted that the first recovery citation was issued on 3.9.1993. It is true that the same was under challenge in another w... | 0 | 784 | ### Instruction:
Based on the legal narrative and evidentiary details in the case proceeding, predict the court's stance: favorable (1) or unfavorable (0) to the appellant.
### Input:
Dr. Arijit Pasayat, J. 1. Leave granted. 2. Challenge in this appeal is to the order passed by a Division Bench of the Allahabad High C... |
140 | Seth Hiralal Patni Vs. Sri Kali Nath | in an objection under Ss. 47 and l51 of the Code of Civil Procedure, objecting to the execution of the decree on a number of grounds, of which it is only necessary to notice the one challenging the jurisdiction of the High Court to entertain the suit and to make the award a decree of Court. It was contended that the Bo... | 0[ds]In our opinion, there is no substance in this contention. There was no inherent lack of jurisdiction in the Bombay High Court where the suit was instituted by the plaintiff-decree-holder. The plaint had been filed after obtaining the necessary leave of the High Court under Cl. 12 of the Letters Patent. Whether the... | 0 | 1,558 | ### Instruction:
Considering the arguments and evidence in case proceeding, predict the verdict: is it more likely to be in favor (1) or against (0) the appellant?
### Input:
in an objection under Ss. 47 and l51 of the Code of Civil Procedure, objecting to the execution of the decree on a number of grounds, of which i... |
141 | THE STATE OF TAMIL NADU Vs. THE STATE OF KARNATAKA | from paragraphs 1, 2, 47, 49, 50, 51, 52 and 53 of the decision of Kabir, J. (as the learned Chief Justice then was), with whom Katju, J. concurred:-"1. The State of Orissa has filed this writ petition under Article 32 of the Constitution of India, wherein the Government of India has been made Respondent 1 and the Stat... | 0[ds]13. The rival contentions advanced by the parties touching upon merits of the matter including maintainability of the suit will certainly be gone into after the parties are allowed opportunity to lead evidence in accordance with law and to make appropriate submissions.From the record it is prima facie evident that... | 0 | 6,322 | ### Instruction:
Analyze the legal arguments presented and estimate the likelihood of the court accepting (1) or rejecting (0) the petition.
### Input:
from paragraphs 1, 2, 47, 49, 50, 51, 52 and 53 of the decision of Kabir, J. (as the learned Chief Justice then was), with whom Katju, J. concurred:-"1. The State of O... |
142 | M/s. Road Transport Company Vs. Bhan Singh | contained in section. II.I(c) but subject otherwise to the terms, exceptions, conditions and limitations of this Policy the company will indemnify the insured against liability at law for compensation (including law costs of any claimant) for death of or bodily injury to any person other than a person excluded under se... | 0[ds]Thus the basic premium of Rs. 626 paid for the comprehensive risk was obviously in respect of the bus and not in respect of other risks as contended by the learned counsel for the respondent insurance company. A fair reading of the insurance policy discloses that the basic premium of Rs. 626/- though paid for comp... | 0 | 2,612 | ### Instruction:
Examine the details of the case proceeding and forecast if the appeal/petition stands a chance of being upheld (1) or dismissed (0).
### Input:
contained in section. II.I(c) but subject otherwise to the terms, exceptions, conditions and limitations of this Policy the company will indemnify the insured... |
143 | Trustees of The Port of Bombay Vs. Premier Automobiles Limited | that of any of its employees, But we are constrained to say that in Gulam Hussains case(1) also, the High Court referred only to the "employees of the Board and the torts committed by them in the course of their employment, but failed to notice that even though a duty was cast on the Board under section 61B for the los... | 1[ds]In reaching that conclusion the High Court noticed the obvious facts that in paragraph II(b) of the consent terms the trial court was required to assume that there was some misfeasance, malfeasance or non-feasance of the persons handling case No. 249. The High Court also noticed the two further facts (i) that ther... | 1 | 6,336 | ### Instruction:
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that of any of its employees, But we are constrained to say that in Gulam Hussains case(1) also, the High Court referred only to the "employees of the Board and the... |
144 | RAJINDER TIWARI Vs. KEDAR NATH (DECEASED) THROUGH LRS | Abhay Manohar Sapre, J. 1. Leave granted. 2. These appeals are directed against the final judgment and order dated 03.11.2016 passed by the High Court of Delhi at New Delhi in R.S.A. No.188 of 2010 whereby the High Court allowed the RSA filed by the respondents herein and order dated 26.04.2017 in CM(Application) No.46... | 1[ds]13. In our considered opinion, the need to remand the case to the Senior Civil Judge for trying the civil suit afresh on merits has occasioned for more than one reason.First, we find that the trial in the suit has not been done satisfactorily inasmuch as the defendant was not afforded an adequate opportunity to fi... | 1 | 845 | ### Instruction:
Considering the arguments and evidence in case proceeding, predict the verdict: is it more likely to be in favor (1) or against (0) the appellant?
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Abhay Manohar Sapre, J. 1. Leave granted. 2. These appeals are directed against the final judgment and order dated 03.11.2016 passed by the High... |
145 | Trai Foods Ltd Vs. National Insurance Co. & Others | 1. The Appellant Had Filed A Claim Before The National Commission Against The Respondent Insurance Company For Damages Under Four Heads:(I) Earthquake Damage(Ii) Machinery Breakdown (Do Set)(Iii) Deterioration Of Stock(Iv) Consequential Losses2. The Claim Before The Commission Was That The Earthquake Which Is Alleged T... | 0[ds]In Our View The Commission Should Address Itself To The Quantity Of The Claim, The Nature Of The Claim, The Nature Of The Evidence Which Would Be Required To Be Submitted Both In Respect Of The Claim And The Damages Suffered And The Nature Of The Legal Issues Before Deciding That The Matter Ought To Be Decided By ... | 0 | 643 | ### Instruction:
Analyze the legal arguments presented and estimate the likelihood of the court accepting (1) or rejecting (0) the petition.
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1. The Appellant Had Filed A Claim Before The National Commission Against The Respondent Insurance Company For Damages Under Four Heads:(I) Earthquake Damage(Ii) Machi... |
146 | BHARAT WATCH COMPANY THROUGH ITS PARTNER Vs. NATIONAL INSURANCE CO. LTD. THROUGH ITS REGIONAL MANAGER | for business. 4. A First Information Report was lodged with the Police and a claim under the insurance policy was made. The surveyor submitted a preliminary report on 4 September 2001 indicating a loss of approximately Rs 3,86,395. The surveyor recorded that they were informed by the partner of the firm that the theft ... | 1[ds]13. We find from the judgment of the District Forum that it was the specific contention of the appellant that the exclusionary conditions in the policy document had not been communicated by the insurer as a result of which the terms and conditions of the exclusion were never communicated. The fact that there was a... | 1 | 1,231 | ### Instruction:
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for business. 4. A First Information Report was lodged with the Police and a claim under the insurance policy was made. The surveyor submitted a preliminary ... |
147 | National Insurance Co. Ltd Vs. Keshav Bahadur | to Section 166 of the new Act can derive direct guidance from Section 34 of the Code of Civil Procedure, 1908 (in short the CPC). In fact, the provisions require payment of interest in addition to compensation already determined. Even though the expression may is used, a duty is laid on the Tribunal to consider the que... | 1[ds]12. Though Section 110CC of the Act (corresponding to Section 171 of the New Act) confers a discretion on the Tribunal to award interest, the same is meant to be exercised in cases where the claimant can claim the same as a matter of right. In the above background, it is to be judged whether a stipulation for high... | 1 | 2,515 | ### Instruction:
Based on the information in the case proceeding, determine the likely outcome: acceptance (1) or rejection (0) of the appellant/petitioner's case.
