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1,000 | Bhagwati Prasad Sah And Others Vs. Bhagwati Prasad Sah And Another | on the ground of vicinage by the owner of any adjoining land or house (and perhaps by the owner of the site itself, supposing him to be a different person from the vendor of the house, even though he should happen to own no land except that covered by the house)."12. It is said that the words in the brackets conceding ... | 1[ds]The judgment of this Court finally settled the question as between co-sharers. Following the decision we hold that the law of pre-emption vis-a-vis co-sharers does not infringe the fundamental right conferred under Art. 19 (1) (f) of thecannot allow the appellants to raise the saidHigh Court, in our opinion, was c... | 1 | 4,995 | ### 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?
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on the ground of vicinage by the owner of any adjoining land or house (and perhaps by the owner of the site itself, supposing him to be a different pers... |
1,001 | V.K. GIRIJA Vs. RESHMA PARAYIL | Note (3) to Rule 5 of the General Rules. 15. In S. Prakash, this Court considered whether the provisions of the Special Rules, the Kerala Agricultural Income Tax and Sales Tax Service Rules, will have to yield to Note (3) to Rule 5 of the General Rules. This Court held: (SCC pp. 633-34, para 14)?14. From the aforesaid ... | 1[ds]A perusal of the26 Rule 4(2) contemplates that post of Higher Secondary School Teacher is to be filled up first?by transfer from Junior Lecturer in the subject concerned under the management / Higher Secondary School Teacher. Thus, every vacancy of Higher Secondary School Teacher has to be filled up first by the t... | 1 | 5,117 | ### Instruction:
Analyze the legal arguments presented and estimate the likelihood of the court accepting (1) or rejecting (0) the petition.
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Note (3) to Rule 5 of the General Rules. 15. In S. Prakash, this Court considered whether the provisions of the Special Rules, the Kerala Agricultural Income Tax and S... |
1,002 | Madan Mohan Mondal Vs. The State Of West Bengal | State for this delay is contained in para 8 of the counter-affidavit and it reads:".........the said representation of the detenu-petitioner could not be considered by the State earlier, inter alia, on the following grounds: (a) that the go-slow movement launched by the State Government employees sometime back caused s... | 1[ds]5. We should like to repeat what seems to us to be well settled that too leisurely a manner of dealing with the statutory provisions relating to safeguards against arbitrary or illegal orders of preventive detention requiring urgent attention, as is the case before us, is wholly inconsistent with the fundamental i... | 1 | 1,305 | ### 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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State for this delay is contained in para 8 of the counter-affidavit and it reads:".........the said representation of the detenu-petitioner cou... |
1,003 | Sri Dinesh Kumar. J. @ Dinesh J Vs. National Insurance Co. Ltd & Others | Dr. D.Y. Chandrachud, J. 1. Leave granted.2. The present appeal arises from a judgment of the High Court of Karnataka dated 13 April 2016. 3. On 18 June 2012, the appellant who was riding a motorcycle bearing registration No.KA-04/EL-4782 met with an accident with a mini lorry belonging to the Second and Third responde... | 1[ds]7. Both the tribunal, and in appeal in the High Court, have found fault with the appellant for not having produced his driving licence. The tribunal noted that the appellant had admitted in the course of histhat the road where the accident took place was a two way road and that on each side, three vehicles could p... | 1 | 1,088 | ### Instruction:
Using the case data, forecast whether the court is likely to side with (1) or against (0) the appellant/petitioner.
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Dr. D.Y. Chandrachud, J. 1. Leave granted.2. The present appeal arises from a judgment of the High Court of Karnataka dated 13 April 2016. 3. On 18 June 2012, the appellant wh... |
1,004 | Assam Match Company Limited Vs. Bijoy Lal Sen & Others | service, it is needless to state that the appellant is bound to follow the procedure laid down in Section 9-A. Item 5 of the fourth Schedule deals with "leave with wages and holiday". Therefore, prima facie, if a holiday has been fixed the management may not have power to totally cancel the same or deprive the workmen ... | 1[ds]9. In our opinion, the alteration of the date regarding the holiday for Diwali from 11th to the next day, cannot be considered to be an alteration in the conditions of service. The workmen may be entitled to have a holiday for Diwali. But on what particular day Diwali falls or it is being, observed and a holiday i... | 1 | 2,632 | ### Instruction:
Examine the details of the case proceeding and forecast if the appeal/petition stands a chance of being upheld (1) or dismissed (0).
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service, it is needless to state that the appellant is bound to follow the procedure laid down in Section 9-A. Item 5 of the fourth Schedule deals with "leave... |
1,005 | Ashoka Marketing Ltd. And Anr. Etc. Etc Vs. Punjab National Bank And Ors. Etc. Etc | the Public Premises Act would be exempted from the provisions of the Rent Con- trol Act. The actions of the companies and statutory bodies mentioned in Clauses (2) and (3) of Section 2(e) of the Public Premises Act while dealing with their properties under the Pubic Premises Act will, therefore, have to be judged by th... | 0[ds]15. Shri. Yogeshwar Prasad has pointed out that, in view of Section 3(4) of the Banks Nationalisation Act, the nationalised bank is a body corporate and not a corporation and that there is a distinction between a body corporate and a corporation inasmuch as a body corporate includes bodies, such as companies, coop... | 0 | 18,506 | ### 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.
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the Public Premises Act would be exempted from the provisions of the Rent Con- trol Act. The actions of the companies and statutory bodies mention... |
1,006 | Gobardhan Das Vs. Lachhmi Ram & Others | authority and their award cannot be allowed to stand. It cannot be doubted that the dispute between the parties related to the question whether on taking accounts between the parties the respondents 1 and 2 were liable to pay any amount to the appellant. It must be borne in mind that the appellant was claiming against ... | 1[ds]5. A preliminary objection has been taken on behalf of the respondents that the order was one of affirmance and no leave should have been granted unless the High Court certified that the appeal involves some substantial question oflaw. It may be pointed out that so far as the dismissal of the appeal against the or... | 1 | 2,140 | ### Instruction:
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authority and their award cannot be allowed to stand. It cannot be doubted that the dispute between the parties related to the question whether on taking accou... |
1,007 | Murli Industries Limited Company Registered Under The Companies Act Having & Another Vs. M/S. Western Coalfields Limited & Others | arbitrary action and commands the authority concerned to act in accordance with law. Every action of the State or its instrumentalities should neither be suggestive of discrimination, nor even apparently give an impression of bias, favouritism and nepotism. If a decision is taken without any principle or without any ru... | 1[ds]16. In the present petitions it is not in dispute that even though respondent No.1 had made an enquiry into the complaints received against the petitionercompany alleging diversion of coal for earning black money and had also demanded various documents and information from time to time during the course of the enq... | 1 | 3,129 | ### Instruction:
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arbitrary action and commands the authority concerned to act in accordance with law. Every action of the State or its instrumentalities should neither be suggestive... |
1,008 | State of Karnataka & Others Vs. M/s. Sri Chamundeswari Sugar Ltd | of sugarcane and the Government would be entitled to enforce the liability."38.4. It was also observed in the same paragraph that the State Government acted in its statutory capacity to fix the higher price of the sugarcane. 13. It is to be noted that in the State of U.P. the SAP forms part of the agreement. In the ins... | 1[ds]It is the stand of the respondent that purchase price is not defined and, therefore, the agreed price would be taken to be the purchase price.This plea is clearlythe commercial sense, a transaction of purchase is a part of a transaction of sale. A transaction of sale can never be complete unless there is a transfe... | 1 | 8,073 | ### Instruction:
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of sugarcane and the Government would be entitled to enforce the liability."38.4. It was also observed in the same paragraph that the State Government a... |
1,009 | Booz Allen and Hamilton Inc Vs. SBI Home Finance Ltd. & Others | and direct that if the mortgagor pays into court, the amount so found due, on or before such date as the court may fix (within six months from the date on which the court confirms the account taken or from the date on which the court declares the amount due), the petitioner shall deliver the documents and if necessary ... | 0[ds]14. In this case, there is no dispute that all the parties to the suit are parties to an agreement which contains the provision for settlement of disputes by arbitration. Clause (16) which provides for arbitration provides for settlement of the following disputes by arbitration : (a) disputes with respect to creat... | 0 | 8,697 | ### Instruction:
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and direct that if the mortgagor pays into court, the amount so found due, on or before such date as the court may fix (within six months from the date on which the court confirms the a... |
1,010 | Surender Singh Vs. State of Haryana & Others | by the State were concerned, the case of the State in the appeals was that the Reference Court erred in determining the market rate of the land at the rate of Rs.43,17,841/- per acre. According to the State, it was on higher side as compared to what was fixed by the LAO, i.e., Rs.12,50,000/- per acre which, in the fact... | 1[ds]31. The need to remand these cases to the Reference Court has occasioned essentially for two reasons. First, it is clear from the perusal of the impugned judgment that the High Court essentially based its decision or, we may say, proceeded to decide the appeals by making the decision of this Court in Haryana State... | 1 | 1,928 | ### 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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by the State were concerned, the case of the State in the appeals was that the Reference Court erred in determining the market rate of the land at the ... |
1,011 | G. A. Galiakotwala & Co. (P) Ltd., Madras Vs. The State Of Madras | from the judgment dated 7 November, 1972 of the High Court of Madras.2. The principal question in this appeal is whether the sales of cotton by the appellant to the mills at Tirunelveli and Karur were inter-State sales under section 3(a) of the Central Sales Tax Act called the Central Act or are second sales under Stat... | 0[ds]The High Court was correct in holding that the sale by the Bombay seller to the appellant is an inter-State sale and the sale by the appellant to the mill s is not an inter- State sale. Therefore, the State Sales Tax Authorities had jurisdiction to assess the transaction for sale by the appellant to the mills unde... | 0 | 1,092 | ### Instruction:
Given the specifics of the case proceeding, anticipate the court's ruling: will it favor (1) or oppose (0) the appellant’s request?
