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300 | J. N. Sharma Vs. H.H. Vijayakuverba Maharani Of Morvi And Others | would, if he had not died, have been liable to pay expenditure tax. This is not denied. But counsel for the respondent said that S. 18 of the Expenditure-tax Act does not bring within the net of taxation cases of persons who died before the Act was brought into force: it only sets up machinery for enforcing liability a... | 1[ds]9. We are unable to agree with this contention. The expression "where a person dies" standing by itself in S. 18 does not suggest that thereby it was intended to refer only to death of the person liable after the Act was brought into force and read with the remaining clauses in the context of sub-sections (2) and ... | 1 | 3,313 | ### Instruction:
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would, if he had not died, have been liable to pay expenditure tax. This is not denied. But counsel for the respondent said that S. 18 ... |
301 | THE PROJECT OFFICER, SINGARENI COLLERIES COMPANY LTD Vs. B. KOMARAIAH AND OTHERS | Rajendra Babu, J. 1. Leave granted. In respect of certain lands acquired for the purpose of Singareni Colleries Company Limited, a Government company, the Land Acquisition Officer fixed the market value at Rs. 4,000/- per acre for dry land and Rs. 6,000/- per acre for wet land. The aggrieved claimants obtained a refere... | 1[ds]When that question is yet to be adjudicated, it would be in fitness of things that an interim order been granted by the High Court and, particularly when the claimants appeal against the order made by the learned single Judge in the writ petition having stood dismissed by another Division Bench, it was not appropr... | 1 | 684 | ### Instruction:
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Rajendra Babu, J. 1. Leave granted. In respect of certain lands acquired for the purpose of Singareni Colleries Company Limited, a Government company, the Land Acqu... |
302 | Punjab State Civil Supplies Corporation Ltd & Anr Vs. M/s Ramesh Kumar and Company & Ors | In the written statement filed by the appellants, the defence was that the supply effected by the respondents was sub-standard and not in accordance with the specifications of the tender. After recording evidence, the sole arbitrator rejected the claim. After considering the evidence of the witness for the claimant and... | 1[ds]10. The Single Judge of the High Court was exercising jurisdiction under Section 37 of the 1996 Act. The award of the sole arbitrator dated 20 December 2005 contains an analysis of the evidence. Both the respondents as well as the appellants adduced evidence before the arbitral tribunal. It was on the basis of the... | 1 | 1,504 | ### Instruction:
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In the written statement filed by the appellants, the defence was that the supply effected by the respondents was sub-standard and not in accordance with the specifications of the te... |
303 | K. P. Chowdhary Vs. State Of Madhya Pradesh & Ors | provision was that the State should not be burdened with liability based on unauthorised contracts. The provision was made in public interest and so the word "shall" used therein must be held to make it obligatory and not directory. Further the case of Chaturbhuj Vithaldas Jasani v. Moreshwar Prashram, 1954 SCR 817 : (... | 1[ds]10. What was said in these cases with respect to S. 175 (3) ofthe Government of India Act, 1935, applies with equal force to Article 299 (1) of the Constitution. Two consequences follow from these decisions. The first is that in view of Article 299 (1) there can be no implied contract between the Government and an... | 1 | 2,838 | ### Instruction:
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provision was that the State should not be burdened with liability based on unauthorised contracts. The provision was made in public interest and so the word "shall" u... |
304 | Laxman Lal(Dead)Through Lrs. Vs. State Of Rajasthan | We find that a very valuable right conferred on the land owner/person interested under Section 5-A has been taken away without any justification. It is so because the bus stand construction would have taken some time. The exercise of the power by the state government under section 17(1) read with Section 17(4) of the 1... | 1[ds]23. In light of the above legal position which is equally applicable to Section 17(1) and (4) of the 1953 Act, we may turn to the fact situation of the present matter. Section 4(5) notice under the 1953 Act was issued by the state government in 1980. For almost seven years, no steps were taken in taking the acquis... | 1 | 7,024 | ### Instruction:
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We find that a very valuable right conferred on the land owner/person interested under Section 5-A has been taken away without any justification. It is so because the bus stand construc... |
305 | Manish Mohan Sharma Vs. Ram Bahadur Thakur Ltd. | Kale vs. Deputy Director of Consolidation 1976 (1) SCR 202, 122, 123, 125). The courts lean heavily in favour of family arrangements and, "matters which would be fatal to the validity of similar transactions between strangers are not objections to the binding effect of family arrangements". This view has been reiterate... | 1[ds]34. In our opinion both the Company Law Board and the High Court erred in refusing to execute the order dated 19th August, 1999 under Section 634A of the Companies Act. They have thereby failed to exercise the jurisdiction with which they were vested. The failure is heightened given the nature of the order which t... | 1 | 6,066 | ### Instruction:
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Kale vs. Deputy Director of Consolidation 1976 (1) SCR 202, 122, 123, 125). The courts lean heavily in favour of family arrangements and, "matte... |
306 | SHRI RAM MANDIR INDORE Vs. THE STATE OF MADHYA PRADESH | right has been shown as Shri Ram Mandir Devsthan. As per Ex.-P19, land of Mundala Sondhiya has been given to the pujari of Shri Ram Mandir Devsthan. As per Ex.-P18, the land of Pipalya Dhuma is the land of Inam Devsthan Shri Ram Mandir. As per Ex.-P17, the land of village Rabaniya has been given to Devsthan Shri Ram Ma... | 0[ds]11. Even at the outset, it is to be pointed out that the very cause title of the plaint is misleading. The description of the appellant temple Shri Ram Mandir is couched in such a manner as if Shri Ram Mandir is represented by its Manager Ram Das. The respondent-State claims that Shri Ram Mandir is a public temple... | 0 | 4,786 | ### Instruction:
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right has been shown as Shri Ram Mandir Devsthan. As per Ex.-P19, land of Mundala Sondhiya has been given to the pujari of Shri Ram Mandir Devsthan. As per Ex.... |
307 | Oriental Insurance Co. Ltd Vs. Deo Patodi | Bidya Dhar Dutta & Ors. [(2006) 3 SCC 242] this court deducted 1/3rd from the earnings of the deceased inter alia holding: "...It is by now well settled that the compensation should be the pecuniary loss to the dependants by the death of a person concerned. While calculating the compensation, annual dependency of the d... | 0[ds]10. The Tribunal and the High Court, however, in our opinion, keeping in view the aforementioned backdrop might not be correct in holding that he would have earned only Rs.18,000/per month. It is true that the cost of living in the western countries would be higher. The standard of living in the western countries ... | 0 | 3,608 | ### Instruction:
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Bidya Dhar Dutta & Ors. [(2006) 3 SCC 242] this court deducted 1/3rd from the earnings of the deceased inter alia holding: "...It is by now well settled that t... |
308 | Union of India & Ors Vs. Ashish Agarwal | M. R. Shah, J. Leave granted in SLP (C) Nos. 6448/2022, 5381/2022, 5079/2022, 6092/2022, 6534/2022, 6158/2022, 6316/2022, 6281/2022, 6545/2022, 6038/2022. 1. Feeling aggrieved and dissatisfied with the impugned common judgment and order passed by the High Court of Judicature at Allahabad in Writ Tax No. 524/2021 and ot... | 1[ds]7. Thus, the new provisions substituted by the Finance Act, 2021 being remedial and benevolent in nature and substituted with a specific aim and object to protect the rights and interest of the assessee as well as and the same being in public interest, the respective High Courts have rightly held that the benefit ... | 1 | 606 | ### Instruction:
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M. R. Shah, J. Leave granted in SLP (C) Nos. 6448/2022, 5381/2022, 5079/2022, 6092/2022, 6534/2022, 6158/2022, 6316/2022, 6281/2022, 6545/2022, 60... |
309 | B.L. PASSI Vs. COMMISSIONER OF INCOME TAX (XI) | facts of the case at hand, it is evident from record that the major information sent by the Appellant to the Sumitomo Corporation was in the form of blue prints for the manufacture of dies for stamping of doors. Several letters were exchanged between the parties but there is nothing on record as to how this blue print ... | 0[ds]The blue prints made available by the Appellant to the Corporation can be considered as technical assistance provided by the Appellant to the Corporation in the circumstances if the description of the blue prints is available on record. The said blue prints were not even produced before the lower authorities. In s... | 0 | 3,225 | ### Instruction:
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facts of the case at hand, it is evident from record that the major information sent by the Appellant to the Sumitomo Corporation was in the form ... |
310 | National Insurance Co.Ltd Vs. Rattani | company to prove breach of conditions of the insurance policy and the same having not been done, the judgment of the Tribunal cannot be assailed.In this connection our attention has been drawn to the following findings of the Tribunal :- "In the present case the evidence on record indicates that deceased Sunil Kumar an... | 1[ds]Ordinarily we would not have entered into the realm of appreciation of evidence but as the High Court failed and/or neglected to do so, we have no other option but to undertake the job of the High Court. The first information report which was brought on record, clearly proceeded on the basis that the deceased and ... | 1 | 2,025 | ### Instruction:
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company to prove breach of conditions of the insurance policy and the same having not been done, the judgment of the Tribunal cannot be assailed... |
311 | Saran Dass and Others Vs. Chief Settlement Commissioner, Punjab and Others | units of lands in village Mallewala, Tehsil Sirsa, District Hissar, in lieu of lands abandoned by him in five villages in Tehsil Depalpur, District Montgomery. This was done on this application as Mahant Gaddinashin of an institution known as "Gaddi Kacha Pacca" in Tehsil Depalpur. According to him, he had re-establish... | 0[ds]3. It appears that the institution had lands in more than one place one such being at village Kacha Pacca and the other in three different villages in which the name of the Mahant was recorded as Muafidar. The case could have been argued in the High Court that in respect of the lands which were recorded in his nam... | 0 | 1,114 | ### Instruction:
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units of lands in village Mallewala, Tehsil Sirsa, District Hissar, in lieu of lands abandoned by him in five villages in Tehsil Depalpur, District Montgomery... |
312 | M/s. Gem Granites Vs. Commissioner of Income Tax, Tamil Nadu | There was no ambiguity in Sec. 80-HHC (2)(b) prior to its amendment. It does not in any event appear that the Government had sought to grant blanket incentive to all exports. There is in the circumstances no warrant for reading the word minerals as occurring in Section 80 HHC in any other manner or in any restricted se... | 0[ds]16. An argument founded on what is claimed to be the intention of Parliament may have appeal but a Court of law has to gather the object of the Statute from the language used. What one may believe or think to be the intention of Parliament cannot prevail if the language of the Statute does not support that view. I... | 0 | 3,558 | ### Instruction:
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There was no ambiguity in Sec. 80-HHC (2)(b) prior to its amendment. It does not in any event appear that the Government had sought to grant blanket incentive... |
313 | Gurcharan Prasad & Ors Vs. P.Krishnanand Giri & Anr. Etc | was the temple and must be an endowed property. In paragraph 189 of his judgment the learned Subordinate Judge refers to Ex. 38 i e. a deed of 1868 executed by Devi Dayalgir endowing the village Narina or Nirbhan in the Math i. e. item No. 42 of Schedule of the plaint. No argument was advanced to show that the learned ... | 1[ds]14. A scrutiny of the above document would lead to the inference that the Mahant was treating himself as the absolute owner of all the properties admitting no claim thereto by any one excepting his disciples and their disciples of the same status as Gauri Gir, the donee. The Math and the grove alone were to be tre... | 1 | 8,794 | ### Instruction:
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was the temple and must be an endowed property. In paragraph 189 of his judgment the learned Subordinate Judge refers to Ex. 38 i e. a deed of 1868 executed by... |
314 | M/S Magnum Promoters P.Ltd Vs. Union Of India | been done in view of the interim order referred to supra and also the same has not been done in the presence of independent witnesses as required in law. 18. Further, this Court held at para 26 in Raghuvir Singh Sehravat’s case (supra) as under:- “26. Bhagwati, J. (as he then was) and Gupta, J., who constituted the maj... | 1[ds]Thus, it is clear from the said document available on record that the possession of the building structure situated on theland was not taken by him on 27.12.2013. As per the possession memo available in the record, it is recorded in the said proceeding that the further action for taking over possession in respect ... | 1 | 6,016 | ### Instruction:
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been done in view of the interim order referred to supra and also the same has not been done in the presence of independent witnesses as required in law. 18.... |
315 | B.M. Malani Vs. Commr. of Income Tax & Another | Phrases Permanent Edition Vol. 18 and Blacks Law Dictionary. It was furthermore submitted that had the shares and securities been sold when the request therefor was made, which was worth Rs. 30 lakhs at the relevant time, the tax burden of the appellant would have been reduced; particularly when after adjusting the amo... | 1[ds]The ingredients of genuine hardship must be determined keeping in view the dictionary meaning thereof and the legal conspectus attending thereto. For the said purpose, another well--known principle, namely, a person cannot take advantage of his own wrong, may also have to be borne in mind. The said principle, it i... | 1 | 2,768 | ### Instruction:
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Phrases Permanent Edition Vol. 18 and Blacks Law Dictionary. It was furthermore submitted that had the shares and securities been sold when the request therefor was ma... |
316 | Gulabdas & Company & Anr Vs. Assistant Collector Of Customs & Ors | treatment. It may be stated here that, prior to 1st March 1951, coloured and copying pencils were included under the head stationery not otherwise specified in item 45 (4) of the Indian Customs Tariff. By the Indian Tariff (Amendment) Act, 1951, (Act XIII of 1951) item 45 (a) was inserted and this specifically related ... | 0[ds]6. At first sight, the last two grounds stated above apparently seem to involves question of enforcement of fundamental rights, for which purpose the petitioners have the guaranteed right to move this court by appropriate proceedings under Art. 32 of the Constitution. On a closer examination, however, it will appe... | 0 | 3,411 | ### Instruction:
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treatment. It may be stated here that, prior to 1st March 1951, coloured and copying pencils were included under the head stationery not otherwise specified ... |
317 | Workmen of Assam Match Company Limited Vs. Presiding Officer, Labour Court, Assam and Another | High Court of Assam under Art. 226 of the Constitution on the December 18, 1961. The High Court however, summarily rejected the said application on the December 19, 1961. Thereafter the appellants moved the High Court for leave to appeal to this Court, but the said application was dismissed on the July 4, 1962. The app... | 1[ds]5. In our opinion, the answer to the question raised by the appellants must unhesitatingly be given in their favour. It isthat where in an industrial dispute arising out of a dismissal of a workman, it is established that the impugned dismissal was unjustified, normal rule is that the dismissed workman should be r... | 1 | 2,259 | ### Instruction:
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High Court of Assam under Art. 226 of the Constitution on the December 18, 1961. The High Court however, summarily rejected the said application on the December 19, 1961. Ther... |
318 | Indian Oxygen Ltd Vs. Workmen | Mr. Banerji, W. W. 1, who was a Chartered Accountant. In chief examination he has stated that under the Act the amount claimed the appellant as doubtful debts has to be added back for ascertaining the gross-profits. He has further stated that under the Income-tax Act, Provision for doubtful debts cannot be deducted in ... | 1[ds]Going by a very strict interpretation of the language of the provisions relied on by Mr. G. B. Pai, his argument, no doubt, looks attractive. But from the other proceedings, to which we will refer immediately, it will be seen that the approach made by the Tribunal is correct. In the Schedule to the balance-sheet a... | 1 | 8,899 | ### Instruction:
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Mr. Banerji, W. W. 1, who was a Chartered Accountant. In chief examination he has stated that under the Act the amount claimed the appellant as ... |
319 | DIRECTOR OF INCOME TAX-II (INTERNATIONAL TAXATION) NEW DELHI & ANR Vs. M/S SAMSUNG HEAVY INDUSTRIES CO. LTD | as is attributable to that permanent establishment. 24. At this stage, it is important to go into some of the documents that were relied upon by the ITAT. The application submitted by the Assessee to the RBI dated 24.04.2006 for opening a project office, reads as follows: Letter dated 24 th April 2006 General Manager R... | 0[ds]17. Some of the judgments of this Court have dealt with similar double taxation avoidance treaty provisions and therefore need to be mentioned at this juncture. In Morgan Stanley & Co. Inc. (supra), the Double Taxation Avoidance Agreement (1990) between India and the United States of America was construed. The fac... | 0 | 7,910 | ### Instruction:
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as is attributable to that permanent establishment. 24. At this stage, it is important to go into some of the documents that were relied upon by the ITA... |
320 | Chandrana & Co Vs. State Of Mysore | have power on the date of the enactment and that its competency at some anterior time is immaterial. In other words, the contention was that if the Mysore Legislature had no power on February 27, 1964 to impose tax on sales of declared goods at a rate in excess of that specified in Section 15 of the Central Sales Tax a... | 0[ds]19. We do not think that the above proposition has any application to the case in hand. The question here is whether Mysore Legislature was competent in 1964 to impose tax on sales of textiles during the assessment period namely from October 1, 1957 to March 31, 1958 at a rate in excess of that specified in Sectio... | 0 | 3,221 | ### Instruction:
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have power on the date of the enactment and that its competency at some anterior time is immaterial. In other words, the contention was that if the Mysore Legi... |
321 | Hari Chand Madan Gopal And Others Vs. State Of Punjab | the appellants. The letter says that the Clearing Agents were unable to pay the amounts debited to the Joint accounts of the Punjab Government before March, 1948, because they had been uprooted from West Punjab where they had huge property worth Rs. 27 lakhs in the shape of mills, agricultural lands and other movable a... | 1[ds]we are of opinion that the two Orders did not over-lap. They operated in different fields. Clause 8 (2), (3) and (4) of the Governor-Generals Order dealt with any contract made "on behalf of the Province of West Bengal", "the Province of Punjab" and the "Province of Assam" before the appointed day. Clauses 2, 3, 4... | 1 | 6,583 | ### Instruction:
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the appellants. The letter says that the Clearing Agents were unable to pay the amounts debited to the Joint accounts of the Punjab Government before March, 1948, because they... |
322 | Kedar Nath Lal & Another Vs. Ganesh Ram & Others | he overlooked that a mortgaged award had to be passed. On August 16, 1934 he ordered that an award jointly with sureties be issued. However, on September 2, 1934, he corrected his earlier order thus :"S. 1.6 read along with Section 1.5. By mistake of the 2nd Assistant simple award was issued instead of mortgage award. ... | 1[ds]10. Before we deal with these two points it may be mentioned at once that neither ground of appeal applies to the transfers by Sheonarain who was not a mortgagor and who was not affected by the release deed made by the Society.C. B. Aggarwal frankly conceded that the transfer by him could not be assailed and must ... | 1 | 3,499 | ### Instruction:
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he overlooked that a mortgaged award had to be passed. On August 16, 1934 he ordered that an award jointly with sureties be issued. However, on September 2, 1... |
323 | R. KRSNA MURTII Vs. R. R. JAGADESAN | DINESH MAHESHWARI, J. 1. Leave granted. 2. We have heard the appellant appearing in person and the learned counsel appearing for the sole respondent. 3. Shorn of unnecessary details, the relevant aspects of the present matter are that the appellant herein had been the power of attorney holder of his mother, who had fil... | 1[ds]9. Having examined the matter in its totality and having given thoughtful consideration to the rival submissions, we are unable to approve the orders impugned.10. Leaving aside any other aspect of the matter, it is but apparent that the appellant is admittedly the son of the deceased plaintiff. Thus, his entitleme... | 1 | 739 | ### Instruction:
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DINESH MAHESHWARI, J. 1. Leave granted. 2. We have heard the appellant appearing in person and the learned counsel appearing for the sole respondent. 3. Shorn of un... |
324 | Upper Ganges Valley Electricity Supply Company Ltd Vs. U.P. Electricity Board | purchases price". Under the relevant part of sub-section (2) of that section, the market value of an undertaking is to be the value of all lands, buildings, works etc. other than "service lines ..............which have been constructed at the expense of consumers". The appellants undertaking having been acquired on 4/5... | 1[ds]22. The reason for this error may easily be this : Under Section 7 of the Act to which we have called attention, the licensee was entitled to the "payment of the value of all lands, buildings, works" etc. This section, along with certain others, was amended by the Electricity (Amendment) Act, 32 of 1959, which cam... | 1 | 3,997 | ### Instruction:
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purchases price". Under the relevant part of sub-section (2) of that section, the market value of an undertaking is to be the value of all lands, buildings, works etc.... |