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to Section 166 of the new Act can derive direct guidance from Section 34 of the Code of Civil Procedure, 1908 (in short the CPC). In fact, the p... |
148 | DAMODAR VALLEY CORPORATION Vs. CENTRAL ELEC. REGULATORY COMM. AND ORS | found to be in two forms, namely, either as return on equity in respect of the equity portion and as interest on the loan component. 23. There remains only one area of doubt. In paragraph A-15, the Appellate Tribunal noted that the interest due from DVC on the capital employed by the participating Governments have been... | 0[ds]19. It is in the light of these orders that we must consider the contention of the appellant that despite appellant being entitled to the benefit of interest on capital it was not given the benefit despite the final pronouncement of this Court in 2018(8) SCC 281 upholding the view of the Appellate Tribunal itself ... | 0 | 6,869 | ### Instruction:
Considering the arguments and evidence in case proceeding, predict the verdict: is it more likely to be in favor (1) or against (0) the appellant?
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found to be in two forms, namely, either as return on equity in respect of the equity portion and as interest on the loan component. 23. There r... |
149 | Commissioner Of Income-Tax, Madras Vs. K. R. M. T. T. Thiagaraja Chetty & Co | connote the idea of something "coming in". Lord Wrenbury who delivered the judgment of the Privy Council construed the word "income and or accruing" as money arising or accruing by way of income and not "debts arising or accruing". The learned Law Lord observed A debt has accrued to him (tax-payer) but income has not. ... | 1[ds]The sum of Rs. 2,26,850-5-0 was debited as a revenue expenditure of the company as having been paid to the firm in the books of accounts of the company kept by the firm and was also allowed as a deduction in computing the profits and gains of the company for the purposes of income-tax for 1941-1942.The fact that c... | 1 | 3,674 | ### Instruction:
Considering the arguments and evidence in case proceeding, predict the verdict: is it more likely to be in favor (1) or against (0) the appellant?
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connote the idea of something "coming in". Lord Wrenbury who delivered the judgment of the Privy Council construed the word "income and or accru... |
150 | National Insurance Company Limited Vs. Mrs.Jyoti Niranjan Vaswani & Others | by the strict rules of evidence. We find that apart from the said certificate at Exh.27 which is on the letterhead of the company, there are large number of certificates filed on record on the letterhead of Mobil Shipping Company Limited showing the salary/income of the deceased right from 1986-1987. Therefore, it is n... | 1[ds]6. We have carefully considered the submissions. As far as first submission about contributory negligence is concerned, we may note here that the appellant obtained a leave under section 170 of the said Act to contest the claim application on all grounds which are available to the insured. Written statement of the... | 1 | 2,601 | ### Instruction:
From the information provided in the case proceeding, infer whether the court's decision will be positive (1) or negative (0) for the appellant.
### Input:
by the strict rules of evidence. We find that apart from the said certificate at Exh.27 which is on the letterhead of the company, there are large... |
151 | Ashalata Debi & Others Vs. Jadu Nath Roy & Others | of the Appellant.Paragraph 4(2) provided for appeals or applications for revision in respect of proceedings which were pending in the Courts after the 15th August 1947 and laid down that these proceedings by way of appeal or applications for revision could lie in the Court which would have appellate or revisional juris... | 0[ds]9. The next contention of the Appellants is equally untenable. The Calcutta High Court Considered these applications as applications in the suit for a special remedy given under a special law and held that the rules of the Code of Civil Procedure applied and an appeal lay against the orders because they were decre... | 0 | 2,589 | ### Instruction:
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of the Appellant.Paragraph 4(2) provided for appeals or applications for revision in respect of proceedings which were pending in the Courts after the 15th August 1947 and laid down ... |
152 | V. Ramakrishna Rao Vs. The Singareni Collieries Company Ltd. & Another | been able to move the Collector for making reference under Section 18 of the Act to get higher compensation if market value is revised by the Reference Court at the instance of other land owners, whose land is acquired under the same notification. Of course, this opportunity can be availed by filing application within ... | 1[ds]9. The above reproduced provision represents thedetermination to ensure that the goal of equality enshrined in the Preamble of the Constitution and Articles 38, 39 and 46 thereof is translated into reality, at least in the matter of payment of compensation to those who are deprived of their land for the benefit of... | 1 | 2,733 | ### Instruction:
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been able to move the Collector for making reference under Section 18 of the Act to get higher compensation if market value is revised by the Reference Court at the... |
153 | Narayanappa Vs. Jainarayan Chunnilal Marwadi | 1964 voluntarily. He rejected as an after though the story of the appellant that the surrender had been brought about as a result of procedure or undue influence exerted on him by representatives of Parubai - a story put forward by the appellant in his subsequent statement recorded on October 11, 1966 after remand. The... | 0[ds]The Deputy Collector and Tribunal found fault with Tahsildars order by holding that he had committed a breach of Rule 11 without indication what particular provision thereof had been committed a breach of by the Additional Tahsildar. It was pointed out by Mr. Lokur on behalf of the appellant that under Rule 11 it ... | 0 | 1,725 | ### Instruction:
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1964 voluntarily. He rejected as an after though the story of the appellant that the surrender had been brought about as a result of procedure or undue influence ex... |
154 | Chiranji Lal (D) By Lrs Vs. Hari Das (D) By Lrs | the decree was engrossed on the stamp paper they did not have any title in the property. 22. This Court while allowing the appeal against the decision of the High Court held that the compromise decree dated 13th February, 1978 being a decree effecting partition by metes and bounds ought to have been engrossed on requis... | 1[ds]11. The Court held that a decree is said to be enforceable when it is executable. For a decree to be executable, it must be in existence. A decree would be deemed to come into existence immediately on the pronouncement of the judgment and the decree becomes enforceable the moment the judgment is delivered and mere... | 1 | 4,152 | ### Instruction:
Evaluate the arguments and evidence in the case and predict the verdict: is an acceptance (1) or rejection (0) of the appeal more probable?
