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400 | Masood Ahmad Vs. Rent Control & Eviction Officer & Others | give preference to the landlord if he was satisfied that the landlord bonafide needed the accommodation for his personal occupation. It was submitted that demolition of the building followed by reconstruction therefore was not within the bona fide need of the landlord covered by Rule 6. Our attention was drawn to a jud... | 0[ds]3. The order of the State Government shows that it was made on a perusal of the record. The view taken by the revising authority was that the landlords release application dated August 24, 1967 "was not considered by the opposite party (the appellant) was made to regularise the illegal occupation of the premises i... | 0 | 3,313 | ### Instruction:
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give preference to the landlord if he was satisfied that the landlord bonafide needed the accommodation for his personal occupation. It was submitted t... |
401 | Sewa Singh & Ors Vs. Jangir Singh & Ors | the non - ancestral property of the adoptive father on the ground that his adoption was tantamount to a gift or bequest". The Full Bench answered both these questions in the affirmative. In other words it held that the expression "kinsman" referred in the Customary Law had reference to and meant agnatic relation and th... | 1[ds]4. In our judgment the appeal can be disposed of on the short ground that there was no. justification whatsoever for setting aside the concurrent finding of the first two courts on the question of the character of the land in dispute, and there is thus no. necessity to resolve the legal question raised, as in that... | 1 | 2,510 | ### Instruction:
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the non - ancestral property of the adoptive father on the ground that his adoption was tantamount to a gift or bequest". The Full Bench answered both these questions in the a... |
402 | The State Of Punjab Vs. Gurdial Singh Etc.Withcivil Miscellaneous Petition No. 6336 | such exists and I concur. But what have respondents 1 to 21 made out ? When power runs haywire under statutory cover, more needs to be said to make good the exposure. This takes me to a projection, in detail, on the screen of time, of the alleged politicking behind the taking of property challenged in this case.We assu... | 0[ds]We cannot answer but here Satnams influence postponed acquisition proceedings, notwithstanding the ceremonial stone. In 1967, again, elections came and Satnam won on the Congress ticket. But when the Akali Party formed the Government Satnam decided to serve the people as Minister and for that purpose transferred h... | 0 | 2,808 | ### Instruction:
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such exists and I concur. But what have respondents 1 to 21 made out ? When power runs haywire under statutory cover, more needs to be said to make goo... |
403 | Ahmedabad Rana Caste Association Vs. Commissioner of Income-tax, Gujarat | of Income-tax v. Grain Merchants Association of Bombay, 6 ITR 427 = (AIR 1939 Bom 45 ) on the point. It was, however, observed that the section of the community sought to be benefited must be sufficiently defined and identifiable by some common quality of a public or impersonal nature. Where there was no common quality... | 1[ds]5. It is well settled by now and the High Court also has rightly taken that view that an object beneficial to a section of the public is an object of general public utility. To serve a charitable purpose it is not necessary that the object should be to benefit the whole of mankind or all persons in a particular co... | 1 | 2,560 | ### Instruction:
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of Income-tax v. Grain Merchants Association of Bombay, 6 ITR 427 = (AIR 1939 Bom 45 ) on the point. It was, however, observed that the section of the ... |
404 | J. Narayana Rao Vs. V.G. Basayarayappa & Others | the old building stood had a value. In these circumstances the least amount of compunction payable to the appellant should be Rs. 21000 in round figures.7. On behalf of the plaintiff it was argued that the Munsiffs decision was correct and the High Court was justified in restoring it. The Subordinate Judge had arrived ... | 1[ds]In any event the High Court erred in restoring the decision of the Munsiff. On the evidence, which was open to this Court to examine as the High Courts, Judgment was one of reversal, it would be clear that the newly constructed building, after demolishing the old one, was worth at the least Rs. 25000. The old buil... | 1 | 2,135 | ### Instruction:
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the old building stood had a value. In these circumstances the least amount of compunction payable to the appellant should be Rs. 21000 in round figure... |