325 | Amarnath Ashram Trust Society Vs. Governor Of U.P. | Land Acquisition Officer, Bombay v. Godrej and Boyce, 1988(1) RRR 403. In that case this Court examined the nature and extent of the power of the Government to withdraw from acquisition after issuance of notification under section 4 of the Act. In that case the State Government had passed an order under section 48 of t... | 1[ds]6. It is now well established that if the cost of acquisition is borne either wholly or partly by the Government, the acquisition can be said to be for a public purpose within the meaning of the Act. But if the cost is entirely borne by the company then it is an acquisition for a company under part VII of thestate... | 1 | 2,922 | ### Instruction:
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Land Acquisition Officer, Bombay v. Godrej and Boyce, 1988(1) RRR 403. In that case this Court examined the nature and extent of the power of the Government to with... |
326 | Anjan Kumar Sarma & Others Vs. State of Assam | of the appellants having been seen last together with the deceased. But it is settled law that the only circumstance of last seen will not complete the chain of circumstances to record the finding that it is consistent only with the hypothesis of the guilt of the accused and, therefore, no conviction on that basis alon... | 1[ds]15. It is no more res integra that suspicion cannot take the place of legal proof for sometimes, unconsciously it may happen to be a short step between moral certainty and the legal proof. At times it can be a case of "may be true." But there is a long mental distance between "may be true" and "must be true" and t... | 1 | 5,162 | ### Instruction:
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of the appellants having been seen last together with the deceased. But it is settled law that the only circumstance of last seen will not complete the chain of circumstances ... |
327 | Ponusamy Vs. State of Tamil Nadu | it unusual to find fractures of the hyoid bone in a person under the age of 40 years. As stated, even in older people in which ossification is incomplete, considerable violence may leave this bone intact. This view is confirmed by Green. He gives interesting figures : in 34 cases of manual strangulation the hyoid was f... | 0[ds]11. The relationship of the appellant with that of the deceased is not in dispute. That they were married and immediately thereafter started living in the house of P-1 is also not denied or disputed. It further stands established that PW-2 is the husband of Rukmani, another daughter of PW-1. It has also not been d... | 0 | 4,501 | ### Instruction:
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it unusual to find fractures of the hyoid bone in a person under the age of 40 years. As stated, even in older people in which ossification is i... |
328 | Bacha F. Guzdar Vs. Commissioner Of Income-Tax, Bombay | sum of money ..............................."19. It was suggested that the dividend arises out of the profits accruing from land and is impressed with the same character as the profits and that it does not change its character merely because of the incident that it reaches the hands of the shareholder. This argument ru... | 0[ds]The proper approach to the solution of the question is to concentrate on the plain words of the definition of agricultural income which connects in no uncertain language revenue with the land from which it directly springs and a stray observation in a case which has no bearing upon the present question does not ad... | 0 | 3,439 | ### Instruction:
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sum of money ..............................."19. It was suggested that the dividend arises out of the profits accruing from land and is impressed with t... |
329 | Monnet Ispat & Energy Ltd. & Others Vs. Union of India & Others | of the power plant within a variation not exceeding ten percent;"Reading of the aforesaid Rule makes it clear that to be classified as `captive generating plant under Section 9 read with Section 2(8) of the Act of 2003, a power plant has to fulfil certain conditions; firstly, 26% of the ownership of the plant must be h... | 1[ds]8. It is apparent from the provisions that generating plants are to be regulated as per the provisions of the Act, Rules andof the aforesaid Rule makes it clear that to be classified as `captive generating plant under Section 9 read with Section 2(8) of the Act of 2003, a power plant has to fulfil certain conditio... | 1 | 3,812 | ### Instruction:
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of the power plant within a variation not exceeding ten percent;"Reading of the aforesaid Rule makes it clear that to be classified as `captive generat... |
330 | L. Janakirama Iyer Vs. P.M. Nilakanta Iyer | really concerned with the narration of the relevant facts and it purports to summarise the effect of the decree and nothing more. Besides, the use of the words "mesne profits" in the context is obviously the result of inadvertence because the decree of the trial court had in the relevant clause used the words "net prof... | 0[ds]The plaint sets out all the material facts which constitute the background to the present litigation, makes material allegations in respect of all the alienations impeached in the plaint, and by paragraph 35 it prays, inter alia, that schedules I toand VIII should be adjudged as still impressed as trust imposed on... | 0 | 8,853 | ### Instruction:
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really concerned with the narration of the relevant facts and it purports to summarise the effect of the decree and nothing more. Besid... |
331 | Krishna Biharilal Vs. Gulabchand Am Ors | that Pattobai had an absolute estate in a portion of the suit properties; this cannot be said to be a representation of a fact and therefore the same cannot form any basis for invoking the rule of estoppel. We are unable to accept this contention. From the facts set out earlier, it is clear that Bulakichand claimed the... | 1[ds]4. The ordinary rule of construction of a document is to give effect to the normal and natural meaning of the words employed in the document. The compromise deed specifically says that the properties given to Pattobai were to be enjoyed by her as "Malik Mustakil. The meaning of the expression "Malik Mustakil" an u... | 1 | 2,843 | ### Instruction:
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### Input:
that Pattobai had an absolute estate in a portion of the suit properties; this cannot be said to be a representation of a fact and therefore the same cannot f... |
332 | Delta International Ltd Vs. Shyam Sunder Ganeriwalla | from the date thereof. Admittedly, sub-lease is not granted and the amount of Rs. 2,50,000/- as agreed is also not paid by anyone.24. Hence, even though it is not necessary to discuss, however, we would briefly refer to other decisions upon which learned Counsel for the parties relied upon. Learned Counsel for the resp... | 1[ds]9. Intention of the parties to an instrument must be gathered from the terms of the agreement examined in the light of the surrounding circumstances. The description given by the parties may be evidence of the intention but is not decisive. Mere use of the words appropriate to the creation of a lease will not prec... | 1 | 9,575 | ### Instruction:
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from the date thereof. Admittedly, sub-lease is not granted and the amount of Rs. 2,50,000/- as agreed is also not paid by anyone.24. Hence, eve... |
333 | Prag Ice and Oil Mills and Another Vs. Union of India | and inconvenience, but the ultimate savings in the cost of the finished product could more than balance that inconvenience. The argument of the petitioners really amounts to a rigid insistence that they are entitled to carry on their business as they please, mostly in a traditional manner, regardless of its impact on p... | 0[ds]But it makes no distinction whatsoever between any grants of powers and their exercise. Powers are granted or conferred so as to be exercised and not to be kept in cold storage for purpose s of some kind of display only as though they were exhibits in a show case not meant for actual use. The whole object of a pro... | 0 | 18,382 | ### Instruction:
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and inconvenience, but the ultimate savings in the cost of the finished product could more than balance that inconvenience. The argument of the petitioners r... |
334 | World Sport Group (Mauritius) Ltd Vs. Msm Satellite(Singapore) Pte. Ltd | Convention to which Section 45 of the Act applies. In the case of such arbitrations covered by the New York Convention, the Court can decline to make a reference of a dispute covered by the arbitration agreement only if it comes to the conclusion that the arbitration agreement is null and void, inoperative or incapable... | 1[ds]20. We are unable to accept the first contention of Mr. Venugopal that as Clause 9 of the Facilitation Deed provides that any party may seek equitable relief in a court of competent jurisdiction in Singapore, or such other court that may have jurisdiction over the parties, the Bombay High Court had no jurisdiction... | 1 | 9,610 | ### Instruction:
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Convention to which Section 45 of the Act applies. In the case of such arbitrations covered by the New York Convention, the Court can decline to make a refer... |
335 | M/s. Jayaswal Neco Ltd Vs. Commnr. of Central Excise, Raipur | 13, in the manufacture of goods. Building materials used as raw materials for construction of “plant” cannot be said to be used as plant in the manufacture of goods. The Legislature has contemplated that the goods to qualify under s. 8(3)(b) must be intended for use as raw materials or as plant, or as equipment in the ... | 1[ds]In the instant case, the manner in which railway track materials have been used by the appellant was explained by the appellant before the Commissioner and veracity thereof was accepted by the Commissioner. Therefore, without any fear of contradiction, we may note the exact process that israilway tracks used in tr... | 1 | 3,055 | ### Instruction:
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13, in the manufacture of goods. Building materials used as raw materials for construction of “plant” cannot be said to be used as plant in the manufacture of goods. The Legislature ... |
336 | Gaurav Nagpal Vs. Sumedha Nagpal | to the welfare of the minor. [See also Elizabeth Dinshaw (Mrs.) v. Arvand M. Dinshaw, (1987) 1 SCC 42 ; Chandrakala Menon (Mrs.) v. Vipin Menon (Capt), (1993) 2 SCC 6 ].42. When the court is confronted with conflicting demands made by the parents, each time it has to justify the demands. The Court has not only to look ... | 0[ds]35. The principles in relation to the custody of a minor child are well settled. In determining the question as to who should be given custody of a minor child, the paramount consideration is the ‘welfare of the child and not rights of the parents under a statute for the time being in force.36. The aforesaid statu... | 0 | 7,399 | ### Instruction:
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### Input:
to the welfare of the minor. [See also Elizabeth Dinshaw (Mrs.) v. Arvand M. Dinshaw, (1987) 1 SCC 42 ; Chandrakala Menon (Mrs.) v. Vipin Menon (Capt), (1993) ... |
337 | The Commissioner Of Income Tax,Bombay Vs. The Elphinstone Spinning Andweaving Mills Ltd | no charge could be imposed if the proviso was inapplicable (See p. 736). The provisions of Paragraph 7 of the Schedule as amended by S. 32 of the English Finance Act, 1947 were entirely different, and the proviso to S. 34 (2) of the English Act was held applicable. The scheme of the provisions we are interpreting is en... | 0[ds]If the section was there, its meaning could be taken from the words used there and not from a description of what it enacted, put parenthetically in another statute. The case cited is hardly in point14. There is no doubt that if the words of a taxing statute fail, then so must the tax. The Courts cannot, except ra... | 0 | 5,377 | ### Instruction:
Using the case data, forecast whether the court is likely to side with (1) or against (0) the appellant/petitioner.