### Input:
the decree was engrossed on the stamp paper they did not have any title in the property. 22. This Court while allowing the appeal against the decision ... |
155 | Union Of India & Anr Vs. Majur Mahajan Mandal & Ors | award is made in pursuance of the settlement under the said section the settlement is inchoate and cannot be said to be effective, in law, prior to the making of the award which was done, in the instant case, between August and September, 1974. It is, therefore, submitted that the additional D.A. can be said to be sanc... | 0[ds]In the instant case we have already held that the rise in D.A. to 100% of the Ahmedabad Rate of D.A. was sanctioned under the settlement of 28th June, 1974, that is, before the appointed day. One of the principal components of the definition clause is, therefore, clearly absent in this case since there is no sanct... | 0 | 3,069 | ### Instruction:
Based on the information in the case proceeding, determine the likely outcome: acceptance (1) or rejection (0) of the appellant/petitioner's case.
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award is made in pursuance of the settlement under the said section the settlement is inchoate and cannot be said to be effective, in law, prior... |
156 | Commissioner of Service Tax, Ahmedabad Vs. M/s Adani Gas Ltd | not covered in existing meter connection. Further, few of the customers have also requested for termination of the GSAs due to various issues. In such cases, following amount shall be deducted from the Gas Connection Charges and balance shall be refundable. (1) Upgradation of Load: In this case the percentage of amount... | 1[ds]15. The applicability of Article 366(29-A)(d) was discussed in a decision of this Court in Bharat Sanchar Nigam Limited and another v. Union of India and others 2006 (3) SCC (1 ). ( BSNL). In BSNL, the Court held that the purpose of Article 366(29- A)(d) was to levy tax on those transactions where there was a tran... | 1 | 11,392 | ### Instruction:
Scrutinize the evidence and arguments in the case proceeding to predict the court's decision: will the appeal be granted (1) or denied (0)?
### Input:
not covered in existing meter connection. Further, few of the customers have also requested for termination of the GSAs due to various issues. In such ... |
157 | P. V. Godbole Vs. Jagannath Fakirchand | commodities. That Hindu Undivided Family was assessed for the assessment years 1944-45, 1945-46 and 1946-47. The assessment for the year 1944-45 was completed by the Income- tax Officer on March 14, 1949, and an appeal was taken against that assessment to the Appellate Assistant Commissioner and was decided on February... | 0[ds]For the reasons mentioned in my judgment in The Commissioner of Income-tax, Bihar & Orissa v. Sardar Lakhmir Singh ([1964] Vol. 1 S.C.R. 148.), I think that proviso is invalid as offending Art. 14 of the Constitution and affords no protection to the revenue authorities. It may be added that the impugned notice was... | 0 | 1,503 | ### Instruction:
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commodities. That Hindu Undivided Family was assessed for the assessment years 1944-45, 1945-46 and 1946-47. The assessment for the year 1944-45 was completed by the Income- tax Offi... |
158 | EX.SEPOY (WASHERMAN) RAM KHILAWAN Vs. UNION OF INDIA | in the public interest, and that their retention will not exceed the sanctioned strength of the regiment/corps. When such an appointment is not available or when their retention is either not considered necessary in the interest of the service or it exceeds the sanctioned strength of the regiment/corps, they will be di... | 1[ds]10. We have heard learned counsel for the parties and find that the discharge of the appellant was only under category 13(3)(III)(iii) as he has been found medically unfit for further service. Clause (v) of Rule 13(3)(III) would be applicable in respect of all other classes of discharge which do not find mention i... | 1 | 1,842 | ### Instruction:
Considering the arguments and evidence in case proceeding, predict the verdict: is it more likely to be in favor (1) or against (0) the appellant?
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in the public interest, and that their retention will not exceed the sanctioned strength of the regiment/corps. When such an appointment is not ... |
159 | ESI Corporation Vs. Harrison Malayalam Ltd | to another contract work which might have been undertaken by it really clinches the issue against the respondent. There is another decision of this Court to which our attention was invited by learned counsel for the Corporation in the case of E.S.I. Corporation v. Hotel Kalpaka International, 1993 (1) KLT 251. It has b... | 1[ds]7. We fail to appreciate how these observations made in the case of the respondent itself in that earlier case can be of any avail to the respondent in the present case. It is not the case of the respondent nor was it proved on record even in the alternative that the work which theemployees did was of such a natur... | 1 | 2,079 | ### Instruction:
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### Input:
to another contract work which might have been undertaken by it really clinches the issue against the respondent. There is another decision of this Court to which our attention was invi... |
160 | Bhimaji Shanker Kulkarni Vs. Dundappa Vithappa Udapudi And Anr | be open to the Civil Court to give any relief to the landlord by way of possession of the agricultural land. If, on the other hand, the Mamlatdar rejects the plea raised under the Tenancy Act, the Civil Court would be entitled to deal with the dispute on the footing that the defendant is a trespasser. 6. In Dhondi Tuka... | 0[ds]4. With regard to suits and proceedings by a landowner for possession of agricultural lands, the combined effect of Ss. 29, 70, 85 and 85A of the Act is as follows: The Mamlatdar has exclusive jurisdiction to entertain an application by a landlord for possession of agricultural lands against a tenant, and the Civi... | 0 | 3,079 | ### Instruction:
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### Input:
be open to the Civil Court to give any relief to the landlord by way of possession of the agricultural land. If, on the other hand, the Mamlatdar rejects the... |
161 | Syndicate Bank Vs. New Look Rubbers (P) Ltd. | the Managing Director of the company in execution of the decree in O.S.732/87. In fact the KFC was strangulating the industry from one side where as the Bank was doing the same thing on the Managing Director of the company from the other side which was shocking to judicial conscience. In the above circumstances for the... | 1[ds]7. We are of the opinion that the High Court has clearly overstepped its jurisdiction. The facts of the case show that the appellant had filed civil suit O.S.No.732/1987 against the respondent for recovery of the sums advanced as loan plus interest. This suit was decreed on 9th April 1990 with the positive finding... | 1 | 2,273 | ### Instruction:
Analyze the case proceeding and predict whether the appeal/petition will be accepted (1) or rejected (0).
### Input:
the Managing Director of the company in execution of the decree in O.S.732/87. In fact the KFC was strangulating the industry from one side where as the Bank was doing the same thing on... |
162 | MILKHI RAM Vs. HIMACHAL PRADESH STATE ELECTRICITY BOARD | of executing court was challenged by the Board in Civil Revision No. 16/2006. The Board contended before the High Court that the civil court had no jurisdiction to adjudicate a claim arising out of the ID Act and relief for the aggrieved employee could have been granted, only by the industrial court. It was further con... | 0[ds]The civil courts may have the limited jurisdiction in service matters, but jurisdiction may not be available to Court to adjudicate on orders passed by disciplinary authority. The authorities specified under the ID Act including the appropriate government and the industrial courts perform various functions and the... | 0 | 1,855 | ### Instruction:
Evaluate the arguments and evidence in the case and predict the verdict: is an acceptance (1) or rejection (0) of the appeal more probable?
