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1,100 | Urmila Vs. Rashpal Kaur | Singhvi, J. 1. Leave granted. 2. Feeling dissatisfied with the enhancement granted by the Division Bench of the Chhattisgarh High Court in the amount of compensation awarded by Second Additional Motor Accident Claims Tribunal, Jagdalpur (for short, “the Tribunal”), the appellants have filed this appeal. 3. Shri Shivlal... | 1[ds]9. Admittedly, at the time of accident the age of the deceased was 28 years. Therefore, in terms of the ratio of the judgment in Sarla Vermas case, the amount of compensation payable to the appellants is required to be determined by applying the multiplier of 17. By doing so, the appellants would become entitle to... | 1 | 1,133 | ### 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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Singhvi, J. 1. Leave granted. 2. Feeling dissatisfied with the enhancement granted by the Division Bench of the Chhattisgarh High Court in the amount o... |
1,101 | M. Lachia Setty & Sons Ltd. Etc. Etc Vs. The Coffee Board, Bangalore | Vol. 22 para 33 (at pp. 55-56) contains the following statement of law:"33. The general doctrine of avoidable consequences applies to the measure of damages in actions for breach of contract. Thus, the damages awarded to the non-defaulting party to a contract will be determined and measured as though that party had mad... | 0[ds]In the first place giving of telegraphic bids having been expressly barred in the earlier part of the Condition the phrase "telegraphic instructions regarding bidding" cannot again refer to instructions regarding the act of giving or making bids. Secondly, on the face of it "instructions regarding bidding" would m... | 0 | 6,382 | ### Instruction:
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Vol. 22 para 33 (at pp. 55-56) contains the following statement of law:"33. The general doctrine of avoidable consequences applies to the measure of damages ... |
1,102 | State Of Gujarat Vs. Dr. R.B. Chandrachud | Now the Articles of the merger agreement may furnish valuable evidence of the affirmance of rights conferred by the predecessor State, see 1959 SCR 729 = (AIR 1958 SC 816 ) (supra) at p. 748 (of SCR) = (at p. 826 of AIR). In the State of M P. v. Shyam Lal a recognition of those rights was inferred from article in merge... | 0[ds]In view of Section 18 (d) of the Baroda Constitution Act, 1940 even a legislative bill affecting an order passed by the Maharaja in the exercise of his prerogative rights could not be moved in the Dhara Sabha without his previous sanction. Under Section 32 (f) pensions and gratuities sanctioned by the Maharaja wer... | 0 | 4,779 | ### Instruction:
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Now the Articles of the merger agreement may furnish valuable evidence of the affirmance of rights conferred by the predecessor State, see 1959 SCR 729 = (AIR 1958 SC 816 ) (supra) at p... |
1,103 | Commr. of Income Tax-II, Chandigarh Vs. M/s. Swaraj Engines Ltd | 1. Leave granted. 2. This Civil Appeal is filed by the Revenue against the order passed by the Punjab & Haryana High Court in I.T.A.No.131/2004. The impugned decision is dated 18th May, 2006. M/s. Swaraj Engines Ltd. (respondent herein) entered into an agreement of transfer of technology know-how and trade mark with Ki... | 1[ds]5. On bare reading of the said question, it is clear that applicability of Section 35AB in the context of royalty paid to Kirloskar as a percentage of the net sale price being revenue or capital in nature and depending on the answer to that question, the applicability of Section 35AB also arose for determination b... | 1 | 845 | ### 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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1. Leave granted. 2. This Civil Appeal is filed by the Revenue against the order passed by the Punjab & Haryana High Court in I.T.A.No.131/2004. T... |
1,104 | State Of Gujarat Versus Vora Salebhai Gulamali And Others (Civil Appeal No. 2283 Of 1968) State Of Gujarat And Another Versus Vora Akbarali Ibrahim And Others (Civil Appeal No. 2284 Of 1968) Vs. | in respect of certain trees in 80 survey numbers situated in village Sanada in the same taluka and district; the transaction in this case is evidenced by two documents dated May 25, 1953 and June 25, 1954. Respondents 1 and 2 in C. A. 2283 instituted a suit in the court of the Joint Civil Judge, Senior Division, Baroda... | 0[ds]The question of registration cannot be decided without an enquiry as to the nature of the trees concerned. Whether or not the trees in question were immovable property or could be regarded as standing timber is a question of fact. As the question was raised for the first time at the second appeal stage, this aspec... | 0 | 1,194 | ### 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.
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in respect of certain trees in 80 survey numbers situated in village Sanada in the same taluka and district; the transaction in this ca... |
1,105 | SUBRAMANI Vs. STATE BY INSPECTOR OF POLICE | considered the arguments of the learned counsel and pursued the records. We do notice the fact that the prosecution case is based on circumstantial evidence. The circumstances relied on by the prosecution are- (i) Accused was seen on the fateful day standing near the place where the deceased was playing. (ii) She was n... | 0[ds]5. We have considered the arguments of the learned counsel and pursued the records. We do notice the fact that the prosecution case is based on circumstantial evidence. The circumstances relied on by the prosecution are-(i) Accused was seen on the fateful day standing near the place where the deceased was playing.... | 0 | 1,899 | ### 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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considered the arguments of the learned counsel and pursued the records. We do notice the fact that the prosecution case is based on circumstant... |
1,106 | M/s Eastern Coalfields Ltd Vs. Anil Badyakar & Others | such appointment is considered by this court in the case of Union of India vs. Bhagwan Singh, (1995) 6 SCC 436, it was held as follows : "It is evident, that the facts in this case point out, that the plea for compassionate employment is not to enable the family to tide over the sudden crisis or distress which resulted... | 1[ds]19) The principles indicated above would give a clear indication that the compassionate appointment is not a vested right which can be exercised at any time in future. The compassionate employment cannot be claimed and offered after a lapse of time and after the crisis is over. In the instant case the employee die... | 1 | 2,526 | ### Instruction:
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such appointment is considered by this court in the case of Union of India vs. Bhagwan Singh, (1995) 6 SCC 436, it was held as follows : "It is evident, that the facts in this case p... |
1,107 | Hindustan Petroleum Corporation Vs. Raja D. V. Appa Rao Bahadur | 1. We have have heard both the learned counsel at length 2. We are clearly of the opinion that the judgment under appeal cannot be supported in law. For arriving at this decision, a few facts are required to be stated 3. On 1-11-1954, the property forming the subject-matter of civil appeal was leased in favour of Calte... | 1[ds]8. We do not think we need labour very much because clause 7 clearly points to the rights of the Indian Company. First of all, it contains a non obstante clause. Therefore, one will have to look at this clause and clause alone. Consequently, the statutory succession is not only in respect of the right or interest ... | 1 | 944 | ### 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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1. We have have heard both the learned counsel at length 2. We are clearly of the opinion that the judgment under appeal cannot be supported in ... |
1,108 | Pramodkumar Rasikbhai Jhaveri Vs. Karmasey Kunvargi Tak | saw that the truck coming at a high speed from the opposite direction was trying to overtake another car ahead of the truck and, secondly, the High Court found that there was a three feet width of the road on the left side of the car of the appellant and on seeing the oncoming truck, the appellant could have swerved hi... | 1[ds](4) The High Court elaborately considered the matter and noticed that the appellant was under treatment for a period of 5 months and thereafter he started attending his business and had also gone abroad for business purposes. The appellant was doing the business of a commission agent. The Tribunal had earlier held... | 1 | 2,002 | ### Instruction:
Interpret the case information and speculate on the court's decision: acceptance (1) or rejection (0) of the presented appeal.