### Input:
no charge could be imposed if the proviso was inapplicable (See p. 736). The provisions of Paragraph 7 of the Schedule as amended by S. 32 of the English Finance Act, 1947 wer... |
338 | Printers House Pvt. Ltd Vs. Saiyadan | evidence adduced in the case as to what was the actual value attributable to the working tube-well in the land and the electric connections. Here some amount of guesswork becomes inevitable to find the value of the working tube-well or its electrical connections. We feel that their value could be safely put at Rs 10, 0... | 0[ds]6.If the amount of compensation awardable for the lands acquired under the Act is required to be determined by a civil court, such amount of compensation has to be determined by taking into consideration the market value of the lands on the date of publication in Government Gazette, of the preliminary notification... | 0 | 10,878 | ### 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:
evidence adduced in the case as to what was the actual value attributable to the working tube-well in the land and the electric connections. Here some amount ... |
339 | Union Of India & Others Vs. M/S Chowgule & Co. Ltd. & Others | licence. 13. Paragraph 204 of Chapter XV of the new policy provides that in the case of exports made prior to 1.4.1990 against which REP licence was issued on or after 1.4.1990, the rate of import replenishment will be as admissible on the date of export but subject to the conditions laid down in 1998-1991 policy book.... | 0[ds]The application for the additional licence could be made only after the end of the fiscal year, as only thereafter the export house could know its entitlement. The High Court was, therefore, right in holding that the interpretation put by the authorities on the new policy in declining the claim of the respondents ... | 0 | 3,245 | ### 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:
licence. 13. Paragraph 204 of Chapter XV of the new policy provides that in the case of exports made prior to 1.4.1990 against which RE... |
340 | V. Nagappa Vs. Iron Ore Mines Cess Commissioner & Another | "the nature of the body to which delegation is made is also, a factor to be taken into consideration in determining whether there is sufficient guidance in the matter of delegation" (at 1244). According to the learned Chief Justice the fact that delegation was made to an elected body responsible to the people including... | 0[ds]13. In answer to the contention that the section furnishes no sufficient guidelines for exercising the discretion to fix the rate, and therefore, the section was bad on the ground of excessive delegation of legislative power, the Court said that the Act contained sufficient guidelines for the fixation of the rate ... | 0 | 3,684 | ### 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:
"the nature of the body to which delegation is made is also, a factor to be taken into consideration in determining whether there is sufficient guidanc... |
341 | Gurdit Singh Vs. Mst. Angrez Kaur Alias Gej Kaur Alias Malanand Others | a custom in the neighbouring districts, which surround the Jullundur District all around, is certainly a relevant consideration for an inference that such a custom may be prevalent in the Jullundur District also, particularly in view of Rattigans opinion that the custom is primarily tribal though also local. If the cus... | 0[ds]are unable to find any proposition laying down that, in the district of Jullundur, there is any custom among Hindu Jats permitting divorce as claimed by respondent No. 1. In fact, Rattigan leaves the question open by saying that it has been doubted whether such a custom exists in the Jullundur District. He also me... | 0 | 3,974 | ### Instruction:
Using the case data, forecast whether the court is likely to side with (1) or against (0) the appellant/petitioner.
### Input:
a custom in the neighbouring districts, which surround the Jullundur District all around, is certainly a relevant consideration for an inference that such a custom may be prev... |
342 | BANK OF BARODA Vs. KOTAK MAHINDRA BANK LTD | create a fresh period for enforcing the decree. 16. We clarify that for the purpose of this judgment we have used the expressions, cause country which will mean the country in which the decree was issued (in this case England), and forum country which would mean the country in which the decree is sought to be executed ... | 0[ds]From a bare reading of Section 44A CPC it is crystal clear that it applies only to money decrees and not to other decrees13. At the outset, we may note that we are not at all in agreement with the submission of Shri K.K. Venugopal that no limitation is applicable. These are not writ proceedings but execution proce... | 0 | 3,287 | ### Instruction:
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create a fresh period for enforcing the decree. 16. We clarify that for the purpose of this judgment we have used the expressions, cause country which will me... |
343 | A.R. Dahiya Vs. Securities & Exchange Board Of India&Ors | Target Company made by him during the twelve month period prior to the date of public announcement.13. The first issue that has to be addressed before us is whether the transaction of buy-back of shares which transpired between the Appellant and HSIDC was required to be disclosed in the public announcement dated 24.4.1... | 0[ds]is evident from a reading of the above Regulations that the buy-back transaction between the Appellant and HSIDC was incapable of triggering Regulation 10, as the said transaction was protected by Regulation 3. However, the acquisition of the entire share capital of Garg by the Appellant attracted Regulation 10 as... | 0 | 5,000 | ### 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:
Target Company made by him during the twelve month period prior to the date of public announcement.13. The first issue that has to be addressed be... |
344 | Bishnu Prasad Sinha Vs. State Of Assam | was observed as under: "Therefore, undue sympathy to impose inadequate sentence would do more harm to the justice system to undermine the public confidence in the efficacy of law and society could not long endure under such serious threats. It is, therefore, the duty of every court to award proper sentence having regar... | 0[ds]12. We may, at the outset, place on record that this is one of the rare cases where the witnesses examined on behalf of the prosecution, inter alia, were the employees of the company where the appellants had also been working.We have noticed hereinbefore that the parents of the deceased girl (P.Ws.22 and 23) state... | 0 | 9,498 | ### Instruction:
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### Input:
was observed as under: "Therefore, undue sympathy to impose inadequate sentence would do more harm to the justice system to undermine the public confidence in ... |
345 | Peerless Gen.F.& I.Co.Ltd. Vs. Reserve Bank Of India | to legislative judgment in the field of economic regulation than in other areas where fundamental human rights are involved. Nowhere has this admonition been more felicitously expressed than in Morey v. Doud where Frankfurter, J. said in his Inimitable style:"In the utilities, tax and economic regulation cases, there a... | 1[ds]A combined reading of the above provisions unmistakably goes to show that t he Reserve Bank if considers necessary in the public interest so to do can specify the conditions subject to which any prospectus or advertisement soliciting deposits of money from the public may be issued. It can also give directions to n... | 1 | 15,406 | ### Instruction:
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### Input:
to legislative judgment in the field of economic regulation than in other areas where fundamental human rights are involved. Nowhere has this admonition been m... |
346 | GURDEV SINGH Vs. UNION OF INDIA | set aside the judgment and order passed by the learned Single Judge of the High Court.5. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the Division Bench of the High Court, the heirs of the original writ petitioner (the original writ petitioner died during the pendency of the appeal ... | 1[ds]7. Having heard the learned counsel for the respective parties and the fact that the entitlement of the plot in question to the original allottee – Hem Singh cannot be disputed and that the authority itself allotted the land in the year 1985 to Hem Singh on a consideration of Rs.26,01,846/- and on certain other te... | 1 | 1,770 | ### 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:
set aside the judgment and order passed by the learned Single Judge of the High Court.5. Feeling aggrieved and dissatisfied with the impugned judg... |
347 | Ajit Singh Vs. Chief Election Commissioner Of India & Ors | deny appointment to the appellant as Private Secretary to the Chief Election Commissioner. It must be realised that in reply to the proposal to amend the extant rules the Ministry of Law, Justice and Company Affairs, in Consultation with the Department of Personnel and Administrative Reforms, wrote to the Commission on... | 0[ds]After the amendment of the 1974 Rules the Commissioner issued an office order dated February 18, 1980 stating that appointment to the post of Private Secretary shall be made in the absolute discretion of the Chief Election Commissioner from amongst persons of suitable class or category serving in the Commission or... | 0 | 2,462 | ### 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:
deny appointment to the appellant as Private Secretary to the Chief Election Commissioner. It must be realised that in reply to the proposal to ... |
348 | Jeeja Ghosh & Another Vs. Union of India & Others | in the year 1975. The position was reiterated in the Beijing Conclave by the Government of Asian and Pacific Countries that was held from December 01-05, 1992 and in order to convert the resolutions adopted therein into reality, the Indian Parliament also passed the enactment, i.e. Act, 1995. 42. All these rights confe... | 1[ds]45. It is the common experience of several persons with disabilities that they are unable to lead a full life due to societal barriers and discrimination faced by them in employment, access to public spaces, transportation etc. Persons with disability are most neglected lot not only in the society but also in the ... | 1 | 14,489 | ### Instruction:
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in the year 1975. The position was reiterated in the Beijing Conclave by the Government of Asian and Pacific Countries that was held from December 01-05, 199... |
349 | Dr R. Dinesh Kumar Reddy & Ors Vs. Medical Counselling Committee (MCC) & Ors | and as a matter of fact, admissions have been closed on 7 May 2022. 9. While considering the rival submissions, it must be noted at the outset that the academic session has been delayed by a period of four months when compared with the schedule which has been prescribed by this Court by its order dated 18 January 2016 ... | 1[ds]5. The second column of the above chart indicates the course of events in the NEET-PG 2021 entrance examination. The first round of counselling took place between 12 and 22 January 2022. The second round took place between 3 February to 12 February 2022 and was extended up to 18 February 2022. Thereafter, mop up/s... | 1 | 2,393 | ### Instruction:
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and as a matter of fact, admissions have been closed on 7 May 2022. 9. While considering the rival submissions, it must be noted at the outset that the academi... |
350 | Vundavalli Ratna Manikyam & another Vs. V.P.P.R.N. Prasada Rao | to perform his part of the contract and all throughout it was the plaintiff who challenged the acquisition proceedings which shows the bonafides on the part of the plaintiff, the High Court has rightly allowed the appeal and consequently has rightly decreed the suit for specific performance of the agreement to sell dat... | 0[ds]7.1 At the outset, it is required to be noted that the original plaintiff instituted the suit for specific performance of agreement to sell dated 7.5.1981 (Ex.A1). It is not in dispute that under the agreement to sell dated 7.5.1981, the sale deed was to be executed within a period of four months from the date of ... | 0 | 3,606 | ### Instruction:
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### Input:
to perform his part of the contract and all throughout it was the plaintiff who challenged the acquisition proceedings which shows the bonafides on the part of the plaintiff, the High C... |
351 | DELHI SUBORDINATE SERVICES SELECTION BOARD & ANR Vs. SEEMA KAPOOR | by the Central Government. This post is identified as suitable for OH/VH persons only as per the Requisition of the User Department. 3. The respondents date of birth is 10.2.1976 and on the closing date of the receipt of the applications i.e. 15.6.2012, she was more than 36 years of age. The learned Tribunal allowed th... | 1[ds]8. We have heard learned counsel for the parties and find that the order passed by the Central Administrative Tribunal and that of the High Court are not sustainable. Firstly, the High Court has quoted a wrong provision in the order passed relating to subsequent advertisement. Secondly, the benefit of age relaxati... | 1 | 1,298 | ### Instruction:
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### Input:
by the Central Government. This post is identified as suitable for OH/VH persons only as per the Requisition of the User Department. 3. The respondents date of birth i... |
352 | Vanguard Insurance Company Limited Vs. Commissioner of Income Tax, Madras | value of investments shall be dealt with as provided in rule 3 for the business of life insurance. "Mr. S. Swaminathan, the learned counsel for the assessee, contends that by virtue of section 4(3)(xii), the income from property cannot be included in the total income of the assessee, and that section 10(7) does not exc... | 0[ds]In our opinion, it is equally impossible to apply the provisions of section 4(3)(xii) to an assessment made under section 10(7), read with paragraph 6 of the Schedule. There is no income chargeable under the head " Income from property " as far as a general insurance business is concerned. The effect of section 10... | 0 | 1,920 | ### Instruction:
Analyze the legal arguments presented and estimate the likelihood of the court accepting (1) or rejecting (0) the petition.