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of executing court was challenged by the Board in Civil Revision No. 16/2006. The Board contended before the High Court that the civil court had no jur... |
163 | Idbi Trusteeship Services Ltd Vs. Hubtown Ltd | another cardinal constitutional value, on the one hand, and arbitrariness on the other, are sworn enemies. The discretion that a Judge exercises under Order XXXVII to refuse leave to defend or to grant conditional or unconditional leave to defend is a discretion akin to Josephs multi-coloured coat - a large number of b... | 1[ds]12. We find that Milkhirams case is in fact an important judgment on the scope of O.XXXVII of the CPC, and is not a judgment on principles to be applied under Section 115. This judgment, being a judgment of four learned judges of this court, set out, in paragraph 1, O.XXXVII, Rule 3 sub-rules (2) and (3) as amende... | 1 | 13,198 | ### Instruction:
Using the case data, forecast whether the court is likely to side with (1) or against (0) the appellant/petitioner.
### Input:
another cardinal constitutional value, on the one hand, and arbitrariness on the other, are sworn enemies. The discretion that a Judge exercises under Order XXXVII to refuse l... |
164 | Ram Nath And Another Vs. M/S. Ram Nath Chhittar Mal And Others | protected against eviction excepting for the reasons given in the proviso. The appellants had filed the original suits for eviction under S. 13(1) proviso (g) which was as under :Section 13(1) "Notwithstanding anything to the contrary contained in any other law or any contract, no decree or order for the recovery of po... | 1[ds]5. In our opinion the contentions raised by the appellants are well founded and the appellants must succeed. The suit for eviction were brought within the framework of the Act and were based on the provisions of S. 13 (1) proviso (g). No eviction would have been possible excepting when conditions laid down in S. 1... | 1 | 1,753 | ### Instruction:
Based on the legal narrative and evidentiary details in the case proceeding, predict the court's stance: favorable (1) or unfavorable (0) to the appellant.
### Input:
protected against eviction excepting for the reasons given in the proviso. The appellants had filed the original suits for eviction und... |
165 | M/S. Munoth Investments Ltd Vs. M/S. Puttukola Properties Ltd. | M.B. Shah, J. Leave granted. 2. Despite service of notice, none appears on behalf of the respondents. 3. By impugned judgment and order dated 27.11.2000 the High Court of Madras allowed Criminal OP No. 14007 of 1999 and quashed the proceedings under Section 138 of the Negotiable Instruments Act, 1881 (hereinafter refer... | 1[ds]5. In our view, the High Court committed material irregularity in not referring to the aforesaid evidence which was recorded by the Metropolitan Magistrate. Section 138(b) of the Act inter alia provides that the payee has to make demand for the payment of money by giving a notice to the drawer of the cheque within... | 1 | 646 | ### Instruction:
Scrutinize the evidence and arguments in the case proceeding to predict the court's decision: will the appeal be granted (1) or denied (0)?
### Input:
M.B. Shah, J. Leave granted. 2. Despite service of notice, none appears on behalf of the respondents. 3. By impugned judgment and order dated 27.11.200... |
166 | Anil Starch Products Limited Vs. Ahmedabad Chemical Workers' Union And Others | K. N. Wanchoo, J. 1. This is an appeal by special leave against the award of the Industrial Tribunal, Bombay, in a dispute between the Anil Starch Products Ltd., Ahmedabad (hereinafter referred to as the company) and its workmen, in the matter of profit bonus for the year 1953. The dispute arose over the demand made by... | 1[ds]The Tribunal, in our opinion, was in error in not allowing any return on the depreciation reserve used as working capital.The reasons given by it for this view are, in our opinion, untenable and unsatisfactory. Method of accounting has nothing to do with the question whether a return should be allowed on depreciat... | 1 | 1,099 | ### Instruction:
Given the specifics of the case proceeding, anticipate the court's ruling: will it favor (1) or oppose (0) the appellant’s request?
### Input:
K. N. Wanchoo, J. 1. This is an appeal by special leave against the award of the Industrial Tribunal, Bombay, in a dispute between the Anil Starch Products Ltd... |
167 | Union Of India Vs. M/S Popular Builders, Calcutta | the Chief Engineer, the authority under Clause 25 of the agreement to appoint an arbitrator and pursuant to the said request, the Chief Engineer by his letter dated 25.11.93 did appoint an arbitrator. Subsequently, the appointed arbitrator was changed. Pursuant to an order of the High Court and before the arbitrator, t... | 1[ds]5. Having considered the rival submissions at the Bar and on careful scrutiny of the objections filed by the Union Government under Sections 30 and 33 of the Arbitration Act, though we find sufficient force in the contention of Mr. Nageswara Rao, but the existence of a dispute being the condition precedent for app... | 1 | 1,272 | ### Instruction:
Analyze the case proceeding and predict whether the appeal/petition will be accepted (1) or rejected (0).
### Input:
the Chief Engineer, the authority under Clause 25 of the agreement to appoint an arbitrator and pursuant to the said request, the Chief Engineer by his letter dated 25.11.93 did appoint... |
168 | Shah Mathuradas Maganlal and Company Vs. Nagappa Shankarappa Malage and Others | to exist only up to 6 November, 1953. On the redemption of the mortgage the respondent had a right to recover possession both on the terms of the mortgage deed and under section 62 of the transfer of Property Act.The second feature in the Mortgage Deed is that the appellant was given power to sub-let. Section 15 of the... | 0[ds]For a marger to arise, it is necessary that a lesser e state and a higher estate should merge in one person at one and the same time and in the same right, and no interest in the property should remain outsion. In the case of a lease the estate that is in the lessor is a reversion. In the case of a mortgage the es... | 0 | 2,436 | ### Instruction:
Using the case data, forecast whether the court is likely to side with (1) or against (0) the appellant/petitioner.
### Input:
to exist only up to 6 November, 1953. On the redemption of the mortgage the respondent had a right to recover possession both on the terms of the mortgage deed and under secti... |
169 | M/S Hira Lall & Sons & Ors Vs. M/S Lakhsmi Commercial Bank | Babu, J. 1. This is a petition filed for transfer of original application No. 846 of 1996 pending before the Debts Recovery Tribunal (hereinafter referred to as "the Tribunal") to the High Court of Delhi. 2. The allegations in the application before the Tribunal are that the petitioners requested for opening Letters of... | 0[ds]The settled legal position is that a Letter of Credit constitutes sole contract with the banker and its authorising the bank issuing Letter of Credit has no concern with any question that may arise between the seller and the purchaser of goods in respect of the purchase price; that there should, however, be strict... | 0 | 1,079 | ### Instruction:
Analyze the case proceeding and predict whether the appeal/petition will be accepted (1) or rejected (0).