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saw that the truck coming at a high speed from the opposite direction was trying to overtake another car ahead of the truck and, secondly, the High Court found that... |
1,109 | Faqir Chand Vs. Shri Ram Rattan Bhanot | condition imposed on the landlord by the Government or the Delhi Improvement Trust while giving him a lease of the land on which the premises are situate notwithstanding previous notice. The anxiety of the legislature is to prevent unauthorized user rather than protection of the tenant or strengthening the hands of Dev... | 1[ds]While the argument appears to be plausible we are of opinion that there is no substance in this argument. If it is a case where the tenant has contrary to the terms of his tenancy used the building for a commercial purpose the landlord could take action under clause (c). He need not depend upon clause (k) at all. ... | 1 | 3,333 | ### 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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condition imposed on the landlord by the Government or the Delhi Improvement Trust while giving him a lease of the land on which the premises ar... |
1,110 | Automobile Products Of India Employees Union Vs. Association Of Engineering Workers, Bombayand Ors | certain proceedings under the said Act, and that the decisions arrived at or order made in such proceedings shall be binding on all the employees in such undertaking, and to that extent the provisions of the said Act shall stand amended. Section 21 then states that when there is a recognised union, no employee in the u... | 0[ds]18. It is thus clear that the recognition or derecognition of a union under the Act is not a matter which concerns only the contesting unions or its members. It is a matter of utmost importance to the interests of all the workmen in the undertaking concerned and to the industry and society in general. No union is ... | 0 | 5,101 | ### Instruction:
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certain proceedings under the said Act, and that the decisions arrived at or order made in such proceedings shall be binding on all the employees in such undertaking, ... |
1,111 | Rampyari Devi Saraogi Vs. Commissioner of Income Tax, West Bengal, and Others | 1958-59 to 1960-61 are erroneous and prejudicial to the interests of revenue, I cancel the said assessments and direct the Income-tax Officer to do fresh assessments according to law, after making proper enquiries and investigation in regard to the jurisdiction, carrying on of the business, possession of initial capita... | 0[ds]5. In our view, the High Court was right in overruling the contention of the assessee. The order of the Commissioner is a detailed order. There is no doubt that he does mention some facts which were not indicated or communicated to the assessee and which the assessee had had no opportunity ofagree with the High Co... | 0 | 1,824 | ### 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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1958-59 to 1960-61 are erroneous and prejudicial to the interests of revenue, I cancel the said assessments and direct the Income-tax Officer to... |
1,112 | Kanade Anand Udyog Private Limited Vs. Indiana Gratings Private Limited & Others | Plaintiffs original artistic work in the drawings. The Plaintiff averred that Defendant No.24 has been awarded six contracts of the value of Rs.4.7 crores by Bharat Heavy Electricals Ltd. Essentially, in the fresh motion three reliefs were sought by the Plaintiff – (i) Action under Order 39 Rule 2A for breach of the or... | 0[ds]In our view, the Learned Single Judge has carefully evaluated the documents which were produced on the record and the surrounding circumstances of the case before entering a finding that the two indigenous machines in the custody of Defendant No.24 were assembled on the basis of parts which in turn had utilized dr... | 0 | 1,598 | ### 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:
Plaintiffs original artistic work in the drawings. The Plaintiff averred that Defendant No.24 has been awarded six contracts of the value of Rs.... |
1,113 | State of Uttar Pradesh and Others Vs. Anghalia Housing Private Limited and Others | notification.9. The findings of primary facts recorded in the judgment of the third learned Judge, and which could not be materially challenged before us are the following :(i) It had prepared (not submitted) the layout plan long ago. On December 31, 1965, it had submitted a working plan which was approved by the U. P.... | 0[ds]Facts mentioned in items (i), (ii) and (iii) above were the steps taken by the company long before the agreement dated September 28, 1964. Perhaps the construction of roads, if any, was also done before. But facts in items (iv) and (v) were the steps taken pursuant to the agreement aforesaid. One major step taken ... | 0 | 2,980 | ### 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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notification.9. The findings of primary facts recorded in the judgment of the third learned Judge, and which could not be materially challenged be... |
1,114 | Management Of Wenger & Co Vs. Their Workmen(And Vice Versa) | by the gratuity scheme. One is to capitalise the burden on actuarial basis and that would naturally show theoretically that the burden would be very heavy; the other is to look at the scheme in its practical aspect and this would show that that speaking broadly, no more than 3 to 4 per cent of the employees retire ever... | 1[ds]But the test of functional integrality or the test whether one unit can exit without the other, though important in some cases, cannot be stressed in every case without having regard to the relevant facts of that case, and so, we are not prepared to accede to the argument that the absence of functional integrality... | 1 | 7,560 | ### Instruction:
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by the gratuity scheme. One is to capitalise the burden on actuarial basis and that would naturally show theoretically that the burden would be very hea... |
1,115 | Arvind Kumar Mishra Vs. New India Assurance Co. Ltd. | calculation as to what capital sum, if invested at a rate of interest appropriate to a stable economy, would yield the multiplicand by way of annual interest. In ascertaining this, regard should also be had to the fact that ultimately the capital sum should also be consumed-up over the period for which the dependency i... | 1[ds]9. The principles laid down in Susamma Thomas still hold the field; the only variation has been in respect of maximum multiplier. In the present case the Tribunal as well as the High Court seriously erred in not assessing the compensation for personal injury to the appellant in accord with the recognized mode i.e.... | 1 | 2,535 | ### 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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calculation as to what capital sum, if invested at a rate of interest appropriate to a stable economy, would yield the multiplicand by way of annual int... |
1,116 | State of Gujarat Vs. Sardarabegum and Others | SARKARIA, J. 1. This appeal on certificate granted under Article 133(1)(b) of the Constitution is directed against a judgment of the Gujarat High Court. 2. The facts are : One Sardar Shermia Bapumia was the holder of what he alleged to be a political pension. He was paid such a pension till July 31, 1953 at the rate of... | 1[ds]8. Although it is not usual for the High Court to issued a writ of mandamus for enforcing a claim for arrears of such a pension, yet we cannot lose sight of the fact that this order was made pursuant to the concession made by the applicant, herein. It is therefore, not fair to allow the appellant to back out of th... | 1 | 1,070 | ### Instruction:
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SARKARIA, J. 1. This appeal on certificate granted under Article 133(1)(b) of the Constitution is directed against a judgment of the Gujarat High Court. 2. The facts are : One Sardar Sh... |
1,117 | Cref Finance Ltd Vs. Shree Shanthi Homes Pvt. Ltd. &Anr | on behalf of the respondents submitted that it may be that the Magistrate need not in express words record the fact that he has taken cognizance, but the record must show that he had applied his mind to the contents of the complaint before proceeding further in the matter. He supported the view of the High Court and su... | 1[ds]10. In the instant case, the appellant had filed a detailed complaint before the Magistrate. The record shows that the Magistrate took cognizance and fixed the matter for recording of statement of the complainant on 01.06.2000. Even if we assume, though that is not the case that the words "cognizance taken" were n... | 1 | 1,988 | ### Instruction:
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on behalf of the respondents submitted that it may be that the Magistrate need not in express words record the fact that he has taken cognizance, but the record must show that he had ap... |
1,118 | M/S. Co-Operative Company Ltd Vs. Commnr. Trade Tax, U.P | tax would be on the total turnover, assuming that the prices of the bottles were to be included in the price of the country liquor, provided one is leviable. If an exemption has been granted, it would be on sale of the articles in a deliverable form. There exists a serious dispute as to whether for the purpose of levyi... | 1[ds]14. There is no finding by the High Court that there was an implied condition of sale in regard to sale of bottles. The High Court while arriving at the said finding did not deal with the question as to whether the charges levied by Appellant from its customers, which admittedly stand approved by the Excise Author... | 1 | 4,970 | ### Instruction:
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tax would be on the total turnover, assuming that the prices of the bottles were to be included in the price of the country liquor, provided one is leviable.... |
1,119 | Bar Council Of Uttar Pradesh Vs. State Of U.P. & Another | of stamp duty on a document which gives a person the privilege or the right to plead and act on behalf of the suitors was considered to fall within the taxing power of the State. It is difficult to escape the conclusion that the levy of stamp duty by means of the Stamp Amendment Acts in the State of Uttar Pradesh was n... | 0[ds]11. Now Entries 77 and 78 in List I in the Seventh Schedule to the Constitution are as followsConstitution, organisation, jurisdiction and powers of the Supreme Court (including contempt of such Court), and the fees taken therein; persons entitled to practise before the Supreme Court.78. Constitution and organisat... | 0 | 6,432 | ### Instruction:
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of stamp duty on a document which gives a person the privilege or the right to plead and act on behalf of the suitors was considered to fall within the taxing power of the State. It is ... |
1,120 | State of Uttar Pradesh Vs. Babboo and Others | also, and it will be sufficient to say that it has been considered by the trial Judge at length and has been rejected for satisfactory reasons based on the evidence on record.10. It may also be mentioned that the High Court has taken the view that the persons who were examined as eye witnesses of the incident could not... | 1[ds]The High Court also lost sight of the fact that it had been brought out in theof Nathi Lal (PW 4) that a case under Section 107, Cr. P.C. had been started in which Tulsi Prasad and Ram Prakashs another uncle Jai Narain were arrayed on the one side, while the prosecution witnesses Nathi Lal, Dal Chand and Narayan w... | 1 | 3,335 | ### 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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also, and it will be sufficient to say that it has been considered by the trial Judge at length and has been rejected for satisfactory reasons bas... |
1,121 | (Ex) Capt. Randhir Singh Dhull Vs. S.D. Bhambri and Others | which is a part of the Tahsildari Rules does not survive the Constitution. We do not feel called upon to decide this point in this case as the petitioner cannot be allowed to raise the point for two reasons:- (i) The basis of the petitioners case all throughout, at all stages, was Annexure P. 5 based on the Tahsildari ... | 0[ds]8. A perusal of the letter as per Annexure P. 5 alongwith sub-rules 2 and 3 of rule 5 and rule 11 of the Tahsildari Rules clearly show that by letter Annexure P. 5 the petitioner was merely accepted as a candidate for the post of Tahsildar. Annexure P. 5 itself has mentioned the terms and conditions of the service... | 0 | 4,123 | ### Instruction:
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which is a part of the Tahsildari Rules does not survive the Constitution. We do not feel called upon to decide this point in this case as the petitioner cannot be ... |
1,122 | Employers in relation to the Management of Sudamdih Colliery of M/s. Bharat Coking Coal Ltd Vs. Their workmen represented by Rashtriya Colliery Mazdoor Sangh | it was noted at paragraph 6 as follows: "6. Law does not prescribe any time-limit for the appropriate Government to exercise its powers under Section 10 of the Act. It is not that this power can be exercised at any point of time and to revive matters which had since heel) settled. Power is to be exercised reasonably an... | 1[ds]It appears that the Tribunal and the High Court did not consider the factual position in the background of the legal position as noted above. Of course at the point of time when the matter was decided Air Indias case (supra) held the field. But, in view of the pronouncement of the Constitution Bench in Steel Autho... | 1 | 3,188 | ### Instruction:
Interpret the case information and speculate on the court's decision: acceptance (1) or rejection (0) of the presented appeal.
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it was noted at paragraph 6 as follows: "6. Law does not prescribe any time-limit for the appropriate Government to exercise its powers under Section 10 of the Act.... |
1,123 | Nylon Net Manufacturing Company Vs. Additional Sales Tax Officer | S.P. BHARUCHA, J. Special leave in SLP (C) No. 1832 of 1991 granted 2. The order under appeal was made by a Division Bench of the High Court of Kerala. The question for consideration was whether nylon fishing nets were, for the purposes of sales tax under the provisions of the Kerala General Sales Tax Act, 1963, proper... | 1[ds]5. We are of the opinion that the High Court was in error. Bonding has a clear technical significance, which the High Court noted. The assessee averred in its writ petition that the process of bonding was not carried out in making nylon fishing nets. There was no affidavit to counter the averment. The High Court o... | 1 | 818 | ### 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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S.P. BHARUCHA, J. Special leave in SLP (C) No. 1832 of 1991 granted 2. The order under appeal was made by a Division Bench of the High Court of Kerala. The que... |
1,124 | HINDUSTAN CONSTRUCTION COMPANY LTD Vs. NHPC LTD. & ORS | R.F. Nariman, J. SPECIAL LEAVE PETITION (C) NO. 402/2020: 1. Leave granted. 2. We have heard learned counsel appearing for the parties. 3. By an order dated 14.11.2019 passed by the learned Additional District Judge-cum-Presiding Judge, Special Commercial Court at Gurugram in Arbitration Case No. 252 of 2018, the learn... | 1[ds]This Court in Civil Appeal No. 9307 of 2019 entitled BGS SGS Soma JV vs. NHPC Ltd. delivered a judgment on 10.12.2019 i.e. after the impugned judgment was delivered, in which reference was made to Section 42 of the Act and a finding recorded thus:61. Equally incorrect is the finding in Antrix Corporation Ltd. (sup... | 1 | 748 | ### Instruction:
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R.F. Nariman, J. SPECIAL LEAVE PETITION (C) NO. 402/2020: 1. Leave granted. 2. We have heard learned counsel appearing for the parties. 3. By an order dated 14.11.2019 passed by the ... |
1,125 | Deputy Commissioner of Sales Tax (Law), Board of Revenue (Taxes) Vs. Motor Industries Company, Ernakulam | benefit of popularisation of the assessees goods in the market. The discount so allowed is merely a percentage of the price of the goods sold which has nothing to do with any other goods supplied or other service rendered by the buyers to the assessee. The fact that the discount is not allowed at the time of sale but o... | 0[ds]We shall first deal with the claim made in respect of service discount. Under clause (a) of Rule 9 of the Rules all amounts allowed as discount where such discount is allowed in accordance with the regular practice of the dealer or is in accordance with the terms of contract or agreement entered into in a particul... | 0 | 2,756 | ### 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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benefit of popularisation of the assessees goods in the market. The discount so allowed is merely a percentage of the price of the goods sold wh... |
1,126 | Prag Ice & Oil Mills & Anr. Etc Vs. Union Of India | direct deviation form the report of the Commission of inquiry appointed by it with the concurrence of the parties only when it is shown that there has been a departure from the established principles or the conclusions of the commission are shown to be demonstrably wrong or erroneous."In other words, that judgment was ... | 0[ds]8. We need not consider Art. 301 of the Constitution as the petitions do not beyond citing the provision, set out any facts to show how this Article is involved. This Article is meant for protecting inter-State as well as intra-State "freedom of trade, commerce, andbe required in the public interest.Although, Art.... | 0 | 9,508 | ### 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.