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from the judgment dated 7 November, 1972 of the High Court of Madras.2. The principal question in this appeal is whether the sales of cotton by the appellant t... |
1,012 | Narain Lal & Ors Vs. Sunder Lal (Dead) & Ors | me." Shortly thereafter Mangi Lal died. On March 6, 1956, Narain Lal, Mool Chand and Kesari Chand instituted a suit against the respondents under S. 92 of the Code of Civil Procedure, claiming a declaration that the temple of Shri Mahabirji at Naurangabad and the appertaining properties were a public charitable trust f... | 0[ds]In the present case, four persons obtained the necessary sanction of the Advocate-General, one of them died before the suit was filed, and remaining three instituted the suit3. The decided cases show that a suit under S. 92 must be brought by all the persons to whom the sanction of the Advocate-General has been gi... | 0 | 1,268 | ### Instruction:
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me." Shortly thereafter Mangi Lal died. On March 6, 1956, Narain Lal, Mool Chand and Kesari Chand instituted a suit against the respondents under S. 92... |
1,013 | Commissioner of Income Tax, Bihar and Orissa Vs. Ashoka Marketing Company | HEGDE J. 1. These appeals are connected with Civil Appeals Nos. 1813, 1848 and 1849 of 1967 which we disposed of on July 23, 1971. All these appeals were dealt with by a common judgment by the High Court, in references under section 66(1) of the Indian Income-tax Act, 1922. The question arising for decision in these ap... | 0[ds]As mentioned earlier in our judgment in Commissioner ofx v. Dalmia Jain & Co. Ltd. (Civil Appeals Nos. 1813, 1848 and 1849 of 1967) the finding of the Tribunal that the loss incurred is a trading loss is primarily a finding of fact, though in reaching that finding the Tribunal had to apply the test laid down by th... | 0 | 717 | ### Instruction:
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HEGDE J. 1. These appeals are connected with Civil Appeals Nos. 1813, 1848 and 1849 of 1967 which we disposed of on July 23, 1971. All these appeals were dea... |
1,014 | DUNCANS INDUSTRIES LTD Vs. A.J. AGROCHEM | Systems Act, 2007, the Limited Liability Partnership Act, 2008, and the Companies Act, 2013. 5. The Code seeks to achieve the above objectives.?? 26. The Preamble of the Code states as follows: ?An Act to consolidate and amend the laws relating to reorganisation and insolvency resolution of corporate persons, partnersh... | 0[ds]7.1 In the present case, it is true that by notification dated 28.01.2016 issued under Section 16E of the Tea Act, the Central Government authorised the Tea Board to take over the management or the control of the seven tea estates mentioned in the said notification. However, the appellant challenged the said notif... | 0 | 6,192 | ### 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.
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Systems Act, 2007, the Limited Liability Partnership Act, 2008, and the Companies Act, 2013. 5. The Code seeks to achieve the above objectives.?? ... |
1,015 | GARWARE WALL ROPERS LTD Vs. COASTAL MARINE CONSTRUCTIONS ENGINEERING LTD | always presumes that the legislature inserted every part thereof for a purpose and the legislative intention is that every part of the statute should have effect. These presumptions will have to be made in the case of rule-making authority also. On the construction suggested by the learned Attorney- General it is obvio... | 0[ds]13. A reading of the Law Commission Report, together with the Statement of Objects and Reasons, shows that the Law Commission felt that the judgments in SBP & Co. (supra) and Boghara Polyfab (supra) required a relook, as a result of which, so far as Section 11 is concerned, the Supreme Court or, as the case may be... | 0 | 14,216 | ### 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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always presumes that the legislature inserted every part thereof for a purpose and the legislative intention is that every part of the statute s... |
1,016 | THE SUPERINTENDENT OF POST OFFICES Vs. HANUMAN GIRI | in this Division (which is a reference to Banda Division as the said Notification is issued from Banda Division). Hence qualified candidates will have to go to other Divisions on availability of vacancy. It further states that no candidate will be posted in Banda Division in any circumstance. In our view the said instr... | 1[ds]8. We have extensively heard Shri Vikramjit Banerjee learned Additional Solicitor General appearing for the appellants, Shri S.D. Singh learned counsel for the respondent and perused the appeal papers including the additional documents brought on record along with an application. We have also taken note of the obj... | 1 | 2,550 | ### 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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in this Division (which is a reference to Banda Division as the said Notification is issued from Banda Division). Hence qualified candidates wil... |
1,017 | Gummanna Shetty & Ors Vs. Nagaveniamma | The object of the deed was to prevent disputes and wastage of properties and to preserve the dignity of the family. In terms, the creed did not declare that there was a complete disruption of the family. In case of a partition, a Kutumba governed by the Alivasanthana law is usually split up according to natural kavarus... | 1[ds]In 1900, when this deed was executed, one or more members of a joint family governed by the Aliyasanthana law of inheritance had no right to claim a partition of the joint family properties, but by a family arrangement entered into with the consent of all its members, the properties could be divided and separately... | 1 | 2,401 | ### 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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The object of the deed was to prevent disputes and wastage of properties and to preserve the dignity of the family. In terms, the creed did not ... |
1,018 | Jiwani Devi Paraki Vs. First Land Acquisition Collector, Calcutta and Others | the Act has been amended so far as West Bengal is concerned by the West Bengal Act 32 of 1955 with effect from 20.10.1955 and the amended sect ion 49 (1) so far as Calcutta is concerned runs thus:"Section 49 (1): The provisions of this Act shall not be put in force for the purpose of acquiring the part only of any hous... | 0[ds]The aforesaid provision suggests that even a part of a building or a house can be acquired provided the conditions mentioned and the procedure specified therein are followed and there is no absolute bar to the acquisition of a part of a house or a building as suggested by the counsel for the respondents.In view of... | 0 | 4,104 | ### Instruction:
Using the case data, forecast whether the court is likely to side with (1) or against (0) the appellant/petitioner.
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the Act has been amended so far as West Bengal is concerned by the West Bengal Act 32 of 1955 with effect from 20.10.1955 and the amended sect ion 49 (1) so far as Calcutta is... |
1,019 | RAJASTHAN STATE ROAD TRANSPORT CORP. MANAGING DIRECTOR & ANR Vs. RAMESH KUMAR SHARMA | remedy of either moving the machinery under the Act or to approach the civil court. It is plain that he can?t have both. He has to choose the one or the other. But we shall presently show that the civil court will have no jurisdiction to try and adjudicate upon an industrial dispute if it concerned enforcement of certa... | 0[ds]5. We may note that only notice was issued in the matter and no interim order was granted. Logically speaking, the suit would have been tried and decided in the meantime, if not the appeal also considering the time period which has lapsed. We are, however, informed that the suit has not even been proceeded with on... | 0 | 1,666 | ### Instruction:
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remedy of either moving the machinery under the Act or to approach the civil court. It is plain that he can?t have both. He has to choose the one or the other. But ... |
1,020 | Md. Islam & Ors Vs. The Bihar State Electricity Board & Ors | regulate the service conditions of its employees was neither ipso facto nor mutatis mutandis applicable to the employees of the respondent No.1-Electricity Board unless the same was adapted by the respondent No.1- Electricity Board. Even if adapted, it would depend on the manner and to the extent adapted. 10. With this... | 0[ds]7. At the outset, it is necessary to take note that the learned Single Judge, as also the Division Bench of the High Court has referred to the fact that respondent No.1-Electricity Board had not adapted the ACP Scheme of 2003 until the notification dated 05.04.2005 was issued. By such time most of the appellants h... | 0 | 2,423 | ### Instruction:
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regulate the service conditions of its employees was neither ipso facto nor mutatis mutandis applicable to the employees of the respondent No.1-Electricity B... |
1,021 | Crompton Greaves Limited Vs. Deputy Commissioner of Income-Tax | no claim under the head "bad debts" has been made. The claim is that the loan was in the form of intercorporate deposit which is a case of capital asset and it has been transferred. The Tribunal found that there is no evidence to show that it is a case of an intercorporate deposit because before the Assessing Officer i... | 0[ds]Suffice it to state that the authorities found that the assessee has written off the advances of the above sum and claimed the same as a capital loss to be carried forward for set off for subsequent years. The details have been noted and equally the relevant legal provisions. The Assessing Officer has referred to ... | 0 | 2,740 | ### 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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no claim under the head "bad debts" has been made. The claim is that the loan was in the form of intercorporate deposit which is a case of capit... |
1,022 | Nandram Vs. M/S Garware Polyster Ltd | Kurian Joseph, J. 1. Leave granted. 2. The appellant was employed by the respondent initially as Boiler Attendant in the year 1983 in the Company in Aurangabad. Thereafter he was promoted as Junior Supervisor in the year 1987 and worked in the Aurangabad plant only. In the year 1995, he was again promoted as Senior Sup... | 1[ds]In the background of the factual matrix, the undisputed position is that the appellant was employed by the Company in Aurangabad, he was only transferred to Pondicherry, the decision to close down the unit at Pondicherry was taken by the Company at Aurangabad and consequent upon that decision only the appellant wa... | 1 | 722 | ### Instruction:
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Kurian Joseph, J. 1. Leave granted. 2. The appellant was employed by the respondent initially as Boiler Attendant in the year 1983 in the Company in Aurangabad. Thereafter he ... |
1,023 | The State Rep.By Cbi, Hyderabad Vs. G.Prem Raj | the respondent-accused was caught and the money was recovered after the demonstration of the Sodium Carbonate solution. The cross-examination of this witness, though lengthy, is perfunctory and serves no purpose. His basic story has remained unshaken. Some insignificant contradictions as to who gave the signal were bro... | 1[ds]16. We do not find, in comparison, any reasons, much less, good reasons, having been given by the High Court for its disagreeing with the judgment of the Trial Court17. We are quite alive to the fact that unless the judgment of acquittal tends to be perverse or unless the inferences drawn in the acquitting judgmen... | 1 | 5,620 | ### 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.