### Input:
Babu, J. 1. This is a petition filed for transfer of original application No. 846 of 1996 pending before the Debts Recovery Tribunal (hereinafter referred to as "the Tribunal") to the H... |
170 | Carl Still G.M.B.H. & Another Vs. State of Bihar & Others | It follows that the agreement dated December 19, 1953, being a contract for the construction of works, one and indivisible, the respondents have no right to impose a tax on the materials supplied in execution of that contract on the footing that such supply is a sale.11. It is next contended for the respondents that, w... | 1[ds]8. It is clear from the above clauses that the subject matter of the agreement was the installation of the coke oven battery and its accessories, that the sum of Rs. 2,31,50,000 was the price agreed to be paid for the execution of those works, and that there was no agreement for the sale of materials, as such by t... | 1 | 4,841 | ### Instruction:
Evaluate the arguments and evidence in the case and predict the verdict: is an acceptance (1) or rejection (0) of the appeal more probable?
### Input:
It follows that the agreement dated December 19, 1953, being a contract for the construction of works, one and indivisible, the respondents have no rig... |
171 | Bajaj Auto Limited Vs. Western Maharashtra Development Corporation Limited | when the act agreed to be done is such that compensation in money for its non-performance would not afford adequate relief. In the case of a contract to transfer movable property, normally specific performance is not granted except in circumstances specified in the explanation to Section 10. One of the exceptions is wh... | 1[ds]d with the judgment in Messer Holdings Ltd., Mr. Khambatta, the learned senior counsel appearing on behalf of the Respondent, submitted that whether a particular clause was a restriction on transferability of shares had to be necessarily decided on a case to case basis. He submitted that the facts in the case of M... | 1 | 13,476 | ### Instruction:
Analyze the legal arguments presented and estimate the likelihood of the court accepting (1) or rejecting (0) the petition.
### Input:
when the act agreed to be done is such that compensation in money for its non-performance would not afford adequate relief. In the case of a contract to transfer movab... |
172 | State Of U.P. Vs. Ram Daras Yadav | on security duty on 19.2.1990 from 0200 hours to 0400 hours aimed rifle at Gajendra Kumar Singh and threatened to eliminate him. A preliminary enquiry was conducted in the aforesaid incident by the Company Commander who prima facie found that the respondent had behaved in an indisciplined manner and he also made an uns... | 1[ds]The appellant is justified in asserting that the incident had infact taken place and there were exchange of abuses between the two constables10. We are quite conscious of the fact that we are dealing with a disciplined police organization. Discipline is the backbone of the police force. Highest degree of disciplin... | 1 | 1,165 | ### Instruction:
Interpret the case information and speculate on the court's decision: acceptance (1) or rejection (0) of the presented appeal.
### Input:
on security duty on 19.2.1990 from 0200 hours to 0400 hours aimed rifle at Gajendra Kumar Singh and threatened to eliminate him. A preliminary enquiry was conducted... |
173 | M.D. Dhanapal Vs. State | 1. These special leave petitions are against the orders dated 30.4.2019 and 16.5.2019 passed by the High Court of Madras (Madurai Bench) in Crl.O.P.(MD) No. 6462 of 2019 and Crl.M.P. (MD) No. 4654 of 2019 respectively.2. On 21.4.2019, on the occasion of the Chithra Pournami festival about seven pilgrims were killed and... | 1[ds]4. The High Court cannot be faulted as from the orders impugned it is patently clear that it was the learned lawyer appearing on behalf of the Petitioner who had offered to pay Rs. 10,00,000/- (Rupees ten lakhs only) to the family members/legal heirs of each of the deceased pilgrims5. An application was also made ... | 1 | 568 | ### Instruction:
Based on the information in the case proceeding, determine the likely outcome: acceptance (1) or rejection (0) of the appellant/petitioner's case.
### Input:
1. These special leave petitions are against the orders dated 30.4.2019 and 16.5.2019 passed by the High Court of Madras (Madurai Bench) in Crl.... |
174 | Suman Singh Vs. Sanjay Singh | proved constitute “mental cruelty” so as to attract the provisions of Section 13 (1) (ia) of the Act for granting decree of divorce. 25) Keeping in view the law laid down in Samar Ghosh’s case (supra), when we examine the grounds taken by the respondent in his petition for proving the mental cruelty for grant of divorc... | 1[ds]22) Having heard the learned counsel for the parties and on perusal of the record of the case, we are inclined to allow the appeals and while setting aside the impugned order, dismiss the divorce petition filed by the respondent(husband) against the appellant and, in consequence, allow the petition filed by the ap... | 1 | 2,649 | ### Instruction:
Evaluate the arguments and evidence in the case and predict the verdict: is an acceptance (1) or rejection (0) of the appeal more probable?
### Input:
proved constitute “mental cruelty” so as to attract the provisions of Section 13 (1) (ia) of the Act for granting decree of divorce. 25) Keeping in vie... |
175 | United India Insurance Co. Ltd.,Shimla Vs. Tilak Singh | limited to the extent it was specifically covered. After referring to the English Road Traffic Act, 1960, and Halsburys Laws of England (Third Edition) this Court came to the conclusion that section 95 of the 1939 Act required that the policy of insurance must be a policy insuring the insured against any liability incu... | 1[ds]There was no intention evidenced in the 1988 Act to make a clean departure from the previous position in law. Section 217 (4) evidences an intention to the contrary. Thus, the situation would be governed by Section 6(c) of the General Clauses Act, which provides that the repeal of an Act would not affect any right... | 1 | 3,373 | ### Instruction:
Evaluate the arguments and evidence in the case and predict the verdict: is an acceptance (1) or rejection (0) of the appeal more probable?
### Input:
limited to the extent it was specifically covered. After referring to the English Road Traffic Act, 1960, and Halsburys Laws of England (Third Edition)... |
176 | Kollipara Sriramulu Vs. T. Aswathanarayana & Ors | further contact between the parties, it is a question of construction whether the execution of the further contract is a condition or term of the bargain or whether it is a mere expression of the desire of the parties as to the manner in which the transaction already agreed to will in fact go through. In the former cas... | 0[ds]It was the case of respondent No. 1 that on July 6, 1952 there was a meeting of all the male partners at the house of Desu Virabhadrayya and at that meeting there was an agreement reached between all of them (except the appellant) and him-self that they should sell to him their shares (and the shares of those whom... | 0 | 4,061 | ### Instruction:
Given the specifics of the case proceeding, anticipate the court's ruling: will it favor (1) or oppose (0) the appellant’s request?
### Input:
further contact between the parties, it is a question of construction whether the execution of the further contract is a condition or term of the bargain or wh... |
177 | Vinod M. Chitalia Vs. Union of India | November 2005 and 25 December 2005, from that given to DRI(Customs dept.) on 25 April 2005, as recorded in the order of the Tribunal in the matter of APL. (See para 16 at page 240 of the Appeal Memo) Therefore there is in fact no retraction of any particular statement by Manoj Jain. It is pertinent to note that the App... | 0[ds]17. The Settlement Commission under Section 127H of the Customs Act, 1962 has power to grant immunity to any person who has made an application to it for settlement. The immunity is from prosecution under the Customs Act, 1962 and also either wholly or in part from the imposition of a penalty or fine under the Cus... | 0 | 5,508 | ### Instruction:
Examine the details of the case proceeding and forecast if the appeal/petition stands a chance of being upheld (1) or dismissed (0).