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direct deviation form the report of the Commission of inquiry appointed by it with the concurrence of the parties only when it is shown... |
1,127 | CHAIRMAN ADMINISTRATIVE COMMITTEE U.P. MILK UNION & DAIRY FEDERATION CENTRALIZED SERVICES Vs. JAGPAL SINGH | conferred under Regulation 106. 23. In Chandra Pal Singh, the finding of the Division Bench that the 1979 notification is not mentioned in the resolution of the Cadre Authority passed on 20.9.1984 is untenable in view of statutory rules contemplating the Appointing Authority. Therefore, the order of punishment passed b... | 1[ds]16. The High Court relied upon a judgment of Division Bench of the High Court in Chandra Pal Singh v. State of U.P. & Ors.(Writ-A No. 45263 of 2011 passed on 9.1.2018) wherein it was held that prior approval of the Board was not obtained as is required under Regulation 87 of the Service Regulations. It was noted t... | 1 | 5,805 | ### 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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conferred under Regulation 106. 23. In Chandra Pal Singh, the finding of the Division Bench that the 1979 notification is not mentioned in the res... |
1,128 | Daulat Singh Vs. Railway Emps.Co-Op.Banking Soc.Ltd.&Anr | aforesaid letter, the Division Bench has held that the new appointment was offered w.e.f. 20th July, 1992, and the earlier appointment under appointment letter dated 16th June, 1992 came to an end on 15th July, 1992 and, thus, there was a break of four days from 16th July to 19th July and, therefore, there is apparent ... | 1[ds]The case of the employer/first respondent before the prescribed authority was that the employees had not been in employment for a continuous period of six months as there was a break of about two months in their service, their services having been terminated on 20th August, 1992 and they were againin October, 1992... | 1 | 2,128 | ### 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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aforesaid letter, the Division Bench has held that the new appointment was offered w.e.f. 20th July, 1992, and the earlier appointment under app... |
1,129 | Zora Singh Vs. J.M. Tandon & Others | allotted to him in Samundri.9. The High Court turned down the first two contentious outright. So far as the third contention was concerned, the High Court, on assessment of the evidence led before it, rejected that contention also and dismissed the writ petition.10. for the appellant raised the very same contentions be... | 0[ds]10. for the appellant raised the very same contentions before us which were raised before the HighCourt. As regards the first contention the judgement of the Division Bench clearly holds that in its earlier judgement the High Court did not conclude the question of genuineness of the said two copies, and that it re... | 0 | 2,935 | ### 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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allotted to him in Samundri.9. The High Court turned down the first two contentious outright. So far as the third contention was concerned, the ... |
1,130 | Ram Nath & Others Vs. Union of India | violation of the provisions of the new Constitution but not when they are taken away by an Act in violation of Section 299 of the Government of India Act which has been repealed. The intention of the Constitution to protect each and everyone of the Acts specified in the Ninth Schedule from any challenge on the ground o... | 0[ds]It was lastly urged that the decision of the larger Bench in RustomCavasjee Cooper v. Unionof India,(1970) 3 SCR 530 would clearly show that the decision of this Court in Stateof Gujarat v. ShantilalMangaldas and Others., (1969) 3 SCR 341 is no more good law-and therefore it is open to the Court to examine... | 0 | 3,399 | ### 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:
violation of the provisions of the new Constitution but not when they are taken away by an Act in violation of Section 299 of the Gover... |
1,131 | Ram Krissen Singh Vs. Divisional Forest Officerbankura Division & Others | of the words "together with" and the second the words "and held by an intermediary or any other person". Taking up, first, the word "together with" the submission was that it was only where the right to the trees constituted an integral part of the right to the land that a vesting was effected of the latter right and t... | 0[ds]We feel unable to accept this argument. We consider that the expression "together" is obviously used to denote not the necessity for integrality between the land and the right to cut trees by way of common ownership but as merely an enumeration of the items of property which vest in the State. In the context, the ... | 0 | 2,020 | ### Instruction:
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### Input:
of the words "together with" and the second the words "and held by an intermediary or any other person". Taking up, first, the word "together with" the... |
1,132 | GOVERNMENT OF INDIA Vs. VEDANTA LIMITED (Formerly Cairn India Ltd.),RAVVA OIL (SINGAPORE) PTE. LTD.,VIDEOCON INDUSTRIES LIMITED | principles of justice… It was understood that the term public policy, which was used in the 1958 New York Convention and many other treaties, covered fundamental principles of law and justice in substantive as well as procedural respects. Thus, instances such as corruption, bribery or fraud and similar serious cases wo... | 0[ds]The issue of limitation for enforcement of foreign awards being procedural in nature, is subject to the lex fori i.e. the law of the forum (State) where the foreign award is sought to be enforced.(iii) It would be instructive to refer to the Report of the General Assembly of the United Nations Commission on Intern... | 0 | 28,217 | ### 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:
principles of justice… It was understood that the term public policy, which was used in the 1958 New York Convention and many other tre... |
1,133 | Board Of Muslim Wakfs, Rajasthan Vs. Radha Krishna & Ors | if no such s uit is filed, the list would be final and conclusive between them.The very object of the Wakf Act is to provide for better administration and supervision of wakfs and the Board has been given powers of superintendence ove r all wakfs which vest in the Board. This provision seems to have been made in order ... | 1[ds]It was really not necessary for the High Court to decide whether s. 36B of the Act was attracted or not, in the facts and circumstances of themust accordingly held that the Commissioner of Wakfs acted within jurisdiction in holding the disputed property to be wakf property. It must, therefore, follow that the Boar... | 1 | 9,006 | ### Instruction:
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### Input:
if no such s uit is filed, the list would be final and conclusive between them.The very object of the Wakf Act is to provide for better administration ... |
1,134 | TALAT FATIMA HASAN THROUGH HER CONSTITUTED ATTORNEY SH. SYED MEHDI HUSAIN Vs. NAWAB SYED MURTAZA ALI KHAN (D) BY LRS. & ORS | with the Government of India were simple documents relating to the accession and the integration and the assurances and guarantees given under those documents were only for the fixation of the privy purses and the recognition of the privileges. The guarantees and the assurances given under the Constitution were indepen... | 1[ds]25. We are of the view that the observations made above run counter to what was held in the earlier part of the judgment where in the same judgment it was held that no distinction could be drawn between the public and private properties of the ruler. If no such distinction could be drawn, the question of any prope... | 1 | 9,385 | ### Instruction:
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### Input:
with the Government of India were simple documents relating to the accession and the integration and the assurances and guarantees given under those documents were only for the fixation... |
1,135 | Ratan Lal Sharma Vs. Purshottam Harit | Single Judge refused to pronounce judgment in accordance with the award because (1) according to him the award was void for uncertainty, and (2) the award, which created rights in favour of the appellant over immovable property worth over Rs. 100/- required registration and was unregistered. Counsel for the appellant h... | 0[ds]2. We shall first take up the civil appeal. The Special Leave Petition will become infructuous or anaemic after our decision for or against the appellant.It is not necessary to express any opinion on the first argument as we are of opinion that the award requires registration and, not being registered is inadmissi... | 0 | 1,494 | ### Instruction:
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### Input:
Single Judge refused to pronounce judgment in accordance with the award because (1) according to him the award was void for uncertainty, and (2) the award, which created rights in fa... |
1,136 | Commissioner of Income Tax, Bombay City Vs. Ratilal Nathalal | settlement it was only his individual income and that section 16(1) (c) had no application to him.The income-tax authorities overruled this contention. The assessee appealed to the Income-tax Appellate Tribunal; but by order the 16th March, 1950, it confirmed the view taken by the income-tax authorities.Thereupon at th... | 0[ds]The fallacy of this argument consists in treating the respondent Ratilal as one out of two settlors for the purpose of the second proviso while treating the family as the settlor for the purpose of the last portion of clause (c) of section 16(a). If, at the outset, the settlor was the Hindu undivided family and th... | 0 | 1,890 | ### Instruction:
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settlement it was only his individual income and that section 16(1) (c) had no application to him.The income-tax authorities overruled ... |
1,137 | Mahabir Prashad Rungta Vs. Durga Datt | the indebtedness of Rungta to Durga Datt stood as follows : 16th July, 1951 about Rs. 7,835 27th July, 1951Rs. 6,790 6th August, 1951Rs. 11,170 12th August, 1951Rs. 15,590 These sums were in addition to a security deposit of Rs. 2,038. Whatever might be the intent and purpose of the clause in question, it is clear enou... | 1[ds]In our opinion, these facts speak for themselves, and amply support the finding of the learned Judicial Commissioner that Rungta was really responsible for hamstringing the work of Durga Datt. Why Rungta did so is not very clear from the record of the case, though an attempt was made to show that the quantity of c... | 1 | 2,815 | ### Instruction:
Using the case data, forecast whether the court is likely to side with (1) or against (0) the appellant/petitioner.