### Input:
value of investments shall be dealt with as provided in rule 3 for the business of life insurance. "Mr. S. Swaminathan, the learned counsel for the assessee, contends ... |
353 | M/s. Apex Distributors & Another Vs. M/s. Timex Group India Ltd | T.S. Thakur, J. 1. In this petition under Section 406 of the Cr.P.C., the petitioners seek transfer of Criminal Complaint No.3960 of 2008 under Section 138 of the Negotiable Instruments Act, 1881 pending before the Metropolitan Magistrate, Patiala House Court at New Delhi to the Court competent to try the same at Pondi... | 1[ds]Issue of a statutory notice demanding payment of the cheque amount is, in our opinion, not sufficient to vest the Delhi Courts with the jurisdiction to entertain the complaint and try the case. We say so on the authority of the decision of this Court in Harman Electronics (P) Ltd. v. National Panasonic India (P) L... | 1 | 766 | ### Instruction:
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### Input:
T.S. Thakur, J. 1. In this petition under Section 406 of the Cr.P.C., the petitioners seek transfer of Criminal Complaint No.3960 of 2008 under Section 138 of the N... |
354 | Employees State Insurance Corporation Vs. S.K. Aggarwal | representing the employees contribution for the period. (3)................ (4) Any sum deducted by the principal employer from wages under this Act shall be deemed to have been entrusted to him by the employee for the purpose of paying the contribution in respect of which it was deducted. (5).................." The te... | 0[ds]9. In the case of Employees State Insurance Corporation, Chandigarh v. Gurdial Singh and Ors., 1991(24) Labour and Industrial Cases 52, this Court held that the directors of a private limited company were not personally liable to pay contributions under the Employees State Insurance Act, 1948. The Court was consid... | 0 | 2,207 | ### Instruction:
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### Input:
representing the employees contribution for the period. (3)................ (4) Any sum deducted by the principal employer from wages under this Act sh... |
355 | Union Territory Of Goa, Daman And Diu And Anr Vs. Lakshmibai Narayan Patil Etc. Etc.Andsmt. Lakshmi Bai Patil | many other factors in formulating a scheme of agrarian reforms suitable to a particular State." * The decision, therefore, indicates that a flexible approach has to be adopted in deciding as to the nature of agrarian reform to be taken, rather than laying down a strait-jacket rule for universal application. The observa... | 1[ds]9. Article 31-A(1)(a) declares that no law providing for "the acquisition by the State of any estate or of any rights therein or the extinction or modification of any such rights", shall be deemed to be void on the ground that it is inconsistent with, or takes away or abridges any of the rights conferred by Articl... | 1 | 4,904 | ### Instruction:
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### Input:
many other factors in formulating a scheme of agrarian reforms suitable to a particular State." * The decision, therefore, indicates that a flexible app... |
356 | Union Of India Vs. Ex Lac Nallam Shiva | appeal be dismissed. 5. After cogitating over the submissions made by both the sides and perusing the record, it is noticed that the charge against the respondent of overstaying the casual leave period without communicating either to his superiors or to the nearest military station, has been duly proved against the res... | 0[ds]5. After cogitating over the submissions made by both the sides and perusing the record, it is noticed that the charge against the respondent of overstaying the casual leave period without communicating either to his superiors or to the nearest military station, has been duly proved against the respondent. Althoug... | 0 | 2,436 | ### Instruction:
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appeal be dismissed. 5. After cogitating over the submissions made by both the sides and perusing the record, it is noticed that the charge against the respo... |
357 | ADD. COMMISSIONER OF INCOME TAX Vs. BHARAT V. PATEL | included by the legislature as part of income, the same is not taxable. In this case, the shares could not be obtained by the employees till the lock-in period was over. On facts, we hold that in the absence of legislative mandate a potential benefit could not be considered as income of the employee(s) chargeable under... | 0[ds]The word Perquisite in common parlance may be defined as any perk or benefit attached to an employee or position besides salary or remuneration. Broadly speaking, these are usually non-cash benefits given by an employer to an employee in addition to entitled salary or remuneration. It may be said that these benefi... | 0 | 3,566 | ### Instruction:
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### Input:
included by the legislature as part of income, the same is not taxable. In this case, the shares could not be obtained by the employees till the lock-in period was over. On facts, we... |
358 | Chettian Veettil Ammad and Another Vs. Taluk Land Board and Others | section 82 (which fixed the ceiling), and if the Legislature decided that the ceiling should be reduced, it is natur al that the deeming provision of section 84 should attach to transfers in excess of the reduced ceiling because the crucial date of invalidation has been stated in section 84, right from the inception of... | 0[ds]9. Sub- section (3) of section 1 of the Act10. It therefore provides that: (i) section 1 of the Act shall come into force at once, (ii) the other provisions of the Act shall come into force on such dates as the Government may appoint, (iii) different dates may be appointed for different provisions of the Act, and ... | 0 | 7,934 | ### 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:
section 82 (which fixed the ceiling), and if the Legislature decided that the ceiling should be reduced, it is natur al that the deeming provisi... |
359 | GURCHARAN SINGH & ORS Vs. ANGREZ KAUR & ANR | was subject matter of the suit, hence not covered by exclusionary clause of Section 17(2)(vi) and present case is covered by the main exception crafted in Section 17(2)(vi), i.e., any decree or order of a Court. When registration of an instrument as required by Section 17(1)(b) is specifically excluded by Section 17(2)... | 1[ds]The present is a case where by decree dated 09.01.1995 only suit property was made part of the decree. Suit No. 556 was filed with the pleading that Will dated 02.09.1986 as well as Family Settlement dated 15.06.1994, which are specifically pleaded in paragraphs 2 and 3 of the plaint13. In the written statement, t... | 1 | 5,951 | ### Instruction:
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was subject matter of the suit, hence not covered by exclusionary clause of Section 17(2)(vi) and present case is covered by the main exception crafted in Se... |
360 | Mohan Meakln Breweries Ltd Vs. Excise & Taxation Commer. Chandigarh & Ors | other narcotic drugs and narcotics;but not including medicinal and toilet preparations containing alcohol or any substance included in sub-para graph (b) of this Entry."The expression countervailing duty is not defined in the Act but its meaning has been made clear in the Judgment the this Court in Kalyani Stores v. Th... | 0[ds]The first contention raised on behalf of appellant is, therefore,the present case, the liquor for which permits were obtained by the appellant was admittedly in existence and was meant for human consumption and did leave the appellants distilleries in Uttar Pradesh for being transported to his Warehouse in Chandig... | 0 | 3,692 | ### Instruction:
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### Input:
other narcotic drugs and narcotics;but not including medicinal and toilet preparations containing alcohol or any substance included in sub-para graph (b) of ... |
361 | Air India Cabin Crew Assn Vs. Union Of India | for other reliefs, was dismissed by the Delhi High Court, resulting in the Special Leave Petitions. Mr. Singh submitted that there was no substance in the appeals filed since the revised promotion rules had been approved and accepted by all concerned. Mr. Singh urged that it was on account of the continued representati... | 0[ds]e the Agreements are not altered or vary to any large extent, what has been done is to iron out the differences on account of the revised promotion policy, which exempted some of the workmen, who had been transformed to the category of Executive from the ambit of the said Settlements. It is apparent from a reading... | 0 | 10,582 | ### Instruction:
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for other reliefs, was dismissed by the Delhi High Court, resulting in the Special Leave Petitions. Mr. Singh submitted that there was no substance in the ap... |
362 | Krishi Utpadan Mandi Samiti Vs. M/S. Baidyanath Ayurved Bhawan(P)Ltd&Anr | processing, manufacturing and selling.” (Emphasis supplied) 13. In The State of A.P. v. M/s. H. Abdul Bakhi and Bros., AIR 1965 SC 531 , while dealing with a similar issue, i.e. defining `Dealer under the provisions of Andhra Pradesh General Sales Tax Act, 1950, held that a person who buys goods for consumption in a pr... | 1[ds]17. In view of the above, we are of the considered opinion that as the retail trader cannot sell the agricultural produce in quantity more than prescribed in the circular and also such retailer himself cannot purchase and store more than prescribed in the circular, therefore, the meaning ofas to be understood in s... | 1 | 3,789 | ### Instruction:
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### Input:
processing, manufacturing and selling.” (Emphasis supplied) 13. In The State of A.P. v. M/s. H. Abdul Bakhi and Bros., AIR 1965 SC 531 , while dealing with a simila... |
363 | M/s. Chhotobhai jethabhai Patel & Company Vs. Industrial Court, Maharashtra Nagpur Bench, Nagpur & Others | under the proviso to sub-section (4) of section 42, no agreement is arrived at in respect of an order, matter or change referred to in the said proviso." Clause D of S. 78 (1) was introduced in the Act of Maharashtra by Act. 22, 1965 . Sec. 31 of the Act of 1965 not only introduced Cl. D. but also made changes in parag... | 1[ds]In our view, there is nothing in the Act which warrants such a conclusion. The scheme of Chapter VIII seems to be that in regard to any "change" in an industrial matter there must be compliance with the provisions of that Chapter. In other words, effort must first be made by the employer intending to effect any ch... | 1 | 3,775 | ### 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:
under the proviso to sub-section (4) of section 42, no agreement is arrived at in respect of an order, matter or change referred to in the said proviso... |
364 | Indranarayan Vs. Roop Narayan & Anr | the bank all that is said is that he wanted to put the amount in the joint names of himself and the 1st defendant as he was seriously ill. There is nothing in that letter to show that he intended to make over that amount to the lst defendant. As noticed earlier Dr. Pandit was in his death bed. Therefore he might have t... | 0[ds]It is clear from his letters that Dr. Pandit was under the impression that the plaintiff was lacking in efforts and he could make him to put in his best by an extra doze of rudeness. Plaintiffs reactions to his fathers biting letters was one of bitterness and hostility. He wrote to his father that he was a tyrant ... | 0 | 6,761 | ### Instruction:
Analyze the case proceeding and predict whether the appeal/petition will be accepted (1) or rejected (0).