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the respondent-accused was caught and the money was recovered after the demonstration of the Sodium Carbonate solution. The cross-examination of t... |
1,024 | Vicco Laboratories Vs. Art Commercia Advertising Pvt.Ltd. | upon the appreciation of evidence on record and does not give rise to any question of such importance as to be decided by this Court under Article 136 of the Constitution. It is clear from the findings recorded by the trial court and the appellate court ;1. that the respondents have not undertaken the production of the... | 0[ds]11. We have carefully considered the contentions urged on behalf of the petitioners. We are not satisfied that the petitioners have made out a case for consideration by this Court. The matter rests purely upon the appreciation of evidence on record and does not give rise to any question of such importance as to be... | 0 | 6,223 | ### Instruction:
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upon the appreciation of evidence on record and does not give rise to any question of such importance as to be decided by this Court under Article 136 of the... |
1,025 | Sohan Lal Gupta(Dead) Thr.Lrs Vs. Smt. Asha Devi Gupta | objections for setting aside the award; having regard to the various developments which took place since the passing of the award. The prayer made in the said application reads as under: "That the objections raised on behalf of Shri Ghanshyam Das Gupta, the respondent No. 7 herein may be allowed to be withdrawn in resp... | 1[ds]41. Keeping in view the statements made by Ghanshyamdas Gupta in the said interim application, we are of the opinion that at this stage, he cannot be permitted to change his advocate, particularly in view of the fact that he stuck to his earlier stand for several years.Furthermore, in this case Ghanshyamdas Gupta ... | 1 | 7,331 | ### Instruction:
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objections for setting aside the award; having regard to the various developments which took place since the passing of the award. The ... |
1,026 | KRISHAN CHANDER Vs. THE STATE OF HARYANA | taking possession was not at the spot and in that regard has relied on the decision in the case of Banda Development Authority, Banda vs. Moti Lal Agarwal and Ors. 2011 (5) SCC 394. In that background though the fact of taking possession would become relevant in a circumstance to de-notify the land in terms of Section ... | 1[ds]6. At the outset, it is necessary to take note that the writ petition was dismissed at the threshold without directing notice to the respondents and considering the grievance of the appellants in the backdrop of the contention urged. In a normal circumstance we do not find that there would be any impediment to dis... | 1 | 2,594 | ### 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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taking possession was not at the spot and in that regard has relied on the decision in the case of Banda Development Authority, Banda vs. Moti Lal Agar... |
1,027 | Amrit Banaspati Co. Ltd Vs. Union Of India And Ors | to be allowed to the legislature. The Court should feel more inclined to give judicial deference to legislative judgment in the field of economic regulation than in other areas where fundamental human rights are involved... 8. It is settled law that the allegations regarding the violation of constitutional provision sh... | 0[ds]8. It is settled law that the allegations regarding the violation of constitutional provision should be specific, clear and unambiguous and should give relevant particulars, and the burden is on the person who impeaches the law as violative of constitutional guarantee to show that the particular provision is infir... | 0 | 2,881 | ### Instruction:
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to be allowed to the legislature. The Court should feel more inclined to give judicial deference to legislative judgment in the field of economic regulation than in other areas where... |
1,028 | Vedica Procon Private Limited Vs. Balleshwar Greens Private Limited | date of the original sale was worth around Rs.6.25 crores as against the highest offer of Rs.1.3 crores of the appellant herein. Therefore, the decision of the Company Judge to reject the highest offer is perfectly justified. 44. A survey of the abovementioned judgments relied upon by the first respondent does not indi... | 1[ds]No doubt, the penultimate statement of the paragraph recognises the discretion of the Company Court either for accepting or refusing the highest bid at the auction, it also emphasizes the obligation of the Court to see that the price fixed at the auction is adequate price even though there is no irregularity or fr... | 1 | 9,094 | ### 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:
date of the original sale was worth around Rs.6.25 crores as against the highest offer of Rs.1.3 crores of the appellant herein. Therefore, the de... |
1,029 | Anand Narain Shukla Vs. State Of Madhya Pradesh | UNTWALIA, J.1. The appellant was an office Superintendent in the office of Agriculture Department. Certain charges were levelled against him. An enquiry was purported to be held. After finding him guilty of some charges, he was reverted to a lower rank. He challenged that order by filing a Writ Petition in the Madhya P... | 0[ds]We find no substance in either of the points urged on behalf of the appellant. The earlier order was quashed on the technical ground. On merits, a second enquiry could be held. It was rightly held. The order of reinstatement does not bring about any distinction in that regard. The Government had to pass that order... | 0 | 504 | ### 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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UNTWALIA, J.1. The appellant was an office Superintendent in the office of Agriculture Department. Certain charges were levelled against him. An... |
1,030 | O. Rm. M. Sp. Sv. Firm Vs. The Commissioner Of Income-Tax-Madras | only if the tax on the business was charged under the provisions of the Indian Income-tax Act, 1918. If the foreign business at Muor was not and could not have been charged under the Act and the share in the profits of the family from that foreign business was charged under S. 3 only on the receipt in British India, ca... | 1[ds]Section 9 of the 1918 Act enumerated the permissible deductions in the computation of the profits of the business. The question for determination is whether the foreign business of the assessee was at any time charged under the provisions of S. 3 of the 1918 Act. It has been found in this case that the entire inco... | 1 | 3,461 | ### Instruction:
Given the specifics of the case proceeding, anticipate the court's ruling: will it favor (1) or oppose (0) the appellant’s request?
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only if the tax on the business was charged under the provisions of the Indian Income-tax Act, 1918. If the foreign business at Muor was not and could not have... |
1,031 | M/S. Coal Handlers Pvt. Ltd Vs. Commnr. Of Central Excise, Kolkata | of sub-contractors. The nature of the carriage, the language used by the parties in describing the role of the person concerned, and any course of dealing between the parties will be relevant factors.Persons properly described as shipping and forwarding agents frequently act as carriers themselves with respect to part ... | 1[ds]6) As is clear from the reading of the aforesaid extracted portion of the order, the Tribunal has rested its impugned decision on its earlier judgment in the case of Prabhat Zarda (supra) and the reasons contained in the said judgment are restated in support of the view taken by the Tribunal in the impugnedSince t... | 1 | 4,832 | ### 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:
of sub-contractors. The nature of the carriage, the language used by the parties in describing the role of the person concerned, and any course of dealing betw... |
1,032 | Satwant Singh Vs. Malkeet Singh | Kurian Joseph, J.1. This is a case where the appellant was punished for civil contempt as defined under Section 2(b) of the Contempt of Courts Act, 1971.2. Both the learned Single Judge and the Division Bench have taken the view that once the respondent had been granted interim bail under Section 438, Cr.P.C. as per or... | 1[ds]3. We find that this addition of charge is based on a subsequent investigation on the direction issued by the Senior Superintendent of Police after disposal of the Section 438 petition by the High Court and the arrest also was carried out on his instruction. It is significant to note that when the FIR was original... | 1 | 446 | ### 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:
Kurian Joseph, J.1. This is a case where the appellant was punished for civil contempt as defined under Section 2(b) of the Contempt of Courts A... |
1,033 | M/S. Prakash Tradings Company Vs. Commissioner Of Income Tax,Gujarat | film and paper(4) textiles (including those dyed, printed or otherwise processed) made wholly or in part of jute, including jute twine and rope(5) newsprint(6) pulp - wood pulp, mechanical, chemical including dissolving pulp(7) sugar(8) vegetable oils and vanaspati(9) cement and gypsum products(10) arms and ammunition,... | 0[ds]For answering this question, we have to turn to the scheme underlying the provisions aforementioned. Sub-clauses (ii) and (iii), which provide the additional deduction, speak of the articles manufactured in "an industry specified in the First Schedule to the IDR Act", which have been exported out of India by the m... | 0 | 2,216 | ### Instruction:
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### Input:
film and paper(4) textiles (including those dyed, printed or otherwise processed) made wholly or in part of jute, including jute twine and rope(5) newsprint(6) pulp - wood pulp, mech... |
1,034 | THE KANGRA CENTRAL COOPERATIVE BANK PENSIONERS WELFARE ASSOCIATION (REGISTERED) Vs. STATE OF HIMACHAL PRADESH & ORS | final decision in the matter whether to continue the Scheme with some modifications, if required or to completely disband it or suggest alternative proposal. Such a decision be taken after affording hearing to the petitioners and also the respondentbank within four months from the production of the copy of this judgmen... | 1[ds]10. The issue concerning maintainability was considered by the Full bench and the observations made by the Full Bench summed up the law on the point quite succinctly. On the facts as found by the Single Judge, which were recorded in paragraph 19 of the judgment, without entering into any other question, in our vie... | 1 | 1,337 | ### 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:
final decision in the matter whether to continue the Scheme with some modifications, if required or to completely disband it or suggest alternativ... |
1,035 | Vithal Yeshwant Jathar Vs. Shikandarkhan Makhtumkhansardesai | for consequential relief. As has been already indicated the Collector who heard the appeal was of opinion that the order appealed against "was undoubtedly correct in the main" but still he ordered "an additional amount of rent equal to the cess to be paid." There is no suggestion in the Collectors order that in his vie... | 1[ds]12. We do not propose to investigate the question whether the High Courts earlier decision that the governments order of 1911 amounted in law to sanctioning a fresh lease operates as res judicata or not, as, quite independently of that decision, we think it proper to hold that the governments order of 1911 is not ... | 1 | 3,578 | ### Instruction:
Analyze the legal arguments presented and estimate the likelihood of the court accepting (1) or rejecting (0) the petition.