### Input:
the indebtedness of Rungta to Durga Datt stood as follows : 16th July, 1951 about Rs. 7,835 27th July, 1951Rs. 6,790 6th August, 1951Rs. 11,170 12th August, 1951Rs. 15,590 The... |
1,138 | Raymond Woollen Mills Ltd. (Now known as M/s. Raymond Ltd.) & Another Vs. Director General (Investigation & Registration) & Another | by evidence, can be looked into. The preliminary investigation report, as such, is not evidence on record. As such, any reference to the contents thereof, which have not been put in evidence and subjected to cross examination, cannot be looked into. This is without prejudice to the contention that there is nothing stat... | 1[ds]43. We have carefully gone through the entire record in this case and heard the learned counsel for the parties at length. From the proper analysis of the entire evidence on record, we reach to an irresistible conclusion that noof sales of trousers as a condition has been established. Therefore, the Commissions pa... | 1 | 4,733 | ### Instruction:
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by evidence, can be looked into. The preliminary investigation report, as such, is not evidence on record. As such, any reference to th... |
1,139 | Ayodhya Prasad Vajpai Vs. State Of U.P. & Anr | Samiti or any Khand notwithstanding the inadvisability of continuing it for administrative or other valid reason. The power exercised by the Government in issuing the two notifications flows clearly from the provisions of the law under which Government was acting.7. It is for this reason that the attack of Mr. Garg was... | 0[ds]It is not necessary to refer to these sections because they are to be found in all legislation dealing with the establishment of corporate local self-Government bodies. The question is not whether Kshettra Samitis enjoy perpetual succession. The question iswhether the Kshettra Samitis once established enjoy perpet... | 0 | 2,697 | ### 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:
Samiti or any Khand notwithstanding the inadvisability of continuing it for administrative or other valid reason. The power exercised by the Gover... |
1,140 | Maharashtra Tubes Limited Vs. State Industrial and Investment Corporation of Maharashtra Limited and Another | Dictionary (Fourth Edition) which reads as under "Any proceedings in court of justice...... by which property of debtor is seized and diverted from his general creditors.... This term includes all proceedings authorised or sanctioned by law, and brought or instituted in a court of justice or legal tribunal, for the acq... | 1[ds]7. It will be seen from the above discussion that both the 1951 Act and the 1985 Act are special statutes, each having a different objective, the emphasis in the case of the former being on giving of financial assistance to entrepreneurs for setting up industries while in the case of the latter it being to revive ... | 1 | 8,202 | ### Instruction:
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### Input:
Dictionary (Fourth Edition) which reads as under "Any proceedings in court of justice...... by which property of debtor is seized and diverted from his general creditors.... This term i... |
1,141 | Husainbhai Nabibux Kunjada Vs. Modhia Chhotalal Mansukhlal & Others | cultivating the suit land personally during the relevant period. They further did not appear to have paid any rent to the defendants from the year 1942 onwards and the relationship of landlord and tenant did not subsist between them. There was undoubtedly a dispute about the suit land between the defendants and some ot... | 0[ds]8. In our view, both appeals are without merit. As already observed, the trial Court (Civil Judge S. D. Godhra) in Suit No. 8/67 in a well considered judgment came to the conclusion that the plaintiffs (appellants in this Court) had. never recognized the defendants as their landlords and for this reason the decree... | 0 | 2,381 | ### Instruction:
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### Input:
cultivating the suit land personally during the relevant period. They further did not appear to have paid any rent to the defendants from the year 1942 onward... |
1,142 | Punjab National Bank, Limited Vs. Its Workmen | to another Tribunal of which Mr. Ram Kanwar was the sole member. Subsequently, on 21 March, 1958, this dispute was withdrawn from the said Tribunal and referred to the present Tribunal. This series of transfers of this dispute from one Tribunal to another accounts for the delay which has resulted in the adjudication of... | 1[ds]We have already indicated that the Tribunal took the view that it would be impossible to direct the appellant toall the remaining employees of the Bharat Bank and to give them continuity of service in all particulars. Apparently, the respondents object to this finding.Dealing with the directions given by the Tribu... | 1 | 1,836 | ### Instruction:
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to another Tribunal of which Mr. Ram Kanwar was the sole member. Subsequently, on 21 March, 1958, this dispute was withdrawn from the said Tribunal and referred to the... |
1,143 | The Depot Manager and Ors Vs. S. Krishna | M.R. Shah, J. 1. Leave granted. 2. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 24.07.2013 passed by the Division Bench of the High Court of judicature of Andhra Pradesh at Hyderabad in Writ Appeal No.1344 of 2013 the original respondents-corporation-employer has preferred the present a... | 1[ds]5. Having heard the learned counsel appearing on behalf of the appellants herein and having considered the main judgment and order passed by the learned Division Bench as well as the order passed by the learned Single Judge, it appears that the learned Single Judge without having regard to the facts of the individ... | 1 | 1,067 | ### Instruction:
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### Input:
M.R. Shah, J. 1. Leave granted. 2. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 24.07.2013 passed by the Division Bench of the High... |
1,144 | Mohit Chandra Saha Vs. The District Magistrate, 24 Parganas, Alipore, Calcutta-27 & Others | Shelat, J. 1. On January 11, 1971, the District Magistrate, 24 Parganas issued an order of detention against the petitioner under sub-section (1) of Section 3 read with sub-section (3) thereof of the West Bengal (Prevention of Violent Activities) Act (Presidents Act 19 of 1970). In pursuance of that order the petitione... | 0[ds]3. The petition reached hearing before us on January 11, 1972 when Mr. Lakhainarasu, appearing amicus curiae for the petitioner, challenged the validity of the said order of detention on a number of grounds. However, after arguments had ended, Mr. G. S. Chatterji, appearing for the State, informed us that the Stat... | 0 | 439 | ### Instruction:
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### Input:
Shelat, J. 1. On January 11, 1971, the District Magistrate, 24 Parganas issued an order of detention against the petitioner under sub-section (1) of Section ... |
1,145 | M/S.Birla Cement Works Vs. Central Board Of Direct Taxes | used in the Section. "Any work" means any work and not a "works contract", which has a special connotation in the tax law. Indeed, in the sub-section, the "work" referred to therein expressly includes supply of labour to carry out a work. It is a clear indication of the Legislature that the "work" in the sub-section is... | 1[ds]On appeal, this Court held that Section 194C(1) had a wide import and covered "any word" which could be got carried out through a contractor under a contract including the obtaining of supply of labour under a contract with a contractor for carrying out any work. The Section was not confined or restricted in its a... | 1 | 2,842 | ### Instruction:
Interpret the case information and speculate on the court's decision: acceptance (1) or rejection (0) of the presented appeal.
### Input:
used in the Section. "Any work" means any work and not a "works contract", which has a special connotation in the tax law. Indeed, in the sub-section, the "work" re... |
1,146 | Village Panchayat Of Kanhan Pipri Vs. Standing Committee, Zila Parishad, Nagpur, And Ors | cases enlarge the octroi limits or reduce the octroi limits and it would lead to great confusion if either of the things happens after the Panchayat had been collecting octroi duty within the octroi limits submitted by it to the Collector for approval.15.We may here deal with a minor point which was mentioned in the co... | 1[ds]It seems to us that the octroi duty has been levied in accordance withscheme of the Fees Rules accordingly seems to be that the general procedure for levying taxes or fees is laid down and then this procedure is made applicable to the levy of various taxes mentioned in the other parts of the Rules.Viewed in this b... | 1 | 4,212 | ### Instruction:
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cases enlarge the octroi limits or reduce the octroi limits and it would lead to great confusion if either of the things happens after the Panchayat ha... |
1,147 | THE SECRETARY, MOC, NEW DELHI-1 Vs. M/S VINOD AND COMPANY | 2(o) has defined the expression service to mean a service of any description. The issue essentially is whether in formulating the Exim policy and in providing a regulatory regime, the government performs a service of any description. 20. Since in the present case the relevant Exim policy is for the period from April 19... | 1[ds]22. The objects of the policy are essentially to stimulate industrial growth by providing easy access to imported capital goods, raw materials and components, to substitute imports and promote self-reliance and to provide an impetus to exports by improving the quality of incentives. The Exim policy is an incident ... | 1 | 2,611 | ### Instruction:
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2(o) has defined the expression service to mean a service of any description. The issue essentially is whether in formulating the Exim policy and in providin... |
1,148 | State Of Punjab Vs. Jagdip Singh & Ors | an order of the Government amounts to punishment or not, Das. C. J., speaking for the Court summarized his conclusions therein. The learned Chief Justice dealing in particular with a case of reduction in rank observed, at p. 863 (of SCR) : (at p. 49 of AIR):"A reduction in rank likewise may be by way of punishment or i... | 1[ds]The present case is not governed by either of these two rules, and the only rule which could possibly by invoked for supporting the action of the Financial Commissioner is R. 7. Before, however, advantage could be taken of that rule, there had to be an actual or an anticipated substantive vacancy. Moreover, there ... | 1 | 6,132 | ### Instruction:
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an order of the Government amounts to punishment or not, Das. C. J., speaking for the Court summarized his conclusions therein. The learned Chief Justice deal... |
1,149 | Raja Bahadur Kamakshya Narainsingh And Others Vs. The Collector And Deputy Commissioner Of Hazaribagh And Others | a dead of settlement. We may assume, therefore that on the date of publication of the notification the disputed properties were not used primarily as office or cutchery for the collection of rent of the notified estate of petitioner No. 1.It becomes, therefore, necessary to interpret the word "used" occurring in S. 4(a... | 0[ds]3.In our opinion, it is of little consequence in the present case whether the notified estate vested in the State by reason of the publication of the notification under S. 3 or by virtue of the provisions of S. 4 of the Act, because in either case a vesting did take place. Although the word land is used in the def... | 0 | 2,133 | ### Instruction:
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a dead of settlement. We may assume, therefore that on the date of publication of the notification the disputed properties were not used primarily as o... |