### Input:
the bank all that is said is that he wanted to put the amount in the joint names of himself and the 1st defendant as he was seriously ill. There is nothing in that letter to show that h... |
365 | Union of India and Ors Vs. Ran Singh Dudee | assessment of the profile of the respondent for those years. The correct approach in the matter is the one which was considered by this Court in Lt. Col. K. D. Gupta v. Union of India and Others 1989 Suppl (1) SCC 416 as under:-?8. The respondents have maintained that the petitioner has not served in the appropriate gr... | 1[ds]6. The first question that arises is regarding the significance of the expression consequential benefits as used in the order dated 20.11.2013. The matter which was directly in issue and under consideration was the correctness and validity of General Court Martial proceedings. While annulling the findings and effe... | 1 | 5,419 | ### Instruction:
Based on the legal narrative and evidentiary details in the case proceeding, predict the court's stance: favorable (1) or unfavorable (0) to the appellant.
### Input:
assessment of the profile of the respondent for those years. The correct approach in the matter is the one which was considered by this... |
366 | Union Of India Vs. M/S. Udho Ram & Sons | a goods train, in view of the frequent thefts in running trains between Howrah and Chandanpur, Amounted to the railways taking proper care of the goods delivered to them as carriers and that therefore the railways were not guilty of any negligence and misconduct. It was of the view that the railway protection police wh... | 0[ds]7. There is no evidence on record that the railway protection police which escorted the train was adequate in strength for the purpose of seeing that the goods were not interfered with in transit. In fact, the defendants did not allege in their written statement that any railway protection police escorted the tram... | 0 | 1,356 | ### Instruction:
Analyze the legal arguments presented and estimate the likelihood of the court accepting (1) or rejecting (0) the petition.
### Input:
a goods train, in view of the frequent thefts in running trains between Howrah and Chandanpur, Amounted to the railways taking proper care of the goods delivered to th... |
367 | State Of A.P Vs. Patchimala Vigneswarudu @ Viganna | Subbarao, who conducted autopsy on 6.8.2001 and prepared Ex. P-22. Describing the condition of the body at the time of post mortem examination, the Medical Officer has stated that eyes of the deceased were closed, mouth was open with tongue protruding between upper and lower teeth, blood stained froth was coming from b... | 1[ds]The view taken by the High Court that the chain of circumstances is not complete merely for the reason that drunkenness of the accused is not established, and that the accused cannot be said to have got sexually transmitted disease through his wife, is the view based on irrelevant considerations and could not have... | 1 | 2,516 | ### 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:
Subbarao, who conducted autopsy on 6.8.2001 and prepared Ex. P-22. Describing the condition of the body at the time of post mortem examination, the Medical Of... |
368 | Babu Manmohan Das Shah & Ors Vs. Bishun Das | equally conceivably be alterations which are not material alterations but nevertheless would substantially diminish the value of the premises. It seems to us that the legislature intended to provide for both the contingencies and where one or the other exists it was intended to furnish a ground to the landlord to sue h... | 1[ds]6. In our view Cl. (c) of S. 3 (1) cannot bear the construction suggested by Mr. Desai. The clause is couched in simple and unambiguous language and in its plain meaning provides that it would be a good ground enabling a landlord to sue for eviction without the permission of the District Magistrate if the tenant h... | 1 | 2,564 | ### Instruction:
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equally conceivably be alterations which are not material alterations but nevertheless would substantially diminish the value of the premises. It seems to us that the legislature intend... |
369 | Hindustan Steelworks Construction Limited Vs. C. Rajasekhar Rao | of inference and argument it might be demonstrated that the arbitrator had committed some mistake in arriving at his conclusion. The law on this point is well settled. The Judicial Committee in Champsey Bhara and Co. v. Jivraj Balloo Spinning and Weaving Co. Ltd. (LR (1922-23) 50 IA 324) clarified that an error of law ... | 0[ds]In view of the policy of law that the arbitration proceedings should not be unduly prolonged and in view of the fact that the parties have been taking willing part in the proceedings before the arbitrator without a demur and had all along been willing to extend time, this will be a fit case, in our opinion, for th... | 0 | 2,245 | ### 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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of inference and argument it might be demonstrated that the arbitrator had committed some mistake in arriving at his conclusion. The law on this point is well settled. The Jud... |
370 | NARESHBHAI BHAGUBHAI Vs. UNION OF INDIA | reply given vide letter dated 15.07.2011 does not indicate the decision/order/pre-determination of the Competent Authority. The Competent Authority had informed the objectors to remain present with all material documents at the time of personal hearing, the date of which would be notified later. At the time of argument... | 1[ds]9.2. The statute has mandated a strict procedure to be followed under Section 20D with respect to the submission and hearing of objections. The statute mandates that the order is required to be passed by the Competent Authority after hearing the land-owners. The order cannot precede the hearing of objections. If a... | 1 | 9,482 | ### 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:
reply given vide letter dated 15.07.2011 does not indicate the decision/order/pre-determination of the Competent Authority. The Competent Authority had... |
371 | Collector of Central Excise Vs. Voltas Limited | as fans. The company also pointed out that the motor and impeller are nothing but integral components of air-conditioners and water coolers and have no independent mounting or speed regulators. The Central Government by order dated September 26, 1980 held that functionally as well as structurally, the impeller motor as... | 0[ds]( 6 ) IT is impossible to find any merit in any of the contentions raised by the learned counsel for the department. It is nowby catena of decisions of the Supreme Court that the definitions set out in Brussels Tariff Nomenclature cannot be relied upon to hold as to whether the item attracts duty under Central Exc... | 0 | 1,945 | ### 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:
as fans. The company also pointed out that the motor and impeller are nothing but integral components of air-conditioners and water coolers and have no indepe... |
372 | M/S. Sbhobika Attire Vs. New India Assurance Co. Ltd. | and glass shelves, as also the glass tops of the sales counters were absolutely intact. It was also indicated that once the mob had set fire to the elevated ground floor, nobody could have entered the basement levels and that since fire in the ground floor had been started a little after 4.00 P.M. and the same was exti... | 1[ds]In view of the above, the surveyors only took into consideration the damage caused to the stock in the elevated ground floor level and the insurance company settled the claim for loss to the stock on the said basis. From the statements of the sales persons who were in the two basement levels, it was sought to be a... | 1 | 2,856 | ### 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:
and glass shelves, as also the glass tops of the sales counters were absolutely intact. It was also indicated that once the mob had set fire to the elevated gr... |
373 | State of Orissa Vs. Messrs Orissa Road Transport Company Limited, Chief Accounts Officer | occasional transactions of a business nature involving purchasing, selling, supplying or distribution or goods, whether for commission, remuneration or otherwise. This means that even if a person did not have a systematic or an organised business involving regular transactions of purchases and sales he could still be r... | 1[ds]It cannot be denied that the respondent is a business organisation whose activity is that of providing road transport. In the course of its carrying on of the said business some obsolete parts, spare parts etc. are not required by it. As a prudent business organisation the said items, which were obviously used or ... | 1 | 2,489 | ### 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:
occasional transactions of a business nature involving purchasing, selling, supplying or distribution or goods, whether for commission, remuneration or otherwi... |
374 | N.B.C.C. Ltd Vs. J.G. Engineering Pvt. Ltd | jurisdiction to decide accordingly. 13. However, the contention of the Appellant that the High Court had erred in not allowing the appellant to decide upon the appointment of an arbitrator pursuant to sub-section (2) of Section 15 of the Act must be accepted. Section 15 (2) of the Act provides that where the mandate of... | 1[ds]14. We have carefully examined the aforesaid observations of the impugned judgment of the High Court. We are of the view that in view of a three-Judge Bench decision of this Court in the case of Northern Railway Administration, Ministry of Railway vs. Patel Engineering Company Ltd. [2008 (10) SCC 240 ] in which a ... | 1 | 5,887 | ### 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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jurisdiction to decide accordingly. 13. However, the contention of the Appellant that the High Court had erred in not allowing the appellant to ... |
375 | Sarpanch, Lonand Grampanchayat Vs. Ramgiri Gosavi & Anr | on which the minimum wages or other amount became payable." The second proviso to S. 20 (2) is in these terms:-"Provided further that any application may be admitted after the said period of six months when the applicant satisfies the Authority that he had sufficient cause for not making the application within such per... | 0[ds]6. In the present case the Authority found that since January 2, 1961 the employees were making complaints to the Government authorities regarding non-payment of overtime wagesHaving regard to all the circumstances of the case, the employees were not guilty of inaction or negligence and the entire delay in present... | 0 | 1,380 | ### 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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on which the minimum wages or other amount became payable." The second proviso to S. 20 (2) is in these terms:-"Provided further that any application m... |
376 | Messrs. Kamarhatty Co. Ltd Vs. Shri Ushnath Pakrashi | K.N. Wanchoo J.1. This appeal by special leave against the decision of the Labour Appellate Tribunal of India is limited to the question whether an order of reinstatement can be made on an application under S. 33-A of the Industrial Disputes Act, 1947, (hereinafter called the Act). The brief facts necessary for the dec... | 0[ds]3. In our opinion, the answer to the limited question in which the special leave has been granted can only be on one view of the language of S. 33-A. That section lays down that where an employer contravenes the provisions of S. 33 during the pendency of proceedings before a tribunal, any employee aggrieved by suc... | 0 | 927 | ### Instruction:
Interpret the case information and speculate on the court's decision: acceptance (1) or rejection (0) of the presented appeal.