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for consequential relief. As has been already indicated the Collector who heard the appeal was of opinion that the order appealed against "was undoubtedly correct in t... |
1,036 | JAGDISH PRASAD PATEL(D) THR. LRS Vs. SHIVNATH | of DW-1-Hanuman Din. The learned senior counsel appearing for the appellants has drawn our attention to the provisions of Vindhya Pradesh Act and submitted that as per Section 5 of the said Act, the State Government by a notification appointed a date for the resumption of any class of Jagir Lands and the consequences o... | 1[ds]10. The impugned judgment of the High Court is the concurrent finding of the High Court and the first Appellate Court. We are conscious that in an appeal under Article 136 of the Constitution of India, the concurrent findings cannot be interfered with unless warranted by compelling reasons. When the finding of the... | 1 | 9,318 | ### Instruction:
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of DW-1-Hanuman Din. The learned senior counsel appearing for the appellants has drawn our attention to the provisions of Vindhya Pradesh Act and submitted that as per Section 5 of t... |
1,037 | Institute Of Chartered Accountants Of India Vs. P. K. Mukherji And Anr | be debited to the loan account bearing interest at 6 per cent p. a. with effect from the issue of the cheques. It is manifest therefore that on June 30, 1955 when respondent No. 1 signed the statement of accounts he fully knew that a loan had been granted by the trustees to the Company in violation of Rules 11 and l2 a... | 1[ds]It is the admitted position in this case that respondent No. 1 signed the statement of account for 1954 on June 30, 1955. At the time when be signed the statement be was aware that loans were granted by the trustees of the Fund to the Company in 1954 and cheques had been issued in repayment of the loan. This is ap... | 1 | 3,401 | ### Instruction:
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be debited to the loan account bearing interest at 6 per cent p. a. with effect from the issue of the cheques. It is manifest therefore that on June 30,... |
1,038 | M/S TREATY CONSTRUCTION Vs. M/S RUBY TOWER CO OP HSG. SOCIETY LTD | while issuing directions for executing the Deed of Conveyance by obtaining Completion Certificate and Occupation Certificate, also directed the appellants to pay Rs. 26,25,000/- with interest, being the amount illegally collected towards possession charges. The State Commission, however, held that there was no document... | 0[ds]6. Having heard learned counsel for the parties and having perused the material placed on record, we are satisfied that in the given set of facts and circumstances, directions by the National Commission as regards payment of a sum of Rs. 25,00,000/ by the appellants to the respondent-society calls for no interfere... | 0 | 6,419 | ### 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:
while issuing directions for executing the Deed of Conveyance by obtaining Completion Certificate and Occupation Certificate, also dire... |
1,039 | Bhaurao Shankar Lokhande & Anr Vs. State Of Maharashtra & Anr | It is not disputed that these two essential ceremonies were not performed when appellant No. 1 married Kamalbai in February 1962. There is no evidence on record to establish that the performance of these two essential ceremonies has been abrogated by the custom prevalent in their community. In fact, the prosecution led... | 1[ds]6. We are of opinion that unless the marriage which took place between appellant No. 1 and Kamlabai in February 1962 was performed in accordance with the requirements of the law applicable to a marriage between the parties, the marriage cannot be said to have been solemnized and, therefore, appellant No.1 cannot b... | 1 | 2,464 | ### 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:
It is not disputed that these two essential ceremonies were not performed when appellant No. 1 married Kamalbai in February 1962. There... |
1,040 | Bagal Kot Cement Company Vs. State of Mysore | agreement the company was in possession and custody of the goods. It was entering into contracts for sale of cement and selling it. The property in the goods was passed on to the buyers by the company. Under clause (7) it was authorised to collect sales tax both on intra-State and inter-State sales, and to discharge it... | 0[ds]In our opinion there is no substance in the appellants argument. After having realized the sales tax from the various customers and voluntarily and ex-contractu paid it as per the Return submitted it was ill-advised to take an unsustainable stand of its not being liable to pay sales tax under the Centralcannot be ... | 0 | 2,342 | ### Instruction:
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agreement the company was in possession and custody of the goods. It was entering into contracts for sale of cement and selling it. The property in the... |
1,041 | Veerappa Rachappa Saboji Vs. B.P. Dalal & Another | Judicial Magistrate by an order of the Government of Maharashtra dated 31-10-60. The appointment was initially on probation for a period of two years and it was provided that after the period of probation was over, his service would be liable to be terminated on one months notice so long as his appointment was temporar... | 1[ds]4. We do not think the High Court was right in rejecting the petition of the appellant in limine. The grounds of challenge taken by the appellant in the petition could not be said to be frivolous so as to merit summary rejection. They did require consideration, and particularly the first ground raised an issue of ... | 1 | 1,194 | ### 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:
Judicial Magistrate by an order of the Government of Maharashtra dated 31-10-60. The appointment was initially on probation for a period of two years and it w... |
1,042 | State of Bombay Vs. Mulji Jetha & Company | were issued as also the prescribed form for the sanads. We have also been taken through the contents of the sanads actually issued in these cases as well as through the concurrent findings of the first appellate court and the High Court as regards the substance of the correspondence contained in Exs. 41 to 43.11. A for... | 0[ds]It is unnecessary, however, to deal with the argument thus advanced since the appeals can be disposed of on a very short ground. For this purpose it is sufficient to notice Ss. 48, 65 and 67 as they stood prior to 1913, which admittedly applied to the present case in view of the fact that the permission was grante... | 0 | 2,615 | ### Instruction:
Using the case data, forecast whether the court is likely to side with (1) or against (0) the appellant/petitioner.
### Input:
were issued as also the prescribed form for the sanads. We have also been taken through the contents of the sanads actually issued in these cases as well as through the concur... |
1,043 | M/S. Sawant Constructions & Another Vs. Guruchhaya Co-Operative Housing Society Limited & Others | CHS Ltd. & Ors. [2013(2) ALL MR 278]. There is no dispute regarding ratio of this judgment. However, it has no application to the facts of the present case.6. On the other hand, Mr. S. G. Surana, counsel appearing on behalf of Respondent No. 1 Society submitted that the agreement in terms had made a reference to recita... | 0[ds]Learned senior counsel invited our attention to a letter dated 28.6.1991, written by the Chairman of the Society to the Petitioner, in which it was mentioned that a compound wall should be put up by the Petitioner, so that Final Plot No. 52 would be separated from the building, which was constructed on Final Plot ... | 0 | 2,188 | ### 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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CHS Ltd. & Ors. [2013(2) ALL MR 278]. There is no dispute regarding ratio of this judgment. However, it has no application to the facts of the present ... |
1,044 | Pratapray Manmohandas Vs. Bombay Bullion Association Ltd | Clearing House Committee to give an opportunity to the appellant to submit his kaplis because that was the meaning of the words "and can thereafter, if such a kapli is not submitted, the Clearing House Committee can declare him a defaulter." In other words the Committee had to give the member a locus paenitentiae and t... | 1[ds]The courts below have found that whether an opportunity had been given to the appellant or not, he had no intention of giving his kaplis. Issue No. 5 was specific on this point. That issue was "whether the appellant and his legal advisers voluntarily left the meeting after indicating that the appellant was not goi... | 1 | 2,119 | ### Instruction:
Examine the case narrative and anticipate the court's decision: will it result in an approval (1) or disapproval (0) of the appeal?
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Clearing House Committee to give an opportunity to the appellant to submit his kaplis because that was the meaning of the words "and can thereafter, if such a ... |
1,045 | Shri Durga Prasad & Another Vs. The Banaras Bank Limited | Lal thereafter transferred the house to Durga Prasad reciting in the deed that the latter was "the real owner" of the houses and that the sale deed from the Official Liquidator was obtained by him benami for Durga Prasad. On coming to learn about this conveyance, the Official Liquidator moved the High Court of Allahaba... | 0[ds]In our view this contention must succeed.3. In ILR (1958) 2 All 657: (AIR 1959 All 10 ) the Allahabad High Court held:"The words the Court immediately below within the meaning of cl. (1) of Art. 133 of the Constitution must be a Court other than the High Court. A single Judge of a High Court is not a Court subord... | 0 | 1,265 | ### 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:
Lal thereafter transferred the house to Durga Prasad reciting in the deed that the latter was "the real owner" of the houses and that the sale d... |
1,046 | RAGINI SINHA Vs. STATE OF BIHAR | 1. These appeals are directedagainstthefinal judgment and order dated 18.01.2008 passed by the High Court of Judicature at Patna in LPA No.530/1998 and order dated 18.01.2008 in LPA No.620/1998 whereby the High Court dismissed the appeals filed by the appellant herein and confirmed the orders of the Single Judge dated ... | 0[ds]In our considered opinion, no case has been made out to call for any interference in the impugned orders for more than one reason. Firstly, what is involved in this case is a pure question of fact which cannot be gone into in these appeals; Secondly, the question as to whether the two workers ever worked with the ... | 0 | 1,122 | ### Instruction:
Using the case data, forecast whether the court is likely to side with (1) or against (0) the appellant/petitioner.
### Input:
1. These appeals are directedagainstthefinal judgment and order dated 18.01.2008 passed by the High Court of Judicature at Patna in LPA No.530/1998 and order dated 18.01.2008 ... |
1,047 | Abdul Motin Vs. Manisankar Maiti and Ors | C.A. Nos. 4667-4668/2018 (@ SLP(C) Nos. 8497-8498/2015, C.A. No. 4669/2018 (@ SLP(C) No. 11708/2015 and C.A. No. 4670/2018 (@ SLP(C) No. 13663/2015Leave granted. The West Bengal College Service Commission (for short, the Commission) prepared a panel for the post of Principal of Non-Government Colleges affiliated to the... | 1[ds]8. At this stage, we might note as a matter of fact that Dr. Mani Shankar Maity who ranked third and was proposed to be appointed as Principal in pursuance of the judgments of the High Court, would have retired in January, 2018, even if he had accepted the appointment in pursuance of the said judgments of the High... | 1 | 811 | ### 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:
C.A. Nos. 4667-4668/2018 (@ SLP(C) Nos. 8497-8498/2015, C.A. No. 4669/2018 (@ SLP(C) No. 11708/2015 and C.A. No. 4670/2018 (@ SLP(C) No. 13663/2015Leav... |
1,048 | State Bank Of India Vs. Bidyut Kumar Mitra | case. In the case of S.K. Sharma (supra), this Court held that violation of any and every procedural provision can not be said to automatically vitiate the enquiry held or order passed. Except in cases falling under - "no notice", "no opportunity" and "no hearing" categories, the complaint of violation of procedural pr... | 1[ds]25. In our opinion, the Division Bench has erroneously relied on the judgment in D.C. Aggarwals case (supra). As rightly observed by the learned Single Judge, in that case this Court considered a situation where the Disciplinary Authority passed an elaborate order regarding findings against the Charge Sheet Office... | 1 | 6,049 | ### 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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case. In the case of S.K. Sharma (supra), this Court held that violation of any and every procedural provision can not be said to automatically ... |
1,049 | Kartar Singh & Another Vs. Union of India & Others | Hegde, J.1. This appeal by certificate arises from a writ petition filed by the appellant in the High Court of Punjab and Haryana. That writ petition was summarily dismissed yet it became necessary for the High Court to grant a certificate under Art. 133 (1) (a) of the Constitution as the property in dispute was worth ... | 0[ds]3. The only point urged by Mr. S. P. Sinha, the learned Counsel for the appellant was that the respondent was estopped from contending that the appellant had no right in those properties in view of S. 41 of the Transfer of Property Act. Apart from the fact that this is a prima facie untenable plea, the same has no... | 0 | 555 | ### Instruction:
Analyze the legal arguments presented and estimate the likelihood of the court accepting (1) or rejecting (0) the petition.