1,150 | Eastern Chemical and Minerals Vs. Commissioner of Income Tax | (c) or both, during the previous year, amount, in the aggregate, to 50 per cent or more of the aggregate amount of the sale proceeds and all other gross receipts of the business during the previous year credited to the profit and loss account of the company." 4. The assessee had, by a letter dated 26th March, 1969, wri... | 0[ds]The High Court found, rightly, that the judgment in the earlier case referred to above was distinguishable on facts. In analysed the said notification and held that an assessee would get its benefit only after it exported goods out of India and received the sale proceeds of the exports in India. The receipts from ... | 0 | 2,038 | ### Instruction:
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(c) or both, during the previous year, amount, in the aggregate, to 50 per cent or more of the aggregate amount of the sale proceeds and all other gross receipts of... |
1,151 | CHANDRASHEKHAR ANANDRAOJI REWATKAR Vs. NAVJEEVAN SHIKSHAN SANSTHA AND ORS | 1. Leave granted.2. These appeals have been preferred against judgments and orders passed by the High Court of Judicature at Bombay, Nagpur Bench on 4th September, 2014 and 7th October, 2015 in W.P.No.5455 of 2005 and Misc. Civil Application ST No.23162 of 2014 in W.P.No.5455 of 2005 respectively.3. The appellant was a... | 1[ds]5. It is undisputed that the appellant served for more than five years and the School Tribunal recorded a finding that the appointment of the appellant was after the prior permission of the Education Department and in pursuance of the selection after an advertisement. The said finding could not have been set aside... | 1 | 294 | ### Instruction:
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### Input:
1. Leave granted.2. These appeals have been preferred against judgments and orders passed by the High Court of Judicature at Bombay, Nagpur Bench on 4th September, 2014 and 7th October,... |
1,152 | Union of India and Another Vs. Ashok Kumar Mitra | the first ground observing that the respondent himself had "handsomely contributed" to whatever delay had so far been occasioned and, therefore, the proceedings could not be quashed on the ground of delay, which was not attributable solely to the prosecution. So far as the second ground is concerned, the High Court agr... | 1[ds]On a plain reading of the above provision, it follows that the view of the Calcutta High Court in the impugned judgment holding that the Branch Manager of Bank of India is not a "public servant" under Section 21 of IPC is erroneous and cannot bethe fact situation of this case, the argument does not appeal to us. T... | 1 | 1,406 | ### 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 first ground observing that the respondent himself had "handsomely contributed" to whatever delay had so far been occasioned and, therefore, t... |
1,153 | Union Of India Vs. Hanuman Industries | of India vide NEC/PLAN/ii-23-2-2007. Thus the letter/notification dated 04-05-2010, did relate back to 23-02-2007 for all intents and purposes. Therefore the scheme, SPINE stood withdrawn and/or closed on and from 23-02-2007. As a corollary, on a cumulative reading of the letters dated 05-02-2007, 23-02-2007 and 04-05-... | 1[ds]Admittedly, the respondents herein elected not to join them and instead, soon thereafter this Court affirmed the above verdict on, staked their claim on. There is evidently thus a time lag of more than two years by which the respondents? challenge was delayedThat aside overriding public interest against enforcemen... | 1 | 4,738 | ### Instruction:
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of India vide NEC/PLAN/ii-23-2-2007. Thus the letter/notification dated 04-05-2010, did relate back to 23-02-2007 for all intents and purposes. Therefore the... |
1,154 | Arasmeta Captive Power Co. Pvt. Ltd & An Vs. Lafarge India P. Ltd | controversy when raised pertaining to arbitrability of the disputes. Or to express an opinion on excepted matters. Such an inference by syllogistic process is likely to usher in catastrophe in jurisprudence developed in this field. We are disposed to think so as it is not apposite to pick up a line from here and there ... | 1[ds]43. In course of hearing we have been apprised that the learned Arbitrator has adjourned the matter to 13.12.2013 for filing counter affidavit/claim by the appellants and it has been submitted by Mr. Ranjit Kumar that it would not be possible for the appellants to file the counter affidavit/claim or objections to ... | 1 | 8,697 | ### Instruction:
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controversy when raised pertaining to arbitrability of the disputes. Or to express an opinion on excepted matters. Such an inference by syllogistic proc... |
1,155 | Phillippa Anne Duke Vs. The State Of Tamil Nadu & Ors | following observations of the Constitution Bench in A. K. Roy v. Union of India, AIR 1982 SC 710 :-"Another aspect of this matter which needs to be mentioned is that the embargo on the appearance of legal practitioners should not be extended so as to prevent the detenu from being aided or assisted by a friend who, in t... | 0[ds]Apart from the fact that there is no proper foundation for the submission, I am not satisfied that there is any merit in the submission. The Writ Petitions were filed on March 12, 1982 and there was then no hint of this submission, the counter-affidavit on behalf of the State of Tamil Nadu was filed on April 5, 19... | 0 | 2,272 | ### Instruction:
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following observations of the Constitution Bench in A. K. Roy v. Union of India, AIR 1982 SC 710 :-"Another aspect of this matter which needs to be mentioned is that t... |
1,156 | MARUTI SUZUKI INDIA LTD. (EARLIER KNOWN AS MARUTI UDYOG LTD.) Vs. COMMISSIONER OF INCOME TAX DELHI | actually paid during the relevant year previous to the assessment year 1984-85. The Commissioner of Income-tax initiated proceedings under section 263 of the Act on the ground that the Assessing Officer had wrongly allowed the claim for deduction of an amount of Rs.98,25,833/- towards customs and Excise Duty paid durin... | 1[ds]11. The untilised MODVAT credit on 31.03.1999 to the credit of the assessee was Rs.69,93,00,428/-. The MODVAT credit was accumulated to the account of the assessee due to payment of Excise Duty on raw materials and inputs which were supplied to it by the suppliers and reflected in the invoices by which raw materia... | 1 | 5,409 | ### Instruction:
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actually paid during the relevant year previous to the assessment year 1984-85. The Commissioner of Income-tax initiated proceedings under section 263 of the Act on the ground that t... |
1,157 | Snowtex Investment Limited Vs. Principal Commissioner of Income Tax, Central-2, Kolkata | undue hardship to the Assessee, had taken the view that Section 43-B would not be attracted unless the sum payable by the assessee by way of tax, duty, cess or fee was payable in the same accounting year. If the tax was payable in the next accounting year, Section 43-B would not be attracted. This was done in order to ... | 0[ds]19. At this stage, we will deal with the first submission which is that the Explanation to Section 73, as it stood prior to the amendment, excluded from the deeming definition of a speculation business, a situation where the principal business of a company was granting of loans and advances20. In the present case,... | 0 | 4,947 | ### Instruction:
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### Input:
undue hardship to the Assessee, had taken the view that Section 43-B would not be attracted unless the sum payable by the assessee by way of tax, duty,... |
1,158 | Maneksha Ardeshir Irani & Anr Vs. Manekji Edulji Mistry & Ors | The High Court on remand has held that the appellant was not entitled to any notice and that the appellant was a tenant on sufferance. The issues as to damages are not yet heard.7. In this appeal, the appellant contends that the appellant is entitled to protection under Section 4-B of the 1948 Act because the appellant... | 0[ds]8. The contract of tenancy commenced on 1 March, 1943. It was for a period of five years ending on 28 February, 1948. Under Section 23 (1) (b) of the Bombay Tenancy Act, 1939 as it stood amended in 1946, every subsisting on the date when that section came into force become deemed to be for a period of not less tha... | 0 | 1,526 | ### Instruction:
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### Input:
The High Court on remand has held that the appellant was not entitled to any notice and that the appellant was a tenant on sufferance. The issues as to damages are not yet heard.7. In t... |
1,159 | Commr.Of Central Excise,Jalandhar Vs. M/S Kay Kay Industries | of excise, as indicated in the documents accompanying the goods, has been paid. Thus, what is expected of an assessee is to take reasonable steps that appropriate duty, as indicated in the documents, has been paid. 22. At this juncture, it is relevant to refer to the notification issued under sub-rule (6) of Rule 57A o... | 0[ds]24. In the case at hand, there is no dispute that a declaration was given by the manufacturer of the inputs indicating that the excise duty had been paid on the said inputs under the Act. It is also not in dispute that the said inputs were directly received from the manufacturer but not purchased from the market. ... | 0 | 4,500 | ### Instruction:
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### Input:
of excise, as indicated in the documents accompanying the goods, has been paid. Thus, what is expected of an assessee is to take reasonable steps that ... |
1,160 | Income Tax Officer, I Ward, Dist, Vi, Calcutta & Ors Vs. Lakhmani Mewal Das | in question, income chargeable to tax has escaped assessment for that year, nor could it be said that he, as a consequence of information in his possession, had reasons to believe that the income chargeable to tax has escaped assessment for that year. We are not satisfied that the Income-tax Officer had any material be... | 0[ds]As stated earlier, the reasons for the formation of the belief must have a rational connection with or relevant bearing on the formation of the belief. Rational connection postulates that there must be a direct nexus or live link between the material coming to the notice of the Income-tax Officer and the formation... | 0 | 4,541 | ### 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:
in question, income chargeable to tax has escaped assessment for that year, nor could it be said that he, as a consequence of information in his p... |
1,161 | Jaipur Development Authority Vs. Vijay Kumar Data | clearly erroneous. The letter written by Deputy Secretary (Administration), Urban Development Department to the Secretary, Jaipur Development Authority, Jaipur cannot, by any stretch of imagination, be treated as a policy decision taken by the State Government. No document was produced before the High Court and none ha... | 1[ds]29. In our view, the Division Bench of the High Court committed serious error by entertaining an altogether new case set up on behalf of the respondents, who had not even prayed for amendment of the pleadings and granted relief to them by declaring that they are entitled to get benefit of the policy of regularizat... | 1 | 11,778 | ### Instruction:
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clearly erroneous. The letter written by Deputy Secretary (Administration), Urban Development Department to the Secretary, Jaipur Development Authority, Jaipur cannot,... |
1,162 | Ranchod Mathur Wasawa Vs. State Of Gujarat | Krishna Iyer, J.1. A petition from jail - this is one - demands closure judicial care and we have with deep concern scanned the materials placed before us in the light of the grounds of grievance urged in this appeal. We find no reason to disagree with the findings of guilt and refuse special leave. Even so, we are dis... | 0[ds]This is an unfortunate feature. Nevertheless, we are satisfied that by postponing the examination of the important witnesses to the next day the learned Judge helped counsel to equip himself fully. We are also satisfied from a perusal of the papers that thehas not suffered for want of time or facility for counsel ... | 0 | 307 | ### Instruction:
Analyze the legal arguments presented and estimate the likelihood of the court accepting (1) or rejecting (0) the petition.