### Input:
K.N. Wanchoo J.1. This appeal by special leave against the decision of the Labour Appellate Tribunal of India is limited to the question whether an order of reinsta... |
377 | R.B. Chaudhary Raghuraj Singh Vs. Murari Lal & Ors | he there on the date of the suit and the suit must be with respect to a secured debt. The date, therefore, on which the Court has to see whether the debt in the suit before it is a secured debt or not is the date on which the suit is filed. The High Court seems to be in error when it held that- under the definition of ... | 0[ds]5. It will be seen from these definitions that a decree in a suit based on any debt is a decree to which the Act applies and such decrees can be of two kinds, namely, (i) those based on a secured debt, and (ii) those based on an unsecured debt. A secured debt is a debt secured by mortgage and includes a debt secur... | 0 | 2,257 | ### 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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he there on the date of the suit and the suit must be with respect to a secured debt. The date, therefore, on which the Court has to see whether... |
378 | Hochtief Gammon Vs. Industrial Tribunal, Bhubaneshwar, Orissa & Others | of this test that the implied power of the Tribunal to add parties must be held to be limited.13. This question has been considered by the Madras High Court in two reported decisions. In P. G. Brookes v. Industrial Tribunal, Madras, AIR 1954 Mad 369 the Division Bench of the said High Court has held that S. 18(b) by ne... | 1[ds]It will be noticed that clause(a) refers to all parties to the industrial dispute, whereas clause (b) refers to all other parties summoned to appear. The word "other" seems to suggest that the parties summoned to appear to whom clause (b) refers are not identical with the parties to the "industrial dispute specifi... | 1 | 4,063 | ### Instruction:
From the information provided in the case proceeding, infer whether the court's decision will be positive (1) or negative (0) for the appellant.
### Input:
of this test that the implied power of the Tribunal to add parties must be held to be limited.13. This question has been considered by the Madras ... |
379 | Raj Lakshmi Dasi And Others Vs. Banamali Sen And Othersbholanath Sen And Othersv.Raj Laksh | does not seem necessary in such cases to further prove that it has jurisdiction to hear the later suit. A plea of res judicata on general principles can be successfully taken in respect of judgments of Courts of exclusive jurisdiction like revenue Courts, land acquisition Courts, administration Courts, etc. It is obvio... | 0[ds](14) These two decisions, in our opinion, are conclusive on the point of res judicata raised in the present case and in these circumstances it has to be held that the question of title to the four annas share was necessarily and substantially involved in the land acquisition proceedings and was finally decided by ... | 0 | 7,691 | ### Instruction:
Analyze the legal arguments presented and estimate the likelihood of the court accepting (1) or rejecting (0) the petition.
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does not seem necessary in such cases to further prove that it has jurisdiction to hear the later suit. A plea of res judicata on general principles can be successfull... |
380 | Central Bank of India Limited Vs. Hari Prasad Jalan & Others | damaged by floods remained with the Bank and were not delivered to the defendants. We have referred in detail to the documents which full establish that the defendants had taken delivery of the goods. In this connection the receipt exh. 4 read with the letter exh. 1-b of September , 29, 1954 constituted unimpeachable e... | 1[ds]This, in our opinion, they entirely failed to do. It cannot be forgotten that admittedly the goods were lying in the godowns which were in the premises of the mills of the defendants. The Bank had only the key or the keys of the godowns. The process of delivering the goods was quite simple as their physical delive... | 1 | 4,282 | ### 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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damaged by floods remained with the Bank and were not delivered to the defendants. We have referred in detail to the documents which full establish tha... |
381 | Venkatrao Anantdeo Joshi Vs. Sau. Malatibai | No.1 had no right to transfer it. The Court directed the Collector or any Gazetted subordinate officer to effect the partition of the suit property and separate possession and also directed the Court Commissioner to effect the partition of the suit house and the plot. The Court also directed mesne profits from the date... | 1[ds]9. With regard to lis pendens, learned counsel for the appellants rightly referred to the judgment and decree passed in Regular Civil Suit No.51 of 1973 and contended that presuming that the so-called batai patra was at all executed by Anantdeo, it was not open to him to execute the same pending disposal of the su... | 1 | 1,437 | ### Instruction:
Analyze the legal arguments presented and estimate the likelihood of the court accepting (1) or rejecting (0) the petition.
### Input:
No.1 had no right to transfer it. The Court directed the Collector or any Gazetted subordinate officer to effect the partition of the suit property and separate posses... |
382 | Colgate Palmolive (India) Ltd Vs. Hindustan Lever Ltd | laboratory tests that the complainant has found that representation is not correct and it is on this perspective that Mr. Desai also contended that the entire grievance of the complainant has to be decided on the basis of the evidence at the time of the trial but not at any stage prior thereto. As a matter of fact the ... | 1[ds]45. In fine, the submission of Mr. Desai as regards the bona fides of the application under Section 12A cannot also be brushed aside and in our view non-consideration thereof by the Commission has resulted in a clear error on the part of the Commission. The fact that within a period of 10 days of the application b... | 1 | 9,574 | ### 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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laboratory tests that the complainant has found that representation is not correct and it is on this perspective that Mr. Desai also contended that the entire ... |
383 | AHMED ABDULLA AHMED AL GHURAIR (THROUGH THEIR POWER OF ATTORNEY HOLDER MR. BARTHOLOMEW KAMYA) Vs. STAR HEALTH AND ALLIED INSURANCE COMPANY LIMITED | foreign court: Counsel for the plaintiffs submitted that the Mysore Court was incompetent to deliver an effective judgment in respect of the shares. But by personal compliance with an order for retransfer judgment in favour of the plaintiffs could be rendered effective. Per Hidayatullah, J (Minority) : It only remains ... | 0[ds]From the material facts in this behalf, as mentioned in the plaint itself, specifically in paragraphs 54 and 55 of the plaint, while making the averments qua the cause of action and territorial jurisdiction, it becomes apparent that the plaintiffs got aggrieved by the draft Consolidated Financial Statement of Defe... | 0 | 12,698 | ### 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:
foreign court: Counsel for the plaintiffs submitted that the Mysore Court was incompetent to deliver an effective judgment in respect of the shares. But by per... |
384 | Neta Ram Vs. Jiwan Lal | for an order directing the tenant to put the landlord in possession* * *(iii) in the case of any building, if he requires it for the re- erection of that building or for its replacement by another building, or for the erection of other buildings;* * *(b) The Controller shall, if he is satisfied that the claim of the la... | 1[ds]8. Reading these provisions as a whole, it is obvious that if the landlords need be genuine and he satisfies the Controller, he can obtain possession of the building or the land, as the case may be. If, however, he does not re-erect the building and puts it to any other use or lets it out to another tenant, the fo... | 1 | 2,588 | ### 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:
for an order directing the tenant to put the landlord in possession* * *(iii) in the case of any building, if he requires it for the re- erection of that build... |
385 | Sushila Devi And Anr Vs. Hari Singh And Ors | contention of the plaintiffs that the agreement to lease was frustrated. In appeal a Division Bench of the High Court of Jammu and Kashmir agreed with the trial Court that the contract referred to in the plaint was frustrated because of the supervening circumstances. It opined that the doctrine of frustration applied t... | 0[ds]8. The conclusion of the Division Bench of the Jammu and Kashmir High Court that S. 56 of the Contract Act applies to leased as well cannot be accepted as correct Section 56 applies only to contract. Once a valid lease comes into existence the agreement to lease disappears and its place is taken by the lease. It b... | 0 | 2,056 | ### Instruction:
Analyze the legal arguments presented and estimate the likelihood of the court accepting (1) or rejecting (0) the petition.
### Input:
contention of the plaintiffs that the agreement to lease was frustrated. In appeal a Division Bench of the High Court of Jammu and Kashmir agreed with the trial Court ... |
386 | Jagdish Mitter Vs. Union Of India | would thus be noticed that the four cases which we have considered by way of illustration dealt with different aspects of the problem pertaining to temporary servants who are discharged or reverted and naturally, on each occasion, observations were made in relation to the particular aspect with which the Court was conc... | 1[ds]7. The true legal position in regard to the scope and effect of the provisions of Art. 311 in respect of persons employed in civil capacities under the Union or a State on a temporary or probationary basis is now fairly well established. It is, however, necessary to state the said legal position briefly before dea... | 1 | 6,263 | ### Instruction:
Analyze the legal arguments presented and estimate the likelihood of the court accepting (1) or rejecting (0) the petition.