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Hegde, J.1. This appeal by certificate arises from a writ petition filed by the appellant in the High Court of Punjab and Haryana. That writ petition was summarily dis... |
1,050 | V.R. Sadagopa Naidu (decreased) and after him his legal representatives & Others Vs. Bakthavatsalam & Another | under the existing law. The validity of the Act itself appears to have been challenged before the Trial Court, but, this was rejected. In the result, the Trial Court passed a preliminary decree for partition providing for allotment to the plaintiff of 1/8th share of the property set out in the plaint. Some other direct... | 0[ds]9. We cannot agree. In our opinion, the use of the words "the issue of no such marriage shall be illegitimate" was not really necessary in S. 1 of the Hindu Widows Re-marriage Act, and even without these words the effect of a marriage being valid would necessarily have been that the issue of the marriage was legit... | 0 | 1,344 | ### Instruction:
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under the existing law. The validity of the Act itself appears to have been challenged before the Trial Court, but, this was rejected. In the result, the Trial... |
1,051 | Lala Kapurchand Godha & Others Vs. Mir Nawab Himayatalikhan Azamjah | effectual only if authorised or ratified by the debtor. In India, however, the words of S. 41 of the Contract Act leave no room for doubt, and when the appellants have accepted performance of the promise from a third person, they cannot afterwards enforce it against the promisor, namely, the respondent.9. When a statut... | 0[ds]We may here state that no plea was raised by the appellants to the effect that the endorsements on the promissory notes had been obtained by coercion, and no issue was struck between the parties as to the endorsements on the promissory notes having been obtained by coercion. That being the position, what is the ef... | 0 | 4,282 | ### 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:
effectual only if authorised or ratified by the debtor. In India, however, the words of S. 41 of the Contract Act leave no room for doubt, and whe... |
1,052 | M/S MAYAVTI TRADING PVT. LTD Vs. PRADYUAT BED MURMAN | also apply to sections 8 and 45 of the Act – since the scope and nature of judicial intervention should not change upon whether a party (intending to defeat the arbitration agreement) refuses to appoint an arbitrator in terms of the arbitration agreement, or moves a proceeding before a judicial authority in the face of... | 1[ds]Section 3 of the amendment Act of 2019 insofar as it pertains to this omission has not yet been brought into force. The omission is pursuant to a High Level Committee Review regarding institutionalization of arbitration in India, headed by Justice B. N. Srikrishna. The Report given by this Committee is dated 30 th... | 1 | 4,746 | ### 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:
also apply to sections 8 and 45 of the Act – since the scope and nature of judicial intervention should not change upon whether a party (intending to defeat th... |
1,053 | Suresh Dhanuka Vs. Sunita Mohapatra | the negative covenant contained in the Deed of Assignment, was contrary to the provisions of Section 27 of the Indian Contract Act, 1872, or not, we are inclined to accept Mr. Ghoshs submissions that the injunction sought for by the Appellant was not to restrain the Respondent from carrying on trade or business, but fr... | 1[ds]31. As far as the first two questions are concerned, the terms of the Deed of Assignment clearly indicate that the Respondent had of her own volition parted with 50% of her right, title and interest in the Trade Mark Naturoma Herbal with proportional goodwill of the business concerning the goods in respect of whic... | 1 | 6,620 | ### Instruction:
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### Input:
the negative covenant contained in the Deed of Assignment, was contrary to the provisions of Section 27 of the Indian Contract Act, 1872, or not, we are inclined to accept Mr. Ghoshs... |
1,054 | M/s. Karfule Private Limited and Another Vs. State of Maharashtra and Others | (India) Ltd., (5) Indo-Burma Petroleum Company Ltd. The petitioners pay sales tax at this stage itself to the above corporations and these corporations then deposit the sales tax in the treasury of the Government. The basic claim raised by the petitioners is that there is always some leakage and evaporation in the moto... | 0[ds]So far as the provisions of rule 15(3) are concerned, which allow the refund in case the motor spirit is stored in the storage installation belonging to a trader who sells it is perfectly in order and does not suffer from any illegality inasmuch as the motor spirit still remains in the storage installed by the tra... | 0 | 1,718 | ### 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:
(India) Ltd., (5) Indo-Burma Petroleum Company Ltd. The petitioners pay sales tax at this stage itself to the above corporations and these corporations... |
1,055 | Mahadeo Prasad Singh & Anr Vs. Ram Lochan & Ors | terms while the conditions and limitations under which alone the respective mode s can be availed of are prescribed further on by different provisions". (See.... I.R. Commentaries Vol. I, 9th Edn. p. 863). The opening words of the Section "Subject to such conditions and limitations as may be prescribed" put it beyond d... | 0[ds]In the instant case, the decree was transferred under clause (d) of sub-section (1) of Section 39. Unlike the other clauses (a) to (c) of the sub-section, it seems that under clause (d), the Court has a rational discretion to transfer or not to transfer th e decree passed by it. This is apparent from the word "may... | 0 | 4,878 | ### Instruction:
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terms while the conditions and limitations under which alone the respective mode s can be availed of are prescribed further on by different provisions". (See.... I.R. Commentaries Vo... |
1,056 | M/s Mitra S.P. (P) Ltd. & Anr Vs. Dhiren Kumar | or else disciplinary action would be initiated against the workman. Thereafter, the workman was placed under suspension. Domestic enquiry was ordered. The enquiry proceeded exparte. Subsequently, the management dismissed the workman from service w.e.f. 15.09.1998. Aggrieved by the dismissal order, the workman filed I.D... | 1[ds]4. From the judgment and order passed by the learned Single Judge, it appears that what was challenged before the learned Single Judge was the order passed by the Labour Court rejecting the application under Section 33(C)(2) of the Industrial Disputes Act, 1947 preferred by the workman as well as the original awar... | 1 | 1,383 | ### Instruction:
Analyze the legal arguments presented and estimate the likelihood of the court accepting (1) or rejecting (0) the petition.
### Input:
or else disciplinary action would be initiated against the workman. Thereafter, the workman was placed under suspension. Domestic enquiry was ordered. The enquiry proc... |
1,057 | Sinha Govindji Vs. Deputy Chief Controller Ofimports and Exports and Others | made on August 3, 1960. The argument on behalf of the respondents is that the provisions of cl. 10 of the Imports (Control) Order, 1955, have been sufficiently complied with by reason of what was stated in the letter of July 2, 1960.6. On a careful consideration of the facts and circumstances as stated in the affidavit... | 1[ds]On a careful consideration of the facts and circumstances as stated in the affidavits of the parties we have come to the conclusion that the petitioner has had no reasonable opportunity of being heard before the cancellation orders were made on August 3, 1960. The cancellation orders are, therefore, bad and must b... | 1 | 3,010 | ### Instruction:
Examine the case narrative and anticipate the court's decision: will it result in an approval (1) or disapproval (0) of the appeal?
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made on August 3, 1960. The argument on behalf of the respondents is that the provisions of cl. 10 of the Imports (Control) Order, 1955, have been sufficiently... |
1,058 | D. N. Sanghavi & Sons Vs. Ambalal Tribhuwan Das | 13 (3) (vi) (c) of the C. P. and Berar Letting of Houses and Rent Control Order, 1947. The Nagpur High Court confined itself to that single phrase and did not refer to the object and setting of the Order. In our case the conditions of Section 12 (1) (f), as construed by us, are apparently different from those of clause... | 1[ds]2. It is evident from this passage that the High Court, like the appeal court, has overlooked the words of Section 12 (1) (f) in arriving at its conclusion. The High Court considered that it is an elementary proposition of law that a partnership business is the business of cach and every partner so that it will be... | 1 | 4,708 | ### 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:
13 (3) (vi) (c) of the C. P. and Berar Letting of Houses and Rent Control Order, 1947. The Nagpur High Court confined itself to that single phrase and ... |
1,059 | M/S. Associated Cement Companies Ltd Vs. Comnr. Of Customs | not be applicable. In Vazir Sultan and Wallace Flour Mills cases (supra), this Court considered the definition of "exciable goods" in Section 2(d) of the Central Excise Act, 1944 which was as follows : "Excisable goods means goods specified in the [the First Schedule and the Second Schedule] to the Central Excise Tarif... | 1[ds]48. The above view, in our view, appears to be logical and also in consonance with the Customs Act. Similarly in (3d Cir 1991) it was contended before the Court in United States that software referred to in the agreement between the parties was a "product" and not a "good" but intellectual property outside the amb... | 1 | 16,169 | ### Instruction:
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### Input:
not be applicable. In Vazir Sultan and Wallace Flour Mills cases (supra), this Court considered the definition of "exciable goods" in Section 2(d) of th... |
1,060 | HAMID ALI KHAN (D) THROUGH LRS. & ANR Vs. STATE OF U.P. & ORS | these survey were sold for residential house. Being contiguous with the scheme area, these lands were projected as required on preparing an amended proposal. However, in the communication dated 06.10.2006 issued by the third respondent he refers to requirement of clean environment and therefore a cattle market of the a... | 1[ds]10. In Narayan Govind Gavate and Others v. State of Maharashtra and Others (1977) 1 SCC 133 , a Bench of 3 learned Judges was dealing with a notification issued under Section 17(4). The public purpose recited in the notification was development and utilisation of the land as a residential and industrial area. The... | 1 | 14,091 | ### Instruction:
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### Input:
these survey were sold for residential house. Being contiguous with the scheme area, these lands were projected as required on preparing an amended proposal. However, in the communic... |
1,061 | Ram Singh Vs. Sonia | for a motive which evinces total depravity and meanness. For instance when (a) hired assassin commits murder for the sake of money or reward or (b) a cold-blooded murder is committed with a deliberate design in order to inherit property or to gain control over property of a ward or a person under the control of the mur... | 0[ds]14. Whether one is or is not in police custody could be discerned from the facts and circumstances obtaining in each case. Insofar as the case at hand is concerned, the police party reached the place of occurrence within 10 minutes of lodgment of the FIR and PW.25, being aware of the fact thathad consumed poison a... | 0 | 15,049 | ### Instruction:
Analyze the case proceeding and predict whether the appeal/petition will be accepted (1) or rejected (0).