### Input:
Krishna Iyer, J.1. A petition from jail - this is one - demands closure judicial care and we have with deep concern scanned the materials placed before us in the light... |
1,163 | Delhi Jal Board Vs. National Campaign Etc | negligence aspect has been dealt with under penal law already, the claim for compensation cannot but be left to be adjudicated by the civil law and thus the civil courts jurisdiction ought to have been invoked rather than by way of a writ petition under Article 226 of the Constitution. This plea of non-maintainability ... | 0[ds]13. At the threshold, we deem it necessary to erase the impression and misgivings of some people that by entertaining petitions filed by social action groups/activists/workers and NGOs for espousing the cause of those who, on account of poverty, illiteracy and/or ignorance and similar other handicaps, cannot seek ... | 0 | 12,670 | ### 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:
negligence aspect has been dealt with under penal law already, the claim for compensation cannot but be left to be adjudicated by the civil law and thus the ci... |
1,164 | Union Of India & Ors Vs. M/S. Bhim Sen Walaiti Ram | public auction or by private contract, and any deficiency in price and all expenses of such resale or attempted resale shall be recoverable from the defaulting bidder in the manner laid down in Section 60 of the Punjab Excise Act, 1 of 1914, as applied to the Delhi Province."Clause 22, states:"When a license has been c... | 1[ds]We are unable to accept this argument. The first portion of Clause 21 requires the "person to whom the shop has been sold" to deposit one-sixth of the total annual fee within seven days. But the sale is deemed to have been made in favour of the highest bidder only on the completion of the formalities before the co... | 1 | 1,868 | ### 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:
public auction or by private contract, and any deficiency in price and all expenses of such resale or attempted resale shall be recoverable from... |
1,165 | S.K. Siddique Vs. Madhya Pradesh state Road Transport Corporation and Anr. | KULDIP SINGH, J. The petitioner joined service in the Transport Department of the erstwhile State of Madhya Bharat in September 1960. On the formation of the Madhya Pradesh State Road Transport Corporation with effect from June 1, 1962 his services were transferred to the said corporation. He retired from service on co... | 0[ds]3. Prior to August 31, 1955, transport service in the State of Madhya Pradesh was being run by the Company. The age of superannuation of the employees of the Company, except the Drivers, was 60 years. The Company was purchased and taken over by the State of Madhya Pradesh on August 31, 1955. Thereafter the Madhya ... | 0 | 445 | ### 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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KULDIP SINGH, J. The petitioner joined service in the Transport Department of the erstwhile State of Madhya Bharat in September 1960. On the formation of the Madhya Pradesh St... |
1,166 | Shashibushan Prasad Misilra & Anr Vs. Babuji Rai & Ors | guardians cost for respondent No. 23 (deity) failing which this appeal shall stand dismissed against him without further reference to a Bench." This peremptory order was not complied with and on the expiry of the two weeks the appeal stood dismissed against the deity. At the hearing of the appeal the contesting defenda... | 0[ds]6. In the circumstances the High Court ought to have decided the appeal before it on the merits. Counsel for the parties agreed that the decision of the present appeal on the merits would abide by the decision in C. A. No. 140 of 1966 arising out of T. S. No. 29/11 of 1946. That suit and T. S./ No. 12/9 of 1946 ou... | 0 | 1,524 | ### Instruction:
Using the case data, forecast whether the court is likely to side with (1) or against (0) the appellant/petitioner.
### Input:
guardians cost for respondent No. 23 (deity) failing which this appeal shall stand dismissed against him without further reference to a Bench." This peremptory order was not c... |
1,167 | Sebi Through its Chairman Vs. Roofit Industries Ltd | AND SURVEILLANCE DEPARTMENT email : sujitp@sebi.gov.in tel.no.:282981 M/s. Roofit Industries Ltd. 501, Sangli Bank Bldg. 296, Perin Nariman Street, Fort, Mumbai – 400001. Dear Sirs, Please refer to our summons dated July 23, 2002 advising you to submit certain information specified at Annexure ‘A’ to the said summons, ... | 0[ds]6. However, before imposing such a penalty, we must consider the date on which the amendment came into effect, i.e. 29.10.2002. Since theSummons to furnish the required documents was prior to this date and the Respondent failed to do so till well after it, the question before us is when the failure or default took... | 0 | 2,952 | ### 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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AND SURVEILLANCE DEPARTMENT email : sujitp@sebi.gov.in tel.no.:282981 M/s. Roofit Industries Ltd. 501, Sangli Bank Bldg. 296, Perin Nariman Street, Fort, Mumba... |
1,168 | Superintendant of Police Manipur and Others Vs. R.K. Tomolsona Singh (Dead) Through Lrs | 1. One Shri R. K. Tomalsana Singh, (now dead) at the relevant time was serving as Sub-Inspector of Police in State or Manipur. He was suspended from service by an order dated October 26, 1964 by the Superintendent of Police, Manipur, being the disciplinary authority, pending a departmental inquiry against him. The Inqu... | 1[ds]The contention before the learned Judicial Commissioner on behalf of the appellant was that at the relevant time the office of the I.G.P. and Chief Commissioner of Manipur both were held by one Mr. E. P. Mong and even though Section 12 of the Police act, 1861 confers powers on theof Police, subject to the approval... | 1 | 853 | ### 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:
1. One Shri R. K. Tomalsana Singh, (now dead) at the relevant time was serving as Sub-Inspector of Police in State or Manipur. He was suspended fr... |
1,169 | Baljeet Singh and Others Vs. Risal Singh and Others | the first time that such suits and proceedings in the various Courts had to be stayed in which a question of title in respect of any plot mentioned in the statement with reference to el. (c) of sub-s. (1) of s. 11 had been raised and that these stayed suits or proceedings were to be decided subsequently in the manner p... | 1[ds]We may state that no objection was raised on behalf of the respondent to the effect that these appeals could not have been instituted, but we have discussed that matter, in view of the fact that the appeals were filed after the State Government had made a declaration under s.4 of thehave not been referred to any p... | 1 | 3,571 | ### Instruction:
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the first time that such suits and proceedings in the various Courts had to be stayed in which a question of title in respect of any plot mentioned in t... |
1,170 | R.C. Gupta & Others Vs. Regional Provident Fund Commissioner Employees Provident Fund Organisation & Others | the Act. The Pension Scheme which was framed to give effect to the provisions of Section 6A containsinter aliaClause 11, which deals with determination of pensionable salary. Under Clause 11(3) of the Pension Scheme, the maximum pensionable salary was limited to Rs.5,000/-, which was subsequently enhanced to Rs.6,500/-... | 1[ds]8. Reading the proviso, we find that the reference to the date of commencement of the Scheme or the date on which the salary exceeds the ceiling limit are dates from which the option exercised are to be reckoned with for calculation of pensionable salary. The said dates are notf dates to determine the eligibility ... | 1 | 1,399 | ### 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:
the Act. The Pension Scheme which was framed to give effect to the provisions of Section 6A containsinter aliaClause 11, which deals with determination of pens... |
1,171 | Sardar Sarup Singh & Others Vs. The State Of Punjab & Others | Board as representative as possible, and because an Act passed by the Punjab legislature could not contain provisions for the election of members from constituencies outside the Punjab, there arose the necessity for nomination, designation and co-option. The designation of the head ministers of the five principal Sikh ... | 0[ds].The petitioners have not specifically alleged in their petition that the State Government has acted in any mala fide manner; and whatever justification some people may feel in their criticisms of the political wisdom of a particular legislative or executive action, this Court cannot be called upon to embark on an... | 0 | 5,939 | ### Instruction:
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Board as representative as possible, and because an Act passed by the Punjab legislature could not contain provisions for the election of members from constituencies o... |
1,172 | Kumari N. Vasundara Vs. State Of Mysore & Anr | 631 - it was observed by the Judicial Committee that "the word domicile in Article 63 (of the Civil Code of Lower Canada) was used in the sense of residence, and did not refer to international domicile". What has to be considered is whether in the present context "domicile" was used in the sense of residence. The rule ... | 0[ds]In our view the word "domicile" as used in Rule 3 in the present case is also used to convey the idea of intention to reside or remain in the State of Mysore. If classification based on residence does not impinge upon the principle of equality enshrined in Article 14 as held by this Court in the decision already c... | 0 | 3,461 | ### 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:
631 - it was observed by the Judicial Committee that "the word domicile in Article 63 (of the Civil Code of Lower Canada) was used in the sense ... |
1,173 | State Of Madhya Pradesh Vs. Bhopal Sugar Industries Ltd | region incorporated in the new State was not discriminatory at the date when the reorganisation took place, it can never become discriminatory thereafter. The assumptions made by both the parties appear to be erroneous. The High Court was of the view that after expiry of a reasonable period during which the State has t... | 1[ds]9. In adjudging reasonableness of classification for the purpose of taxation, the Courts recognise greater freedom in the Legislature and if the statute discloses a permissible policy of taxation, the Court will uphold it. The Courts undoubtedly lean more readily in favour of the presumption of constitutionality o... | 1 | 3,513 | ### Instruction:
Analyze the legal arguments presented and estimate the likelihood of the court accepting (1) or rejecting (0) the petition.
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region incorporated in the new State was not discriminatory at the date when the reorganisation took place, it can never become discriminatory thereafter. The assumpti... |
1,174 | Suresh Chandra Bahri Vs. State of Bihar | was to be executed. The evidence discussed above shows that her murder was committed in an extremely, brutal, gruesome, diabolical, revolting and dastardly manner so as to arouse intense and extreme indignation of the society. The victim was subjected to inhuman acts of torture and cruelty while causing her murder as h... | 0[ds]43. The evidence of an approver does not differ from the evidence of any other witness except that his evidence is looked upon with great suspicion. Consequently in the event the suspicion which is attached to the evidence of an accomplice is not removed his evidence could not be acted upon unless corroborated in ... | 0 | 34,012 | ### 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.