### Input:
November 2005 and 25 December 2005, from that given to DRI(Customs dept.) on 25 April 2005, as recorded in the order of the Tribunal in the matter of APL. (Se... |
178 | Indian Aluminium Cables Ltd. & Anr Vs. Excise And Taxation Officer & Anr | under the Punjab General Sales Tax Act had filed returns for the 4 quarters of the financial year ending on March 31, 1955 as also for the 4 quarters for the financial year ending on March 31, 1956. In respect of each year the Sales Tax Assessing Officer served three successive notices on the dealer one on March 7, 195... | 0[ds]But we think it is high time that the decision of the Full Bench of the High Court in Rameshwar Lals case should be clearly and expressly over-ruled now. An identical view had been expressed by his Court reversing the decision of the Punjab High Court in Letters Patent Appeal No. 319/63 in the case of The State of... | 0 | 5,889 | ### Instruction:
Based on the information in the case proceeding, determine the likely outcome: acceptance (1) or rejection (0) of the appellant/petitioner's case.
### Input:
under the Punjab General Sales Tax Act had filed returns for the 4 quarters of the financial year ending on March 31, 1955 as also for the 4 qua... |
179 | Durga Das Khanna Vs. Commissioner Of Income-Tax, Calcutta | for defraying other charges and expenses. The payment of rent was expressly stipulated at the rate of Rs. 2100 per month and there was no indication whatsoever that any different or higher rate of rent was agreed to. It is further submitted that there was no material or evidence on which it could be found that the cine... | 1[ds]5. It seems to us that the departmental authorities as well as the High Court were in error in treating the amount of Rs. 55,200 as advance payment of rent. The lease by which the cinema house was demised did not contain any condition or stipulation from which it could be inferred that the aforesaid amount had bee... | 1 | 2,251 | ### Instruction:
Based on the legal narrative and evidentiary details in the case proceeding, predict the court's stance: favorable (1) or unfavorable (0) to the appellant.
### Input:
for defraying other charges and expenses. The payment of rent was expressly stipulated at the rate of Rs. 2100 per month and there was ... |
180 | Maharashtra Sugar Mills Limited Vs. State of Bombay & Others | muster labour and contract labour employed by the Mills."The appeal Court relied upon the agreement signed by the contractor who recruited harvesting labour. Though there was no such contract or agreement between the contractors and non harvesting contract labour, the High Court found on evidence that the position of n... | 0[ds]7. We are of the opinion that none of these contentions has force in view of the terms of Ex. I which is a specimen agreement regarding, the operations of sugar cane cutting and transport,, entered into by, the company with thecontractors. cls. 4, 12, 13 and 16 of this agreement tell a differentcannot be seriously... | 0 | 2,041 | ### Instruction:
Evaluate the arguments and evidence in the case and predict the verdict: is an acceptance (1) or rejection (0) of the appeal more probable?
### Input:
muster labour and contract labour employed by the Mills."The appeal Court relied upon the agreement signed by the contractor who recruited harvesting l... |
181 | Anand Agro Chem India Ltd Vs. Suresh Chandra | contention of Mr. Ram Jethmalani, Senior Advocate is that the property of the sugar mill has already been attached to recover the dues and the sale notice has been issued and unless there is proof of the minimal fairness of willful failure to pay in spite of sufficient means, the arrest cannot be ordered and it would b... | 0[ds]8. The Division Bench of the Allahabad High Court in its order dated 26.4.2013 has directed the District Magistrate, Hathras, namely, the Collector to take immediate action against the Directors and occupiers of themill against whom several orders have been passed under the U.P. Sugarcane (Regulation and Supply) A... | 0 | 1,682 | ### Instruction:
Considering the arguments and evidence in case proceeding, predict the verdict: is it more likely to be in favor (1) or against (0) the appellant?
### Input:
contention of Mr. Ram Jethmalani, Senior Advocate is that the property of the sugar mill has already been attached to recover the dues and the s... |
182 | National Textile Corporation And Another Vs. State Of Maharashtra And Others | aforesaid which have vested in the Central Government under sub- section (1) of section 3 shall, by force of such vesting, be freed and discharged from any trust, obligation, mortgage, charge, lien and all other incumbrances affecting it, and any attachment, injunction or decree or order of any court restricting the us... | 0[ds]The term incumbrance has not been defined in the Act. In Whartons Law lexicon incumbrance is described as being a claim, lien or liability, attached to property. This is the sense in which the term is ordinarily used. An incumbrance in this sense has to be a liability " attached to property", it must be a burden o... | 0 | 1,655 | ### Instruction:
Analyze the case proceeding and predict whether the appeal/petition will be accepted (1) or rejected (0).
### Input:
aforesaid which have vested in the Central Government under sub- section (1) of section 3 shall, by force of such vesting, be freed and discharged from any trust, obligation, mortgage, ... |
183 | State Of Kerala And Anr Vs. The Gwalior Rayon Silk Manufacturing (Wvg.) Co. Ltd. Etc | standing in such portions of the private forests as are or may be assigned under Section 10. No such fund is created for the purpose of the trees standing in the reserve area. But that does not mean that the value of the trees in the reserve area can be utilized for purposes other than those specifically mentioned in S... | 1[ds]15. It must be remembered that what is stated generally about the nature of the reserve forest lands in the old State of Travancore Cochin applies equally to the private forest lands of Malabar District because all these forests are contiguous and form one long belt of a mountainous terrain now forming part of the... | 1 | 7,872 | ### Instruction:
From the information provided in the case proceeding, infer whether the court's decision will be positive (1) or negative (0) for the appellant.
### Input:
standing in such portions of the private forests as are or may be assigned under Section 10. No such fund is created for the purpose of the trees ... |
184 | Rajwinder Kaur and Ors Vs. Oriental Bank of Commerce and Ors | 1. Leave granted.2. Civil Suit No. 731 of 1995 instituted by the Appellants has been dismissed by three forums leading to the present appeal Under Article 136 of the Constitution of India. Ordinarily and in the normal course this Court would not have been inclined to examine the matter in view of the consistent finding... | 1[ds]If the Plaintiffs were the owners of the suit property we do not see how the suit filed by the Respondent Bank could have proceeded at all in the absence of the Plaintiffs as a party to the said suit. The suit filed by the Respondent-Bank, therefore, clearly suffered from the defect of non-joinder of all necessary... | 1 | 784 | ### Instruction:
Based on the information in the case proceeding, determine the likely outcome: acceptance (1) or rejection (0) of the appellant/petitioner's case.