### Input:
for a motive which evinces total depravity and meanness. For instance when (a) hired assassin commits murder for the sake of money or reward or (b) a cold-blooded murder is committed wi... |
1,062 | Abdul Hamid Vs. VII Additional Dist. and Sessions Judge, Kanpur and Others | BHAGWATI, J. 1. This appeal arises out of an application for release of premises made by respondents Nos. 4 to 6 under Section 21 (1) of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act 13 of 1972. The application was made against one Ahmad Hasan who was admittedly the tenant in respect of the premi... | 1[ds]2. It is not necessary to go into the various questions which arise in this appeal and which raise highly controversial issue of fact, because it has been agreed between thed we must state that the attitude taken by respondents Nos. 4 to 6 is very fair and justthat the order of release passed by the Prescribed Aut... | 1 | 628 | ### Instruction:
Using the case data, forecast whether the court is likely to side with (1) or against (0) the appellant/petitioner.
### Input:
BHAGWATI, J. 1. This appeal arises out of an application for release of premises made by respondents Nos. 4 to 6 under Section 21 (1) of U. P. Urban Buildings (Regulation of L... |
1,063 | BANSIDHAR SHARMA (SINCE DECEASED) REPRESENTED BY HIS LEGAL REPRESENTATIVE Vs. THE STATE OF RAJASTHAN | appeal is dismissed, but in the circumstances without costs. 16. It has been further considered by other coordinate Bench of this Court in the recent past in Murti Bhawani Mata Mandir Rep. Through Pujari Ganeshi Lal(D ) Through LR Kailash Vs. Rajesh & Ors. 2 as under:- 2 2019(3) SCC 707 Section 144 applies to a situati... | 0[ds]17. It clearly transpires that Section 144 applies to a situation where a decree or order is varied or reversed in appeal, revision or any other proceeding or is set aside or modified in any suit instituted for the purpose. The principle of doctrine of restitution is that on the reversal of a decree, the law impos... | 0 | 3,576 | ### Instruction:
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appeal is dismissed, but in the circumstances without costs. 16. It has been further considered by other coordinate Bench of this Court in the r... |
1,064 | B.V. Patankar & Others Vs. C.G. Sastry | the House Rent Control Order of 1948 stood repealed must be repelled as unsound and cannot be sustained, because it was an existing law which was saved by Art. 372 of the Constitution and remained unaffected by Art. 254. The Punjab High Court in Tilakram Rambaksh v. Bank of Patiala, AIR 1959 Punj 440 at p. 447 discussi... | 0[ds]To test the force of this argument it is necessary to examine the provisions of Part B States (Laws) Act and how and when as a consequence of it the Transfer of Property Act became effective and operative in the State of Mysore. Section 3 of that Act deals with the extension and amendment of certain Acts and Ordin... | 0 | 2,620 | ### 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 House Rent Control Order of 1948 stood repealed must be repelled as unsound and cannot be sustained, because it was an existing law which was ... |
1,065 | UNION OF INDIA & ORS Vs. GOPALDAS BHAGWAN DAS & ORS | who appeared on behalf of the State, was not directly answered in Kulsum R. Nadiadwalas case inasmuch as, according to the Division Bench of this Court in Kulsum R. Nadiadwalas case, a mandatory condition of a section 4 notification not being adhered to, would amount to there being no acquisition at all in the eye of l... | 0[ds]8. Though this Court has, by its order dated 27.03.2018, referred this case to a larger Bench in view of the decision in Kulsum R. Nadiadwalas case that delay and laches have to be ignored, we are of the view that on the facts of this case, we need not answer this question. This is for the reason that the section ... | 0 | 3,059 | ### Instruction:
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who appeared on behalf of the State, was not directly answered in Kulsum R. Nadiadwalas case inasmuch as, according to the Division Bench of this Court in Kulsum R. Nadiadwalas case,... |
1,066 | THE STATE OF ANDHRA PRADESH Vs. B. RANGA REDDY (D) BY L.R | on the judgment in Ashok Nagar Welfare Association is not relevant for the present case as question examined was the scope of interference in the Special Leave Petition. That was a case whether an ex parte decree granted in two suits by the trial court was set aside in appeal. The Special Leave Petition was directed ag... | 1[ds]12) The High Court referred to various judgments in respect of applicability of the principle of res judicata, therefore, non-filing of the appeal by the State in the other two suits operates as res judicata. The High Court referred to a judgment of this Court in Sheodan Singh wherein, this Court held that once a ... | 1 | 11,252 | ### Instruction:
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on the judgment in Ashok Nagar Welfare Association is not relevant for the present case as question examined was the scope of interference in th... |
1,067 | CHAIRMAN AND MANAGING DIRECTOR THE FERTILIZERS AND CHEMICALS TRANVANCORE LTD Vs. GENERAL SECRETARY FACT EMPLOYEES ASSOCIATION | Khadi & Village Industries Board vs. P. Kulothangan & Anr., (2004) 1 SCC 68. In this case also, this Court again examined the question as to whether the principle of res judicata including the principles of constructive res judicata applies to the industrial adjudication or not. Though this Court did not notice the law... | 1[ds]22. Having heard the learned counsel for the parties and on perusal of the record of the case including the written submissions, we are inclined to allow these appeals and while setting aside the impugned order restore the awards dated 02.07.2008 and 02.08.2008 of the Labour Court.In our considered view, the quest... | 1 | 3,360 | ### Instruction:
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Khadi & Village Industries Board vs. P. Kulothangan & Anr., (2004) 1 SCC 68. In this case also, this Court again examined the question as to whether the princi... |
1,068 | M/S. SAI BABA SALES PVT. LTD Vs. UNION OF INDIA & ORS | fourth building, 40 out of the 64 apartments have already been sold. In this context, it would be appropriate to advert to the submission of Ms. Aishwarya Bhati, the learned ASG who had clearly stated that at the relevant time, the competent authority to grant EC is the PCMC and not the SEIAA and therefore the internal... | 1[ds]15. The picture which emerges from the above discussion is that when the Project Proponent initially wanted to apply for the EC it had obtained the requisite layout sanction for applying to the SEIAA. As such, it was operating well within the applicable procedure, prior to the amendment. After grant of such sancti... | 1 | 3,288 | ### 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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fourth building, 40 out of the 64 apartments have already been sold. In this context, it would be appropriate to advert to the submission of Ms.... |
1,069 | Probhudas Morarjee Rajkotia & Ors Vs. Union Of India & Ors | respondents to grant to the petitioners import licences for the balance of Rs. 62,337 in accordance with the provisions of the Special Exports Promotion Scheme. Cause has been shown by the Attorney-General on behalf of the respondents to whom notice of rule was ordered to be given. 6. On behalf of the petitioners it wa... | 1[ds]The legal proposition for which the petitioners contend is undoubtedly correct. The Licensing Authority would normally issue an import licence upto the monetary extent prescribed but, having regard to the special considerations such as difficult foreign exchange position or other matters which have a bearing on th... | 1 | 2,181 | ### Instruction:
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### Input:
respondents to grant to the petitioners import licences for the balance of Rs. 62,337 in accordance with the provisions of the Special Exports Promotion Schem... |
1,070 | Caltex (India) Ltd Vs. E. Fernandez | would be readily granted but that otherwise the application would be entirely rejected. The appellants who were acting bona fide in the interests of public security and safety as well as in the interests of the whole petroleum industry and the safety of life and property for which it was necessary to maintain disciplin... | 1[ds]We have clearly laid down there that the Industrial Tribunal has no jurisdiction while entertaining an application under S.33 of the Industrial Disputes Act, 1947 to consider whether the punishment sought to be meted out by the employer to the workman is harsh or excessive.The measure of punishment to be so meted ... | 1 | 1,581 | ### Instruction:
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would be readily granted but that otherwise the application would be entirely rejected. The appellants who were acting bona fide in the interests of public security and safety as well a... |
1,071 | Chhabildas Tribhuvandas Shah and Others Vs. Commissioner of Income Tax, West Bengal | application on the ground that their conclusions in the order were essentially findings of fact and based on adequate and proper material on record and did not give rise to any question of lawThe assessee applied to the High Court, under section 66(2) of the Indian Income-tax Act, but the High Court, by its order dated... | 0[ds]In our view this decision has no application to the facts of thisThe Appellate Tribunal has given two reasons for its conclusions. The first reason is that the appellant was doing business in the main on wholesaler basis and there should have been no difficulty in tallying quantities in respect of major items of t... | 0 | 1,795 | ### Instruction:
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application on the ground that their conclusions in the order were essentially findings of fact and based on adequate and proper material on record and did not give ri... |
1,072 | Forasol Vs. Oil & Natural Gas Commission (And Vice Versa) | the said award as binding and conclusive. As mentioned above, this omission on the part of the umpire could have been corrected by the Delhi High Court when it came to pronounce judgment according to the said award and pass the said decree in terms thereof. The decree passed in terms of the said award, however, does no... | 1[ds]In the type of cases we are concerned with here, just as the courts have power to make a decree for a sum of money expressed in a foreign currency subject to the limitations and conditions we have set out above, the arbitrators or umpire have the power to make an award for a sum of money expressed in a foreign cur... | 1 | 29,442 | ### Instruction:
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the said award as binding and conclusive. As mentioned above, this omission on the part of the umpire could have been corrected by the Delhi High Court when ... |
1,073 | Bank Of Bihar Ltd Vs. Damodar Prasad & Anr | only after having exhausted its remedies against defendant No. 1". The plaintiff filed an appeal challenging the legality and propriety of this direction. The High Court dismissed the appeal. The plaintiff has filed the present appeal after obtaining a certificate.2. The guarantee bond in favour of the plaintiff bank i... | 1[ds]6. It is now suggested that under Order 20, Rule 11 (1) and Section 151 of theCode of Civil Procedure the Court passing the decree had the power to impose the condition that the judgment creditor would not be at liberty to enforce the decree against the surety until the creditor has exhausted his remedies against ... | 1 | 1,243 | ### Instruction:
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only after having exhausted its remedies against defendant No. 1". The plaintiff filed an appeal challenging the legality and propriety of this direction. The High Court dismi... |
1,074 | Ranjit Kumar Bose Vs. Anannya Chowdhury | it follows that arbitration agreements between parties whose rights are regulated by the Bombay Rent Act cannot be recognized by a court of law. This decision in Natraj Studios (P) Ltd. v. Navrang Studios & Anr. (supra) supports our conclusion that the arbitration agreement between the landlord and tenant has to give w... | 1[ds]8. In this case, there is an arbitration agreement in clause 15 of the tenancy agreement, which provides that any dispute regarding the contents or construction of the tenancy agreement or dispute arising out of the tenancy agreement shall be settled by arbitration in accordance with the provisions of the 1996 Act... | 1 | 3,233 | ### Instruction:
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it follows that arbitration agreements between parties whose rights are regulated by the Bombay Rent Act cannot be recognized by a court of law. This decision in Na... |
1,075 | Hindustan Aeronautics Ltd Vs. The Workmen And Ors | instant case, which the Government alone was entitled to carry on to the exclusion of the private operators. The distinction so made is of no consequence and does not affect the ratio of the case in the least.We may also add that by amendments made in the definition of "appropriate Government" in Section 2 (a) (i) fror... | 1[ds]. Desai made a futile and unsubstantial attempt to distinguish the case of Heavy Engineering Mazdoor Union, (AIR 1970 SC 82 Lab IC 212) on the ground that that was the case of a Government Company carrying on an industry where Private Sector Undertakings were alsooperating. It was not an industry, as in the insta... | 1 | 2,078 | ### Instruction:
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instant case, which the Government alone was entitled to carry on to the exclusion of the private operators. The distinction so made is of no co... |
1,076 | Kylasa Sarabhiah, Bombay Cloth Shop,Secunderabad Vs. Commissioner Of Income-Tax, Andhra Pradesh | business carried on by all or any of them acting for all. A firm is strictly not a person, it is an association of persons, and an agreement by which a firm purports to enter into a partnership with an individual or another firm merely makes the partners of that firm individually partners of the larger partnership. The... | 1[ds]4. Registration of the firm may be obtained on an application to thex Officer on behalf of any firm, if the firm be lawfully constituted under an instrument of partnership which specifies, the individual shares of partners and thex Officer is satisfied that there is or was a genuine firm in existence as shown in t... | 1 | 1,904 | ### Instruction:
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business carried on by all or any of them acting for all. A firm is strictly not a person, it is an association of persons, and an agreement by which a firm ... |
1,077 | Ashok Sadarangani & Another Vs. Union of India & Others | case and Manoj Sharmas case (supra) came to be considered, the Bench comprised of two Judges, was of the view that the said decisions required reconsideration and directed that the matter be placed before a larger Bench to consider the correctness of the said three decisions. Shri Jain urged that as the same issue whic... | 1[ds]17. Having carefully considered the facts and circumstances of the case, as also the law relating to the continuance of criminal cases where the complainant and the accused had settled their differences and had arrived at an amicable arrangement, we see no reason to differ with the views that had been taken in Nik... | 1 | 3,956 | ### Instruction:
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case and Manoj Sharmas case (supra) came to be considered, the Bench comprised of two Judges, was of the view that the said decisions required reconsideration... |
1,078 | The Newspapers Ltd Vs. The State Industrial Tribunal, U.P | award on the ground that no industrial dispute existed and that there was no material before the Government on the basis of which it could make a reference. It was held that the dispute as to single workman was not an industrial dispute. AIR 1951 Mad 616 (L) was followed in Manager, United Commercial Bank Ltd. v. Commi... | 1[ds]21. In our opinion therefore Rr. 4,5 and 15 of the Rules cannot be a valid foundation for sustaining the argument raised that an individual dispute was within the definition of industrial dispute. Ordinarily, an award of a tribunal binds or affects the rights of parties to the proceedings but awards of Industrial ... | 1 | 5,378 | ### Instruction:
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award on the ground that no industrial dispute existed and that there was no material before the Government on the basis of which it could make a refere... |
1,079 | Income Tax Officer, Bangalore Vs. M/S. Induflex Products (P) Ltd | where the export out of India is of goods or merchandise manufactured or processed by the assessee and of trading goods, the profits derived from such export shall,-(i) in respect of the goods or merchandise manufactured or processed by the assessee, be the amount which bears to the adjusted profits of the business, th... | 1[ds]4. The aforementioned provision was brought in the statute book for the purpose of providing incentive to export houses but the same would not mean that even if the assessee incurs a loss instead of profit, he would be entitled to the benefit thereof.5. From a perusal of the aforementioned provision, it is evident... | 1 | 1,855 | ### Instruction:
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where the export out of India is of goods or merchandise manufactured or processed by the assessee and of trading goods, the profits derived from such export shall,-(i) in respect of th... |
1,080 | Madhi Vs. Mahanbai & Others | 1. This appeal abates. The material facts are these. The two respondents as joint plaintiffs filed a suit for possession of the suit property. Their suit was decreed as prayed for. A joint decree in their favour was passed by the Trial Court. The appellant appealed against the decree. The first appellate court reversed... | 0[ds]During the pendency of the appeal in this court one of the plaintiffs who was a joint decree holder, as mentioned earlier, died some time in 1968 but the appellant failed to bring her legal representatives on record. We are informed that when this appeal came up for hearing before this court in December, 1970 the ... | 0 | 264 | ### Instruction:
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1. This appeal abates. The material facts are these. The two respondents as joint plaintiffs filed a suit for possession of the suit property. The... |
1,081 | Shri Vijay Baburao Thakar & Others Vs. State of Maharashtra & Others | various roads within the Pimpri Pune and consequently many routes were common, as result of which the expenditure for these common routes which was incurred by PMT and PCMT were simultaneously incurred by both these undertakings. Both the transport undertakings were incurring financial deficit which in turn affected th... | 0[ds]6. In our view, the submissions made by the Learned Counsel appearing on behalf of the Petitioners cannot be accepted. It is an admitted position that both PMT and PCMT were separate transport undertakings. PMT which is a transport undertaking of Pune Municipal Corporation was started in March, 1950 and transport ... | 0 | 1,902 | ### Instruction:
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various roads within the Pimpri Pune and consequently many routes were common, as result of which the expenditure for these common routes which was incurred by PMT and... |
1,082 | Vinayak Shivajirao Pol Vs. State Of Maharashtra | is no evidence of the strangling of the deceased by the appellant. There is no merit in this contention. Even if there had been any mark of strangling, the same would not be visible as the neck was cut. The body was found in such highly de-composed condition, it would not have been possible at all for the doctor, who c... | 1[ds]12. In the present case apart from the statement of recovery there is a clinching circumstance against the appellant. That is, the head of the deceased wife was recovered from @page-SC1099 another well situated in the land of another person and the said recovery was made at the instance of the appellant. The said ... | 1 | 3,699 | ### Instruction:
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is no evidence of the strangling of the deceased by the appellant. There is no merit in this contention. Even if there had been any mark of strangling, the same wou... |
1,083 | Moolchand Gupta Vs. Jagannath Gupta and Company Private Limited | Company has been continuously incurring losses and thus the substratum of the Company has disappeared. The Company had never declared any dividends and is continuously incurring losses. The affairs of the Company are conducted in a manner oppressive to the appellant. 11. On September 4, 1967, the respondent filed a Com... | 1[ds]16. After hearing the learned counsel on both sides, we are of opinion that the High Court was in error in making the stay order it did. for the appellant has taken us through the correspondence annexed to the petition for winding up. It is evident therefrom that although the Registrar and/or the Company Law Board... | 1 | 2,212 | ### Instruction:
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Company has been continuously incurring losses and thus the substratum of the Company has disappeared. The Company had never declared any dividends and is continuously incurring losses.... |
1,084 | Mohd. Illahamuddin & Others Vs. Bhivasan & Another | them personally, he shall not lease them out to anyone save the respondents. But it appears that in the year 1962, the landholder put those lands in the possession of appellants Nos. 2 to 5 under agreement to sell the same to them. Thereafter the tenants moved the aforementioned application under Section 32 for possess... | 1[ds]5. The tenants did not mention in their petition that the landholder had terminated their tenancy under Section 44, nor did they plead therein that they were entitled to the possession of the properties on the ground that the landholder had contravened S. 45. Their application not only does not refer to Ss. 44 to ... | 1 | 1,307 | ### Instruction:
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them personally, he shall not lease them out to anyone save the respondents. But it appears that in the year 1962, the landholder put those lands in the possession ... |
1,085 | M/S Jain Studios Limited Through Its President Vs. Shin Satellite Public Co. Ltd | tribunal and provides that if the parties had not previously agreed to the number of arbitrators and if within fifteen days after the receipt by the respondent of the notice of arbitration, the parties had not agreed that there should be only one arbitrator, three arbitrators should be appointed. According to the appli... | 1[ds]So far as the maintainability of review petition is concerned, in my opinion, the preliminary objection raised by the learned counsel for the respondent is not well-founded. In Patel Engineering Ltd., this Court by majority of 6:1 held the function performed by the Chief Justice of a High Court or his nominee or b... | 1 | 1,378 | ### Instruction:
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tribunal and provides that if the parties had not previously agreed to the number of arbitrators and if within fifteen days after the receipt by the respondent... |
1,086 | THE STATE OF HARYANA Vs. SANDEEP SINGH | Supplied)*** *** ***chart15. We find that the High Court has taken a simplistic view on the bare reading of Rule 9 (5) of 2012 Rules to hold that with the commencement of 2012 Rules, the C&V Teachers become part of TGT Cadre and as part of the TGT Cadre, they become entitled for promotion to the post of Elementary Scho... | 1[ds]15. We find that the High Court has taken a simplistic view on the bare reading of Rule 9 (5) of 2012 Rules to hold that with the commencement of 2012 Rules, the C&V Teachers become part of TGT Cadre and as part of the TGT Cadre, they become entitled for promotion to the post of Elementary School Headmaster from t... | 1 | 3,425 | ### Instruction:
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Supplied)*** *** ***chart15. We find that the High Court has taken a simplistic view on the bare reading of Rule 9 (5) of 2012 Rules to hold that with the comm... |