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was to be executed. The evidence discussed above shows that her murder was committed in an extremely, brutal, gruesome, diabolical, rev... |
1,175 | RATHIN GHOSH Vs. WEST BENGAL STATE ELECTRICITY DISTRIBUTION COMPANY LTD. & ORS | debar future employment (7) Dismissal from service which ordinarily debars future employment.? 23. It is relevant to notice that Regulation 62 does not contain any punishment of permanent withholding of pension for life time or forfeiture of gratuity. In the proceedings drawn against the appellant under West Bengal Sta... | 1[ds]14. The substance of the charges against the appellant as noted in the impugned judgment dated 20.09.2017 and extracted above were twofold. Insofar as charge of attending the seminar on 17.04.2008 without having any permission from higher authorities, suffice it to say that the casual leave application for 17.04.2... | 1 | 5,793 | ### 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:
debar future employment (7) Dismissal from service which ordinarily debars future employment.? 23. It is relevant to notice that Regula... |
1,176 | WALCHANDNAGAR INDUSTRIES LTD Vs. THE STATE OF MAHARASHTRA & ANR | for the years 1975--76 and 1976--77. From these balance-sheets and profit & loss accounts, it is sought to be highlighted that the appellant made a profit of Rs.96.07 lakhs during the year 1975--76 and that the profit went down to Rs.40.83 lakhs during the year 1976--77. 73. If this claim of the appellant is taken to b... | 1[ds]31. In simple terms, the six items covered by Section 23(1), which are to be taken into consideration by the court in determining compensation, can be summarised as follows:-(i) The market value of the land on the date of publication of notification under Section 4(1);(ii) The damage to standing crops or trees, wh... | 1 | 10,662 | ### 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:
for the years 1975--76 and 1976--77. From these balance-sheets and profit & loss accounts, it is sought to be highlighted that the appellant mad... |
1,177 | Indore Malwa United Mills Ltd., Indore Vs. State Of Madhya Bharat And Others | Tax Rules and the corresponding provisions of the Indian Income-tax Act. It is said that the Indore Industrial Tax Rules are only concerned with the cotton mill industry and the tax payable thereunder is in respect of the said industry, while under the Income-tax the tax is payable in respect of the income of the busin... | 1[ds]There would not have been any defence to such a suit. After the borrowing the money became the companys money. That apart there was no question of fraud in this case, for the profit and loss account and the balance-sheet placed before the General Body Meeting of the Company every year brought to its notice the tot... | 1 | 1,936 | ### Instruction:
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Tax Rules and the corresponding provisions of the Indian Income-tax Act. It is said that the Indore Industrial Tax Rules are only concerned with the cot... |
1,178 | Krishan Kumar Vs. Union of India & Another | land in the same village for ` 2,65,651/-. These sale deeds were clear indicators, reflecting that MGF sale deed (Exhibit PW-1/2) showed inflated figure therein. 24. We find that the aforesaid finding of the High Court, on a proper appreciation of the evidence on record, is absolutely valid thereby rejecting the credit... | 1[ds]It is clearve that the submissions of learnedcounsel for thehave two limbs,For ascertaining the market value of the, the sale deed pertaining to the land in that very area was the best exemplar. There was no reason to discard Exhibitwhich was produced to reflect the market value of the land in the year 1993, which... | 1 | 4,952 | ### 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:
land in the same village for ` 2,65,651/-. These sale deeds were clear indicators, reflecting that MGF sale deed (Exhibit PW-1/2) showed inflate... |
1,179 | Comnr. Of Central Excise, Trichy Vs. Grasim Industries Ltd | the position, the arguments of the learned DR cannot be accepted. .........." 16. In our view, the Tribunal has completely misdirected itself. The term "brand name or trade name" is qualified by the words "that is to say". Thus, even though under normal circumstances a brand name or a trade name may have the meaning as... | 1[ds]9. We find some substance in thisis not just a legal submission but is based on a factual situation which would require checking. After a full hearing this Court is not going to adjourn this case. As no such contention was taken earlier by filing any Affidavit in Reply we do not propose to dismiss these Appeals on... | 1 | 4,864 | ### 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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the position, the arguments of the learned DR cannot be accepted. .........." 16. In our view, the Tribunal has completely misdirected itself. T... |
1,180 | COMMISSIONER OF CENTRAL EXCISE AND SERVICE TAX Vs. ADITYA BIRLA NUVO LTD. AND OTHERS | necessary to go into the same as we find that the case is squarely covered by a Constitution Bench judgment of this Court in Ujagar Prints Vs. Union of India (UOI) and Others etc. etc., . By the aforesaid judgment dated 27.01.1989 passed by the Constitution Bench in Civil Misc. Petition that was filed for clarification... | 0[ds]3. The aforesaid processes undertaken by all these three Assessees fall within the processes that are mentioned in the Notification and there is no dispute about it.We may mention at this stage that though the Tribunal has undertaken a detailed discussion on this aspect holding that this would amount to purchase w... | 0 | 2,215 | ### 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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necessary to go into the same as we find that the case is squarely covered by a Constitution Bench judgment of this Court in Ujagar Prints Vs. Union of India (... |
1,181 | Panchanan Dhara & Others Vs. Monmatha Nath Maity (dead) thr. L.Rs. & Another | as all the courts have arrived at a finding of fact that the period for execution of the deed of sale had been extended. 32. Similarly, the applicability of the provisions of Section 29 of the Indian Contract Act having not been raised, the same cannot be permitted to be raised for the first time before this Court. Eve... | 0[ds]are of the opinion that the plea raised by the learned counsel for the Appellant that the suit was barred by limitation cannot be accepted as all the courts have arrived at a finding of fact that the period for execution of the deed of sale had been extendedSimilarly, the applicability of the provisions of Section... | 0 | 5,344 | ### Instruction:
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as all the courts have arrived at a finding of fact that the period for execution of the deed of sale had been extended. 32. Similarly, the applicabili... |
1,182 | The Commissioner of Income Tax - 6 Vs. M/S.Essel Propack Limited (Formerly Known As Essel Packaging Limited) | claim of the assessee.4. We have perused the original licence agreement and the modification. Under the terms of the agreement, the assessee as a licensee obtained only a nonexclusive licence which was restricted to the Territory of India to manufacture and use tube-making machines. The proprietary rights in the patent... | 0[ds]4. We have perused the original licence agreement and the modification. Under the terms of the agreement, the assessee as a licensee obtained only a nonexclusive licence which was restricted to the Territory of India to manufacture and usemachines. The proprietary rights in the patents continued to vest in the lic... | 0 | 1,857 | ### Instruction:
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claim of the assessee.4. We have perused the original licence agreement and the modification. Under the terms of the agreement, the assessee as a licensee ob... |
1,183 | State Of Tamil Nadu Vs. India Cements Ltd. | are not available the particulars of production/sales for prior three years shall be ascertained from the books of the dealers and Eligibility Certificate got amended to incorporate the particulars to avoid any dispute. As per decision of Tamil Nadu Taxation Special Tribunal in O.P.1229/1230/1231/98 dated 23.11.1998. M... | 0[ds]16. A conjoint reading of clauses 3(i) and (ii) of G.O.Ms.No.119 dated 13th April, 1994, and paragraph 5.3 of eligibility certificate dated 13th February, 1998 would show that the object of the conditions with reference to reaching of BPV is to ensure that the concerned unit achieves the highest production and sal... | 0 | 5,819 | ### Instruction:
Using the case data, forecast whether the court is likely to side with (1) or against (0) the appellant/petitioner.
### Input:
are not available the particulars of production/sales for prior three years shall be ascertained from the books of the dealers and Eligibility Certificate got amended to incor... |
1,184 | Mrs. Sanjana M. Wig Vs. Hindustan Petro Corp. Ltd | under Article 226 of the Constitution of India, the court should bear in mind the fact that the power to issue prerogative writs under Article 226 of the Constitution is plenary in nature and is not limited by any other provisions of the Constitution. The High Court having regard to the facts of the case, has a discret... | 0[ds]Ordinarily, when a dispute between the parties requires adjudication of disputed question of facts wherefor the parties are required to lead evidence both oral and documentary which can be determined by a domestic forum chosen by the parties, the Court may not entertain a writ application13. However, access to jus... | 0 | 2,771 | ### 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:
under Article 226 of the Constitution of India, the court should bear in mind the fact that the power to issue prerogative writs under ... |
1,185 | Sabal Singh and Others Vs. State of Rajasthan | cultivation. This means that Banta Singh and Hajura Singh, were in actual cultivating possession in the statute of tenants. But in the Khasra Girdwari entries (P1 and P2) relating to the relevant period, Banta Singh or Hajura Singh are not shown in possession of the land in any capacity, whatever. 5. The above circumst... | 1[ds]In view of these facts, it can be said that the accused had a right to defend their possession and property. But the force used by them was recklessly excessive, and as such, they were rightly not given the benefit of Exception II to Section 300 I.P.C. Nevertheless, the circumstances showing that the appellants ha... | 1 | 2,169 | ### Instruction:
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cultivation. This means that Banta Singh and Hajura Singh, were in actual cultivating possession in the statute of tenants. But in the Khasra Girdwari e... |
1,186 | State Of Haryana Vs. Brij Lal Mittal | had expired. In this process the petitioners (the respondents before us) lost their right to get the sample re-analysed from the Central Drugs Laboratory. The petitioners counsel rightly alleges that a valuable right has lost and this caused prejudice to the petitioners." 7. At the risk of petition, we wish to emphasis... | 0[ds]5. From a bare perusal of sub-section (3) it is manifest that the report of the Government Analyst shall be evidence of the facts stated therein and such evidence shall be conclusive unless the person from whom the sample was taken or the person whose name, address or other particulars have been disclosed under Se... | 0 | 2,383 | ### Instruction:
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had expired. In this process the petitioners (the respondents before us) lost their right to get the sample re-analysed from the Central Drugs Laborato... |
1,187 | J.K. Steel Ltd Vs. Union Of India | duty of excise as is equivalent to the duty payable on the said article. Notifications Nos. 70, 77 and 89 exempted payment of excise duty on an article to the extent duty had been paid on the law material used in the manufacture of the article dutiable under entry 26AA. All these Notifications proceeded on the basis th... | 0[ds]29. For the purpose of interpreting the clause in question, reference may also be made to entry 63 (36) in the First Schedule to the Tariff Act. It may be remembered that that entry as well as entry 26AA in the First Schedule of the Act were enacted simultaneously under Finance (No. 2) Act, 1962. Both these entrie... | 0 | 10,837 | ### 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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duty of excise as is equivalent to the duty payable on the said article. Notifications Nos. 70, 77 and 89 exempted payment of excise duty on an article to the ... |
1,188 | The Commissioner of Income Vs. M/S. Geoffrey Manners & Company Limited | Oral Judgment: F.I. Rebello, J.These Appeals are in respect of assessment years 2001-2002 and 1996-97. The common question of law which would arise in both these Appeals reads as under:-"Whether on the facts and circumstances of the case and in law the Honble Tribunal was right in deleting the disallowance made by the ... | 0[ds]It would, thus be clear that the machinery purchased was not in respect of an on going business of the assessee, but in respect of the business which was going to be carried out in the future.In the instant case as the facts bear out, the advertisement was in respect of an ongong business of the assessee herein.4.... | 0 | 872 | ### 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)?