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would thus be noticed that the four cases which we have considered by way of illustration dealt with different aspects of the problem pertaining to temporary servants ... |
387 | V/O Tractor Export, Moscow Vs. M/S. Tarapore & Company & Anr | Wood & Son Ltd., supra)21. The language in the relevant article of the Convention of 1958 had also undergone a change. According to Article II, the term "agreement in writing" was to include an arbitral clause in a contract or an arbitration agreement and that term was stated to mean something by which the parties unde... | 1[ds]18. It is true by taking the above view the purpose and object behind the Protocol and the conventions may not be fully carried out. The intention underlying Article 4 of the Protocol of 1923 and Article 2 of the Convention of 1958 undoubtedly appears to be that whenever the parties have agreed that their differen... | 1 | 7,284 | ### 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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Wood & Son Ltd., supra)21. The language in the relevant article of the Convention of 1958 had also undergone a change. According to Article II, ... |
388 | P. J. Irani Vs. The State Of Madras | legitimately entitled to be."The learned Judges of the High Court held that the reasons which led the Government to grant the exemption were not those which were countenanced by the policy or purpose of the Act and that the order of exemption was, therefore, invalid. In doing so the learned Judges said:"Reasons 1, 2, a... | 0[ds]Writ Appeal 28 of 1953 was thereafter dealt with on its merits and it was this examination which resulted in its being allowed In our opinion, therefore, the two judgments have to be read together and as really part of one proceeding ,though for convenience and with a view to define the scope of the arguments the ... | 0 | 6,455 | ### 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:
legitimately entitled to be."The learned Judges of the High Court held that the reasons which led the Government to grant the exemption were not... |
389 | Commissioner Of Income-Tax, Gujarat Vs. Jayantilal Amratlal, Ahmedabad | 26, 1954, reported in Unreported Income-tax Judgments of the Bombay High Court, Book One, Published by "Western India Regional Council of the Institute of Chartered Accountant of India, Bombay p. 314 at p. 316. "The first answer to this contention is that the trustees would be committing a breach of the law if they wer... | 0[ds]14. Coming to the various clauses of the Trust Deed there is no doubt that the settlor has retained power to see that his wishes are carried out while he is alive. But he can only direct the carrying out of his wishes within the terms of the Trust Deed. What he can direct under clause 4 is the application of incom... | 0 | 4,590 | ### 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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26, 1954, reported in Unreported Income-tax Judgments of the Bombay High Court, Book One, Published by "Western India Regional Council of the Institute of Chartered Accountant... |
390 | Saifuddin Hussinbhay Siamwala Vs. Burma Cycle Trading Company | against the respondent and another on the ground that the premises were required bone fide for their own use, occupation and business and that the tenant had sub-let a portion of the premises. The application for eviction was filed by all the four appellants who were stated to be carrying on business under the name and... | 1[ds]6. The High Court, as previously stated, considered that the application for eviction which had been filed by the appellants was in the nature of a proceeding to enforce a right arising from a contract. It is difficult to understand the decision on the point. It is common ground that when the property was purchase... | 1 | 1,221 | ### Instruction:
Examine the details of the case proceeding and forecast if the appeal/petition stands a chance of being upheld (1) or dismissed (0).
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against the respondent and another on the ground that the premises were required bone fide for their own use, occupation and business and that the tenant had ... |
391 | Bihari Mills and Another Vs. Ahmedabad Municipalcorporation | Board of Appeal that the appellants have appealed to this Court, on obtaining special leave.Section 30 of the Act of 1915 lays down the duties of the Arbitrator in some detail, running into ten clauses, and a number of sub-clauses. The decision of the Arbitrator, except on matters covered by sub-sections (3A), (3B), (3... | 1[ds]It will thus appear that the Act has equated the Arbitrator under the Act of 1915 with the Town Planning officer and the Tribunal of Arbitration with the Board of Appeal. Though under the former Act the Arbitrator is a part of the Tribunal of Arbitration, under the Act certain decisions of the Town Planning office... | 1 | 1,519 | ### 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:
Board of Appeal that the appellants have appealed to this Court, on obtaining special leave.Section 30 of the Act of 1915 lays down the duties o... |
392 | Natvarlal Punjabhai And Another Vs. Dadubhai Manubhai And Others | accept it, except on terms which would apply to any other transfer of immovable property so far as prior alienees are concerned. This, in our opinion, involves a total misapprehension of the nature and legal effect of surrender by a Hindu widow as we have already explained. Surrender is not alienation of an interest of... | 0[ds]The word "surrender" cannot be said to be free from ambiguity. If it connotes nothing more than the English doctrine of merger and a Hindu widow, whose interest is usually, though incorrectly, likened to that of a life tenant under the English law, merely accelerates the reversion by surrendering her limited inter... | 0 | 7,588 | ### 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:
accept it, except on terms which would apply to any other transfer of immovable property so far as prior alienees are concerned. This, ... |
393 | PRAKASH SAHU Vs. SAULAL AND OTHERS | Leave granted. 1. We have heard learned counsel for the parties. 2. The short question in the present appeal is whether an unregistered agreement of sale can be seen for collateral purposes under the proviso to Section 49 of the Registration Act, 1908. 3. The Trial Court based its reasoning on a decision of this Court ... | 1[ds]4. The High Court failed to consider the aforesaid while holding that the unregistered document could not be taken into consideration for collateral purposes. | 1 | 299 | ### 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:
Leave granted. 1. We have heard learned counsel for the parties. 2. The short question in the present appeal is whether an unregistered agreemen... |
394 | KALI PRASAD SINGH Vs. THE STATE OF UTTAR PRADESH | supported by general diary entry. Thus, it appears that correction had been made at the time of reducing the FIR to writing at the relevant time and no dent is caused to the prosecution cast as to the time of incident. The date of recording of FIR was 18.02.2000. There is no scope for ante timing the FIR within two hou... | 0[ds]We have gone through the entire deposition anxiously with the help of learned senior counsel for the appellants. We find that his version is quite truthful. He has clearly stated that one week before the incident he had come from Allahabad to Varanasi. He went out strolling to search for his brother and when he re... | 0 | 2,743 | ### Instruction:
Interpret the case information and speculate on the court's decision: acceptance (1) or rejection (0) of the presented appeal.
### Input:
supported by general diary entry. Thus, it appears that correction had been made at the time of reducing the FIR to writing at the relevant time and no dent is caus... |
395 | Hindustan Lever Mazdoor Sabha Vs. Hindustan Lever Limited and Others | and the ad hoc allowance granted by the Tribunal and confirmed by the learned Judge. We have already discussed them in the context of the dearness allowance and have pointed out, as indeed the Tribunal has also done, that the workmen were entitled to them even otherwise since they were granted to the subordinate staff ... | 1[ds]p.m. are disentitled to receive any dearness allowance or that they are disentitled to dearness allowance above a fixed amount. The Award has placed a ceiling on the variable rate at which the dearness allowance was payable under the existing system to those drawing salary above Rs. 500/per month and has made the ... | 1 | 22,083 | ### 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:
and the ad hoc allowance granted by the Tribunal and confirmed by the learned Judge. We have already discussed them in the context of the dearness allo... |
396 | M/S NEW INDIA ASSURANCE CO. LTD Vs. M/S LUXRA ENTERPRISES PVT LTD | to be arbitrary, excessive, exaggerated, etc., it must specify cogent reasons, without which it is not free to appoint the second surveyor or surveyors till it gets a report which would satisfy its interest. Alternatively, it can be stated that there must be sufficient ground to disagree with the findings of surveyor/s... | 1[ds]20. The Surveyor- M/s Sunil J. Vora & Associates was appointed by Head Office of the Insurance Company. The Head Office of the Insurance Company has communicated to the Regional/ Branch Office as to why another Surveyor has been appointed. In view of said fact, the appointment of another surveyor could not be just... | 1 | 4,785 | ### 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:
to be arbitrary, excessive, exaggerated, etc., it must specify cogent reasons, without which it is not free to appoint the second surveyor or surveyors till i... |
397 | Indian Hume Pipe Company Limited Vs. Their Workmen | made for redemption thereof on due date. This however does not mean that in the calculations of the distributable surplus the provision for such redemption should be given the status of a prior charge, though of course that would be a relevant consideration while distributing the available surplus between the various i... | 1[ds]26. This would bring the available surplus for distribution to a sum of Rs. 12 lacs and this would be distributable amongst the shareholders, the company and the workmen concerned27. It is not feasible to lay down any rigid formula as to what the proportion of such distribution amongst these various interests shou... | 1 | 5,215 | ### 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:
made for redemption thereof on due date. This however does not mean that in the calculations of the distributable surplus the provision for such redemp... |
398 | TSR Financial Services Pvt. Ltd Vs. Central Bank of India and Ors | Court to arrive at the impugned conclusion. The High Court, therefore, doubted the bona fides of the sale transaction including the amount at which the sale was effected.3. We have heard the learned Counsels for the parties and have considered the matter.4. The first sale notice is dated 11th December, 2004 pursuant to... | 1[ds]6. The materials on record including the facts recited above would go to show that from 10th February, 2005 upto 31st March, 2005 i.e. for a period of nearly 40 days the borrower had an ample opportunity to pay the amount of ` 60.21 lakhs which was offered by the auction purchaser in the first round of sale (subse... | 1 | 1,450 | ### 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:
Court to arrive at the impugned conclusion. The High Court, therefore, doubted the bona fides of the sale transaction including the amount at which the sale wa... |
399 | Murari Lal Gupta & Another Vs. State of U.P. & Others | an order dated 07.05.2012 which too came under challenge before the High Court. The High Court has upon consideration declined to interfere with the on-going proceedings hence the present appeal. 6. When the matter came up before us on 25.04.2014, learned counsel for the parties were not averse to exploring the possibi... | 1[ds]There is no dispute that offence punishable under Section 498A of IPC and that under the Dowry Prohibition Act are not compoundable. The remaining offences under Sections 323, 504 and 505 are, however, compoundable. Courts do not recognise settlements between the accused and the complainant party for quashing proc... | 1 | 1,604 | ### Instruction:
Review the case details and predict the decision: will the court accept (1) or deny (0) the appeal/petition?
### Input:
an order dated 07.05.2012 which too came under challenge before the High Court. The High Court has upon consideration declined to interfere with the on-going proceedings hence the pr... |
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