### Input:
1. Leave granted.2. Civil Suit No. 731 of 1995 instituted by the Appellants has been dismissed by three forums leading to the present appeal Und... |
185 | T.D.Gopalan Vs. The Commissioner Of Hindu Religious And Chari- Tabl | or private. 12. Mr. Natesan says that if the evidence of the witnesses produced by the defendants is not accepted as was not rightly accepted by the District Judge then there will be hardly any features or circumstances barring some of the physical features of the temple and the fact that people have been allowed to wo... | 1[ds]14. In our judgment the High Court was in error in holding that members of the public had been worshipping at the Mandapam in dispute without let or hindrance. In arriving at that conclusion it appears to have believed the witnesses produced by the defendants. It has also relied on the principle that in the absenc... | 1 | 3,998 | ### Instruction:
Scrutinize the evidence and arguments in the case proceeding to predict the court's decision: will the appeal be granted (1) or denied (0)?
### Input:
or private. 12. Mr. Natesan says that if the evidence of the witnesses produced by the defendants is not accepted as was not rightly accepted by the Di... |
186 | M/S Modi Cements Limited Vs. Shri Kuchil Kumar Nandi | and to ensure credibility in transacting business through cheques. It is for this reason we are of the considered view that the observations of this Court in Electronics Trade & Technology Development Corporation Ltd., Secunderabad (supra) in paragraph 6 to the effect "Suppose after the cheque is issued to the payee or... | 1[ds]15. According to the learned Counsel if the observation of this Court in Electronics Trade & Technology Development Corporation Ltd., Secundarabad(supra) to the effect, "Suppose after the cheque is issued to the payee or to the holder in due course and before it is presented for encashment, notice is issued to him... | 1 | 3,335 | ### Instruction:
Assess the case proceedings and provide a prediction: is the court likely to rule in favor of (1) or against (0) the appellant/petitioner?
### Input:
and to ensure credibility in transacting business through cheques. It is for this reason we are of the considered view that the observations of this Cou... |
187 | J.H. Patel (D) BY LRS. & Others Vs. Nuboard Manufacturing Co. Ltd. & Others | "protected workmen" and that no prior approval was obtained to conduct any inquiry. 9. Mr. Sunny Chaudhary, learned counsel appearing for the respondents submitted that undoubtedly the workmen had lodged the Complaint against the senior officers of the respondent Company in the Magistrates Court. This damaged the reput... | 1[ds]In the present case, there is no discussion whatsoever about the evidence as to why the Labour Court came to the conclusion that the misconduct is established. In the circumstances, the findings of the Labour Court cannot be sustained that the management had proved the misconduct. Inasmuch as the misconduct was no... | 1 | 2,337 | ### Instruction:
Using the case data, forecast whether the court is likely to side with (1) or against (0) the appellant/petitioner.
### Input:
"protected workmen" and that no prior approval was obtained to conduct any inquiry. 9. Mr. Sunny Chaudhary, learned counsel appearing for the respondents submitted that undoub... |
188 | M/S. Cable Corpn. Of India Ltd Vs. Additional Commissioner Of Labour | matter or, as the case may be, cause it to be referred, to a Tribunal for adjudication.Provided that where a reference has been made to a Tribunal under this sub-section, it shall pass an award within a period of thirty days from the date of such reference." (Underlined for emphasis) 7. In Excel Wear v. Union of India ... | 1[ds]11. On a close reading of the judgment it is clear that in the said case the issues presently under consideration did not fall for consideration. What was stated in essence was that the provisions for amended Section 25-O relates to review and reference would be in addition to judicial review under Article 226 or ... | 1 | 2,086 | ### Instruction:
Based on the information in the case proceeding, determine the likely outcome: acceptance (1) or rejection (0) of the appellant/petitioner's case.
### Input:
matter or, as the case may be, cause it to be referred, to a Tribunal for adjudication.Provided that where a reference has been made to a Tribun... |
189 | The State Of Tripura Vs. The Province Of East Bengalunion Of India--Intervener | 1. The challenge in this appeal is to the impugned order of the High Court, dated 15th March, 2002, whereby Civil Misc. Writ Petition No. 26446/2001, filed by the appellants, was dismissed. In the said writ petition, the appellants had challenged the order of the Labour Court dated 25th May, 2001 whereby the applicatio... | 1[ds]3. After hearing learned counsel for the appellants and the workman-respondent No.4, we are of the view that ends of justice would be met if the dispute about the termination of services of workman-respondent No.4 is decided afresh by the Labour Court on merits, after giving opportunity to the appellants and the a... | 1 | 687 | ### Instruction:
Considering the arguments and evidence in case proceeding, predict the verdict: is it more likely to be in favor (1) or against (0) the appellant?
### Input:
1. The challenge in this appeal is to the impugned order of the High Court, dated 15th March, 2002, whereby Civil Misc. Writ Petition No. 26446/... |
190 | In Re Bhavani River Vs. Sakthi Sugars Ltd | A.S. Anand, J. 1. An additional affidavit of Undertaking has been filed in Court today by Mr. P. Natarajan on behalf of the Industry, respondent No. 6.2. We have heard learned counsel for respondent No. 6, the learned Amicus Curiae as also the learned counsel appearing for Tamil Nadu Pollution Control Board.3. From a p... | 0[ds]9. From the affidavit of Undertaking of respondent No. 6 filed today, we also find on admission that there are eleven small intermediary transit tanks used for transferring the effluent from the concentration plant to the lagoons, which are also unlined at the bottom. Respondent No. 6 shall not put to use those tr... | 0 | 635 | ### Instruction:
Review the case details and predict the decision: will the court accept (1) or deny (0) the appeal/petition?
### Input:
A.S. Anand, J. 1. An additional affidavit of Undertaking has been filed in Court today by Mr. P. Natarajan on behalf of the Industry, respondent No. 6.2. We have heard learned counse... |
191 | Union Of India Vs. Onkar S. Kanwar | (Removal of Difficulties) Order was not to be given where the proceedings were pending adjudication but only where the show cause notices were pending adjudication. 11. Mr. Vellapally, on the other hand, submitted that only one show cause notice had been issued. He submitted that in the same show cause notice the Compa... | 0[ds]It is settled law that when an Appeal is pending there is no finality to the proceedings. The proceedings are then deemed to be continuing. Undoubtedly, at one place the Kar Vivad Samadhan Scheme (Removal of Difficulties) Order seems does state that the show cause notice should be pending adjudication. However, th... | 0 | 3,177 | ### Instruction:
Review the case details and predict the decision: will the court accept (1) or deny (0) the appeal/petition?
### Input:
(Removal of Difficulties) Order was not to be given where the proceedings were pending adjudication but only where the show cause notices were pending adjudication. 11. Mr. Vellapall... |
192 | Ajanta Pharma Ltd Vs. Commissioner of Income Tax-9, Mumbai | as clause (iv). Section 115JB continues to remain a self-contained Code.9. On the other hand, Section 80HHC(1) inter alia states that where an assessee, who is the Indian resident, is engaged in the business of exports out of India of any goods earns convertible foreign exchange then in computing the total income, a de... | 1[ds]7. In recent times, the number ofcompanies and companies paying marginal tax has grown, hence, vide the Finance (No.2) Act, 1996, levy of minimum tax on companies having "book profits" stood introduced. The scheme envisaged payment of minimum tax by deeming 30% of the book profits computed under the Companies Act,... | 1 | 2,656 | ### Instruction:
Analyze the legal arguments presented and estimate the likelihood of the court accepting (1) or rejecting (0) the petition.