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Oral Judgment: F.I. Rebello, J.These Appeals are in respect of assessment years 2001-2002 and 1996-97. The common question of law which would arise in ... |
1,189 | United Palnters Asson. Of Southern India Vs. K.G. Sangameswaran | those cases where no evidence was recorded at the domestic enquiry and the principles of natural justice were violated. In addition to such cases, namely, cases in which an opportunity of hearing was not given to the employee or the principles of natural justice were, in any way, violated, the Appellate Authority shall... | 1[ds]23. In view of the above decisions, there remains no doubt that the Appellate Authority has jurisdiction to take evidence at the appellate stage and to come to its own conclusion about the guilt of the delinquent employee.24. If the instant case is analysed in the light of the principles laid down above, it will b... | 1 | 4,530 | ### Instruction:
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those cases where no evidence was recorded at the domestic enquiry and the principles of natural justice were violated. In addition to such cases, namely, case... |
1,190 | Ram Jiwan Singh Vs. Sis Ram and Another | question from Shri KhushiRam Agent.Yours faithfully,Sd. Mangal Sain 1-3-72, 11-3-72P.O.79, Govt. Pry. School.Dhani KhumbhawasBhorakalan.Seeking to explain this documents the witness said :I had written this document also. I was coerced to write this document 3 or 4 days after this incident a Gurgoan by Khushi Ram and S... | 0[ds]13. As for the document, RW 5/P 14, this document was not referred to in the election petition, nor was it mentioned in the list of reliance, and, as stated earlier, Returning Officer Ranjit Singh was not asked any question regarding the document which was addressed to him. It was brought out for the first time wh... | 0 | 5,438 | ### Instruction:
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question from Shri KhushiRam Agent.Yours faithfully,Sd. Mangal Sain 1-3-72, 11-3-72P.O.79, Govt. Pry. School.Dhani KhumbhawasBhorakalan.Seeking to explain th... |
1,191 | KARNATAKA RURAL INFRASTRUCTURE DEVELOPMENT LIMITED & ANR Vs. T.P. NATARAJA & ORS | 19. These decisions lead to a different dimension of the case that correction at the fag end would be at the cost of a large number of employees, therefore, any correction at the fag end must be discouraged by the court. The relevant portion of the judgment in Home Deptt.v. R. Kirubakaran [1994 Supp (1) SCC 155 : 1994 ... | 0[ds]8. So far as the appellant corporation is concerned, they adopted the provisions of the Act, 1974 by resolution dated 17.05.1991. Therefore, as such the request for change of date of birth as per the Act, 1974 as adopted by the appellant – corporation in the year 1991 was required to be made by respondent No.1 – e... | 0 | 4,791 | ### Instruction:
Interpret the case information and speculate on the court's decision: acceptance (1) or rejection (0) of the presented appeal.
### Input:
19. These decisions lead to a different dimension of the case that correction at the fag end would be at the cost of a large number of employees, therefore, any cor... |
1,192 | K. MEGHACHANDRA SINGH Vs. NINGAM SIRO | Pawan Pratap Singh & Ors. Vs. Reevan Singh & Ors.(Supra). These three judgments and several others with like enunciation on the law for determination of seniority makes it abundantly clear that under Service Jurisprudence, seniority cannot be claimed from a date when the incumbent is yet to be borne in the cadre. In ou... | 0[ds]33. As can be seen from above, the MPS Rules, 1965 never provided that seniority should be counted from the date of vacancy. For those covered by the MPS Rules 1965 the seniority for them will be reckoned only from the date of appointment and not from the stage when requisition for appointment was givenAt the outs... | 0 | 6,396 | ### 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:
Pawan Pratap Singh & Ors. Vs. Reevan Singh & Ors.(Supra). These three judgments and several others with like enunciation on the law for determin... |
1,193 | Goverdhan Prasad and Others Vs. Management of Messrs Indian Oxygen Limited | 1. This appeal by special leave arises out of an order of the Labour Court, Delhi in L.C.A. No. 7/77 by which the application made by the ten workmen employed by the respondent-Indian Oxygen Ltd. (Company of short) and stationed at Ghaziabad under S.33C(2) of the Industrial Disputes Act was rejected upholding the preli... | 1[ds]4. It was not disputed that for all administrative and managerial control, workmen stationed at Ghaziabad are part and parcel of the staff employed in Delhi Branch. And this ought to be so because Ghaziabad is hardly at a distance of 20 kms from Delhi. Secondly, the price structure prevalent in Delhi and Ghaziabad... | 1 | 940 | ### 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:
1. This appeal by special leave arises out of an order of the Labour Court, Delhi in L.C.A. No. 7/77 by which the application made by the ten workmen employed... |
1,194 | Commissioner of Income Tax Vs. Tata Iron & Steel Company Limited | 1. Although several questions of law were raised before the High Court, we are here concerned only with the following two questions "(2) Whether on the facts and in the circumstance of the case, and having regard to the fact that the net gain of Rs. 48, 984 was made by the assessee-company from fluctuations in the rate... | 0[ds]4. Coming to the questions raised, we find it difficult to follow how the manner of repayment of loan can affect the cost of the assets acquired by the assessee. What is the actual cost must depend on the amount paid by the assessee to acquire the asset. The amount may have been borrowed by the assessee. But even ... | 0 | 794 | ### 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:
1. Although several questions of law were raised before the High Court, we are here concerned only with the following two questions "(2) Whether on the facts ... |
1,195 | Controller Of Estate Duty, Kerala Vs. M/S. R.V. Vishwanathan & Ors | donor had given. The benefit the donor had as a member of the partnership was not a benefit referable in any way to the gift but was unconnected therewith.Coming to the facts of this case, we find that according to the agreed statement of the case, the deceased transferred the sum of Rs. 45, 000 from his persona accoun... | 0[ds]In the right of the finding that the deceased transferred six-sevenths share in the business in favour of the sons and retained only one- seventh share, no question can possibly arise for the inclusion of the said six-sevenths share or of the amount of Rs. 2, 70, 000 in the estate of the deceased. The transfer of ... | 0 | 6,075 | ### 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:
donor had given. The benefit the donor had as a member of the partnership was not a benefit referable in any way to the gift but was unconnected therew... |
1,196 | State Of Gujarat Vs. Essar Oil Ltd. | on such stand, the High Court remanded the suit for trial. Thereafter the respondent therein tried to urge the same plea of irrevocable license before the Trial Court and this Court. This Court did not accept the plea holding that the common law doctrine of approbation and reprobation is well established in our jurispr... | 1[ds]78. Coming to the first question, as mentioned above, it is clear that the appellant had also challenged this restraining order before this Court. It cannot be said by this restrainingthe appellant hadgained any undue advantage. On the contrary, twin objects of development of the backward areas and employment oppo... | 1 | 8,848 | ### Instruction:
Delve into the case proceeding and predict the outcome: is the judgment expected to be in support (1) or in denial (0) of the appeal?
### Input:
on such stand, the High Court remanded the suit for trial. Thereafter the respondent therein tried to urge the same plea of irrevocable license before the Tr... |
1,197 | Uberoi Mohinder Singh and Associatesv. State of Haryana and Others,. With Doon Construction Company Vs. State of Haryana and Others | heard learned counsel for the parties at length. From a perusal of the entire correspondence placed on record we are fully convinced that there was no fault on the part of the appellant and he was insisting even before the execution of the agreement dated May 26, 1977 that the quarry of Yamuna sand be handed over after... | 1[ds]9. We have heard learned counsel for the parties at length. From a perusal of the entire correspondence placed on record we are fully convinced that there was no fault on the part of the appellant and he was insisting even before the execution of the agreement dated May 26, 1977 that the quarry of Yamuna sand be h... | 1 | 3,898 | ### 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:
heard learned counsel for the parties at length. From a perusal of the entire correspondence placed on record we are fully convinced that there wa... |
1,198 | J.Y. Kondala Rao & Ors Vs. Andhra Pradesh State Road Transport Corpn. & Ors | the bracketing of the number of vehicles between two or more routes contravened the provisions of R. 4.Though the order of the Minister only contains a direction, the apportionment of the vehicles between the routes was not made by the State Transport Authority, but only by the State Transport Authority, but only by th... | 0[ds]6. Re. (1): The first contention does not now merit a detailed consideration as it has been considered and rejected by this Court in H. C. Narayanappa v. State of Mysore, Petn. No. 2 of 1960, D/- 28-4-1960: (AIR 1960 SC 1073 ). In that case, after considering the question, Shah, J., speaking for this Court, observ... | 0 | 7,957 | ### Instruction:
Interpret the case information and speculate on the court's decision: acceptance (1) or rejection (0) of the presented appeal.
### Input:
the bracketing of the number of vehicles between two or more routes contravened the provisions of R. 4.Though the order of the Minister only contains a direction, t... |
1,199 | Sri Jagadguru Kari Basavarajendraswami Of Gavimutt Vs. Commissioner Of Hindu Religious Charitable Endowments | that the fundamental rights guaranteed by the Constitution are not retrospective in operation; but that he says, is no answer to his plea, because the deprivation of his property rights is taking place for the first time in 1952 and as such it is open to the challenge that it is invalid on the ground that it contravene... | 0[ds]9. We are not impressed by this argument. It is no doubt true that S. 103(d) provides that a scheme settled or modified by a Court under the earlier Act shall be deemed to have been settled or modified under the latter Act, but the effect of this provision merely is to make the schemes in question operative as tho... | 0 | 3,918 | ### 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:
that the fundamental rights guaranteed by the Constitution are not retrospective in operation; but that he says, is no answer to his plea, because the ... |
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