1,087 | Oil India Ltd Vs. The Superintendent Of Taxes & Others | refinery at Barauni treating the supply as intrastate sales. For the period ending 30 September, 1964, the petitioner company sold crude oil worth Rs. 49,26,813.06 to the refinery at Barauni and the same was subjected to sales tax under the Bihar Sales Tax Act, In the year 1966, sales tax authorities in Assam issued no... | 1[ds]Clause 12 of the agreement dated 14-11958 provides that the petitioner shall arrange for the construction of pipeline or such other related facilities as the company shall consider necessary for the transport of crude oil to be produced by it to the refinery at Barauni. This would indicate that the construction of... | 1 | 1,577 | ### Instruction:
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refinery at Barauni treating the supply as intrastate sales. For the period ending 30 September, 1964, the petitioner company sold crude oil worth Rs. 49,26,813.06 to the refinery at Ba... |
1,088 | J. Mohapatra and Company and Another Vs. State of Orissa and Another | the High Court was, not only in respect of the books selected and purchased for those years but also with respect to the books selected and to be purchased from the Central Government grant because these books have also by now been purchased and distributed among the various school and college libraries. All that we ca... | 1[ds]It would, therefore, be unfair to prohibit p ublishers from submitting books for selection merely because they had at one time published a book written by one of the members of the committee or sub-committee concerned with the selection of books The number of publishers is large but good publishers are few and suc... | 1 | 5,116 | ### Instruction:
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the High Court was, not only in respect of the books selected and purchased for those years but also with respect to the books selected and to be purcha... |
1,089 | Commissioner of Customs, Pune Vs. M/s Ballarpur Industries Ltd | Schedule to the Customs Traffic Act 1975, originated in, or exported from, Korea R.P. are chargeable to Anti-dumping Duty @ US $ 0.0689 per Kg. In view of the fact that the goods covered under five Bills of Entry referred as above ·are found as STYRENE BUTADlENE RUBBER of 1900 series as confirmed by IRMRA Test Report d... | 1[ds]11. In the present proceedings, there is no dispute about the position that the product under consideration of the Designated Authority was SBR of 1500, 1700 and 1900 series falling under CTH 4002.19 of the Customs Tariff Act 1975 but not goods covered by the CTH 40021100. The Tribunal, as is evident from the two ... | 1 | 3,694 | ### Instruction:
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Schedule to the Customs Traffic Act 1975, originated in, or exported from, Korea R.P. are chargeable to Anti-dumping Duty @ US $ 0.0689 per Kg. In view of the fact that the goods cov... |
1,090 | Commissioner Of Income-Tax, Ahmedabad Vs. A. Abdul Rahim & Co., Baroda | is a mere trustee of the real owner and he has no beneficial interest in the property or the business of the real owner. But in law, just as in the case of a trustee, he can also enter into a partnership with others.10. If so, what is the principle of law which prohibits the benamidar of a partner from being also a par... | 1[ds]6. In the present case the partnership was found to be a genuine one. All the formalities prescribed by the rules have been complied with. The individual shares of the partners as shown in the Instrument of Partnership have been specified in the application. Therefore, unless there is some legal impediment in the ... | 1 | 3,534 | ### Instruction:
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is a mere trustee of the real owner and he has no beneficial interest in the property or the business of the real owner. But in law, just as in the case of a t... |
1,091 | Tata Consulting Engineers Vs. Workmen Employed and Vice-Versa | Rs. 7, 64, 256/-. The statement then goes on to indicate that if a flat increase of Rs. 75/-per month were given to individual workmen of a ll categories the total increase would be Rs. 5, 78, 220/-. Again, if the flat increase is Rs. 65/- per month to the individual workmen of all categories, the additional load would... | 1[ds]In its order of 22nd December, 1978, the Tribunal has referred to the statement (Exhibit C-51) filed by the appellant when called upon to indicate the increased financial burden apprehended by it. The Tribunal has relied on this statement as evidence showing that the appellant knew that a flat increase of Rs. 150/... | 1 | 5,069 | ### 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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Rs. 7, 64, 256/-. The statement then goes on to indicate that if a flat increase of Rs. 75/-per month were given to individual workmen of a ll c... |
1,092 | M/s. Ramchand Jagadish Chand Vs. Union of India & Others | was exported, substantially exceeded the rate of Rs. 1.50 nP. per yard of 36" width. In the circumstances, we would not be justified in assuming that the Committee made an arbitrary decision in arriving at the value of the bush shirt cloth exported for the purpose of recommending the grant of import licence.15. The con... | 0[ds]authority to grant or refuse to gram licences is conferred upon high officers of the State and the grant of licences is governed by the Import Trade Control Policy which is issued from time to time and detailed provisions are made in the Imports (Control) Order setting out the grounds on which licences may be refu... | 0 | 4,538 | ### Instruction:
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was exported, substantially exceeded the rate of Rs. 1.50 nP. per yard of 36" width. In the circumstances, we would not be justified in assuming that t... |
1,093 | M/s. Shree Sidhbali Steels Ltd. & Others Vs. State of U.P. & Others | that the respondent No. 2 is bound to give 33.33% Hill Development Rebate and can never change the tariff rates to the detriment of the petitioners. On the facts and in the circumstances of the case, therefore, this Court holds that the respondent No. 2 is not bound to give 33.33% Hill Development Rebate to the petitio... | 1[ds]From the principle enunciated in the above mentioned decision there is no manner of doubt that the rebate which was granted to the petitioners, was, by definition, a freedom from an obligation which the appellants otherwise were liable to discharge. The rebate was a privilege granting an advantage which was not ma... | 1 | 10,286 | ### 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:
that the respondent No. 2 is bound to give 33.33% Hill Development Rebate and can never change the tariff rates to the detriment of the petition... |
1,094 | Puri Municipal Council and Others Vs. Indian Tobacco Company Limited | PUNCHHI, M.M. & MANOHAR SUJATA V. (J) 1. The famous city of Puri in the State of Orissa, is a municipality under the Orissa Municipal Act, 1950. Its limits extends upto the sea waters, on the side of the Bay of Bengal. Fish and prawn caught by fishermen from the sea have all along been brought within the municipal limi... | 0[ds]The word expression octri committed by the person bringing goods within municipal limits, since it is an entry tax. The person bringing the goods without payment of octroi is the evader and can certainly be brought within the ship of bye-law 11(2). A person merely in possession of such goods within a municipal are... | 0 | 612 | ### Instruction:
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### Input:
PUNCHHI, M.M. & MANOHAR SUJATA V. (J) 1. The famous city of Puri in the State of Orissa, is a municipality under the Orissa Municipal Act, 1950. Its limits ext... |
1,095 | M. Gopalakrishnan Vs. The United India Insurance Company Limited & Another | money can do so, in a fair, reasonable and equitable manner. The court or the Tribunal shall have to assess the damages objectively and exclude from consideration any speculation or fancy, though some conjecture with reference to the nature of disability and its consequences, is inevitable. A person is not only to be c... | 1[ds]In light of the principles laid down in the aforementioned cases, it is suffice to say that in determining the quantum of compensation payable to the victims of accident, who are disabled either permanently or temporarily, efforts should always be made to award adequate compensation not only for the physical injur... | 1 | 3,137 | ### 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:
money can do so, in a fair, reasonable and equitable manner. The court or the Tribunal shall have to assess the damages objectively and exclude ... |
1,096 | State of Punjab Vs. Salil Sabhlok and Ors. | quo warranto but to other directions, orders or writs. In Dwarka Nath v. Income-tax Officer, Special Circle, D Ward, Kanpur and Anr. (supra), K. Subba Rao, J. speaking for a three-Judge Bench, has explained the wide scope of the powers of the High Court under Article 226 of the Constitution thus: This article is couche... | 1[ds]I have perused the writ petition CWP No. 11846 of 2011, which was filed before the High Court by the Respondent No. 1, and I find that in the first paragraph of the writ petition the Respondent No. 1 has stated that he was a public spirited person and that he had filed the writ petition for espousing the public in... | 1 | 11,733 | ### 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:
quo warranto but to other directions, orders or writs. In Dwarka Nath v. Income-tax Officer, Special Circle, D Ward, Kanpur and Anr. (supra), K. Subba Rao, J. ... |
1,097 | P. Mohanan Pillai Vs. State Of Kerala | Council, Kalamassery." 9. Why such a decision had been taken after the publication of the result of the written examination and after calling 36 candidates for interview is not known. Why the Company intended to enlarge the zone of consideration from 1 : 3 to 1 : 4 has also not been disclosed. Why the cut-off mark was ... | 1[ds]10. It may be that in a given situation, a decision of the State may be changed, but therefor good and sufficient reasons must be assigned. The Company failed to do so. The decision taken in this behalf smacks of arbitrariness. It prejudiced the candidates like the appellant.11. It is nowthat ordinarily rules whic... | 1 | 2,360 | ### 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:
Council, Kalamassery." 9. Why such a decision had been taken after the publication of the result of the written examination and after calling 36 candidates for... |
1,098 | CHANDER MOHAN NEGI & ORS Vs. STATE OF HIMACHAL PRADESH & ORS | was 10+2 with 50% marks and JBT certificate. As submitted by learned senior counsel appearing for the State that initially though 3500 odd teachers were appointed, as of now there are only a total of 3294 teachers working in this category and out of this about 1866 had the qualification of 10+2 with more than 50% marks... | 0[ds]11. At the outset, it is to be noted that the schemes in question were notified in the year 2001 and 2003 under which appointments were made with regard to Primary Assistant Teachers and teachers in other categories. At the relevant point of time nobody has questioned either the schemes or the appointments. It is ... | 0 | 3,901 | ### 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:
was 10+2 with 50% marks and JBT certificate. As submitted by learned senior counsel appearing for the State that initially though 3500 odd teach... |
1,099 | Rashtriya Colliery Mazdoor Sangh Dhanbad Vs. Emp. In Relation To Mang. Of Kend.C.&Ors | the aid of the Appellant for the simple reason that in that case, the Union had challenged the judgment of the Division Bench of the High Court before this Court. In the present case, the judgment of the High Court dated 18 May 2004 modifying the Award of the Industrial Tribunal attained finality. In fact, in their wri... | 1[ds]7. In the present case, the counter affidavit filed by the first respondent before this Court contains a specific admission that the eighty eight workmen governed by the reference were working as `Tyndals on surface as well as in underground mines through contractors at Kenduadih Colliery. The counter affidavit st... | 1 | 1,923 | ### 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:
the aid of the Appellant for the simple reason that in that case, the Union had challenged the judgment of the Division Bench of the High Court ... |
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