### Input:
as clause (iv). Section 115JB continues to remain a self-contained Code.9. On the other hand, Section 80HHC(1) inter alia states that where an assessee, who is the Ind... |
193 | Ranjit Singh Etc Vs. Union of India | guns per month. Until the year 1963, the licence in favour of Pritam Singh was renewed by the Government of Jammu &Kashmir for the full quota of 30 guns. But with effect from the year 1964 the Government of India began to issue the licences. The quota was reduced from 30 guns to 10 guns per month, and it is alleged tha... | 1[ds]The Union of India rests its case on the Industrial Policy Resolution of 1956. Under that Resolution, however, it was decided that no objection would be taken to the continuance of the manufacture of arms and ammunition by existing units in the private sector already licensed for such manufacture provided the oper... | 1 | 1,285 | ### Instruction:
Examine the details of the case proceeding and forecast if the appeal/petition stands a chance of being upheld (1) or dismissed (0).
### Input:
guns per month. Until the year 1963, the licence in favour of Pritam Singh was renewed by the Government of Jammu &Kashmir for the full quota of 30 guns. But ... |
194 | Arun Maan and Ors Vs. State of Uttar Pradesh and Ors | Kurian Joseph, J.1. Leave granted.2. In the nature of order we propose to pass, it is not necessary to issue notice to the Respondents, since, in any case, the matter will have to be contested on merits before the High Court.3. We find that in the High Court also, no notice was issued to the parties while dismissing th... | 0[ds]6. It may be seen that the High Court of Delhi reserved the liberty to the Appellants, while withdrawing the writ petition to challenge the orders, which are now mentioned before the High Court of Allahabad. Therefore, it cannot be said that there is delay of more than five years, while filing the writ petitions. ... | 0 | 423 | ### Instruction:
Analyze the legal arguments presented and estimate the likelihood of the court accepting (1) or rejecting (0) the petition.
### Input:
Kurian Joseph, J.1. Leave granted.2. In the nature of order we propose to pass, it is not necessary to issue notice to the Respondents, since, in any case, the matter ... |
195 | Vandana Global Limited Vs. Il & Fs Financial Services Limited | the exercise price. To appreciate as to what is the meaning of the term guarantee it would be useful to refer to Blacks Law Dictionary, Eighth Edition which defines guarantee as under:Guarantee (garantee), n. 1. The assurance that a contract or legal act will be duly carried out.2. GUARANTY (1)In practice, guarantee, n... | 0[ds]13. There are three principal submissions as urged on behalf of the appellant in challenging the impugned order passed by the learned Single Judge. The first submission is that the option agreement was not available to be invoked against the appellant as the same was terminated by the appellant on 4 March 2015. Th... | 0 | 5,272 | ### Instruction:
Examine the case narrative and anticipate the court's decision: will it result in an approval (1) or disapproval (0) of the appeal?
### Input:
the exercise price. To appreciate as to what is the meaning of the term guarantee it would be useful to refer to Blacks Law Dictionary, Eighth Edition which de... |
196 | Jasodabai & Smt. Ramchandrabai Vs. The State Of Maharashtra & Anr | Hidayatullah, C.J.1. This order will govern the disposal of Civil Appeals Nos. 1554 and 1555 of 1966.2. The two appellants, seeking to appeal against the common judgment and order of the Bombay High Court (Nagpur Bench), September 10, 1965, in proceedings under Art. 226 of the Constitution, applied to the Division Benc... | 0[ds]6. There is considerable force in the submissions. As pointed out in the earlier case Art. 133 is wide enough to take in civil proceedings decided in the High Court in the exercise of the extraordinary jurisdiction provided some civil right of the party is decided. The appellants before the High Court were attempt... | 0 | 788 | ### Instruction:
From the information provided in the case proceeding, infer whether the court's decision will be positive (1) or negative (0) for the appellant.
### Input:
Hidayatullah, C.J.1. This order will govern the disposal of Civil Appeals Nos. 1554 and 1555 of 1966.2. The two appellants, seeking to appeal agai... |
197 | The State Of Bihar Vs. Shailabala Devi | of this nature. They will necessarily be educated people. Such writings leave their readers cold and nobody takes them seriously. People laugh and scoff at such stuff as they have become too familiar with it and such writings have lost all sting. Any non-descript person who promises to change the order of things by blo... | 0[ds]4. In my opinion, Shearer J. was right in the view that there is nothing in the two decisions of this Court which bears directly or indirectly on the point at issue in the present case and that both Sarjoo Prasad and Ramaswami JJ. were in error in holding that these decisions were conclusive on the question of the... | 0 | 4,074 | ### Instruction:
Assess the case proceedings and provide a prediction: is the court likely to rule in favor of (1) or against (0) the appellant/petitioner?
### Input:
of this nature. They will necessarily be educated people. Such writings leave their readers cold and nobody takes them seriously. People laugh and scoff... |
198 | Jumni & Others Vs. State of Haryana | declaration would put the court on the guard and induce it to apply a rule of caution. There may be cases wherein the part of the dying declaration which is not found to be correct is so indissolubly linked with the other part of the dying declaration that it is not possible to sever the two parts. In such an event the... | 1[ds]36. Apart from the conclusions of the Trial Court and the High Court appearing far-fetched, the testimony of Jagan Nath Mishra (DW-2) the tenant of Prem Nath has not been correctly appreciated because of a typing error in transcribing it from the original record. As mentioned above, Jagan Nath Mishra had seen Prem... | 1 | 5,252 | ### Instruction:
Analyze the legal arguments presented and estimate the likelihood of the court accepting (1) or rejecting (0) the petition.
### Input:
declaration would put the court on the guard and induce it to apply a rule of caution. There may be cases wherein the part of the dying declaration which is not found ... |
199 | Charanjit Pal Jindal Vs. M/s. L.N. Metalics | It does not lay down any condition that the person-in-charge or an officer of the Company may not be separately prosecuted if the Company itself is not prosecuted. Each or any of them may be separately prosecuted or alongwith the Company. Section 10 lists the person who may be held guilty and punished when it is a Comp... | 1[ds]8. In Aneeta Hadas case (supra) the question that arose for determination by this Court was whether an authorised signatory of a company would be liable for prosecution u/s 138 of the Act without the company being arraigned as an accused. As there was a difference of opinion between the two learned Judges regardin... | 1 | 2,907 | ### Instruction:
Scrutinize the evidence and arguments in the case proceeding to predict the court's decision: will the appeal be granted (1) or denied (0)?
### Input:
It does not lay down any condition that the person-in-charge or an officer of the Company may not be separately prosecuted if the Company itself is not... |
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