405 | RAKESH BAKSHI Vs. THE STATE OF JAMMU AND KASHMIR | appellants appointment was, though, dismissed by a Single Judge, in appeal the Division Bench set aside the appointment of the appellants which in turn was set aside by Hon?ble Court. It is thereafter that the Writ Petition filed by the present writ petitioner which was filed in 2001 came to be taken up and dismissed b... | 1[ds]10. There is no argument pressed by the learned counsel that in law, the decision of Division Bench is wrong in that the appellants were not holding the requisite qualification as on the cut-off date and the selection and appointment is bad in law. But the only point raised is having regard to the efflux of time a... | 1 | 2,145 | ### Instruction:
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appellants appointment was, though, dismissed by a Single Judge, in appeal the Division Bench set aside the appointment of the appellants which in turn was set aside by Hon?ble Court. I... |
406 | Bhairon Sahai (D) Through Lrs Vs. Bishamber Dayal (D) Through Lrs. & Others | or any part of the premises without obtaining the consent in writing of the landlord.Clause (b) of the proviso to Sub-section (1) provides for the eviction of a tenant who has sub-let, assigned or otherwise parted with the possession of the premises without obtaining the consent in writing of the landlord.Section 14(4)... | 1[ds]8. In the present case, it is clear from the evidence on record and the judgments of the courts below that there has been parting of possession by Respondent No.1 of a portion of the premises in favour of Respondent No.2 without taking the consent of the Appellant. The Rent Controller found that from 1964 onwards,... | 1 | 2,290 | ### Instruction:
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or any part of the premises without obtaining the consent in writing of the landlord.Clause (b) of the proviso to Sub-section (1) provides for the evic... |
407 | Narain Dutt Chimwal Vs. Commissioner of Income Tax. U.P. Lucknow | immovable properties and the interest was payable according to the terms of the mortgage. In September 1933 the assessee purchased a portion of the mortgaged property for Rs. 35,000/-. Out of this amount a sum of Rs. 3,000/- was adjusted against the mortgagors share of the loss in a firm which was payable to the assess... | 0[ds]5. It has been urged before us on behalf of the assessee that the Tribunal had overlooked the fact that the property purchased by the assessee was not treated as the assesseesthe cost having been debited to the capital account. Moreover no part of the income arising from the property which had been purchased or th... | 0 | 1,149 | ### Instruction:
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immovable properties and the interest was payable according to the terms of the mortgage. In September 1933 the assessee purchased a portion of the mortgaged p... |
408 | Nimmagadda Prasad Vs. Central Bureau of Investigation | stand taken by the prosecution as well as the right of the accused and taking note of the various aspects, the trial Judge was of the view that if the appellant is enlarged on bail, he will influence the witnesses, since some of them are on his pay rolls, and thereby investigation will suffer a set back. Even if it is ... | 0[ds]In the status report, it is also claimed that the CBI has to examine various persons from different Government Departments, Banks/NBFCs, private companies/individuals involved in diversion/misappropriation of funds, employees of M/s Indus Projects Ltd., M/s Lepakshi Knowledge Hub Pvt. Ltd., and their group compani... | 0 | 3,644 | ### Instruction:
Based on the legal narrative and evidentiary details in the case proceeding, predict the court's stance: favorable (1) or unfavorable (0) to the appellant.
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stand taken by the prosecution as well as the right of the accused and taking note of the various aspects, the trial Judge was of the v... |
409 | Jaswant Sugar Mills Ltd., Meerut Vs. Badri Prasad & Others | these 7 that on appearing and applying within 15 days of the order to be put on work they shall be treated as permanent with effect from the date of their having completed one years service and shall be paid full wages with effect from the date when they appear and apply to be put on work.2. Both parties appealed to th... | 0[ds]4. Reading the three definitions together it is abundantly dear that while a seasonal workman is engaged in a job which lasts during the crushing season only, a temporary workman may be engaged either for work of a temporary or casual nature or work of a permanent nature; but a permanent workman is one who is enga... | 0 | 1,434 | ### Instruction:
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these 7 that on appearing and applying within 15 days of the order to be put on work they shall be treated as permanent with effect from the date of their ha... |
410 | Sawarn Singh and Another Vs. State of Punjab and Others | in writ proceedings. An error of law which is apparent on the face of the record can be corrected by a writ, but not an error of fact, however grave it may appear to be.13. In regard to a finding of fact recorded by an inferior tribunal, a writ of certiorari can be issued only if in recording such a finding, the tribun... | 0[ds]14. Now in the case before us, as will be apparent from the passage extracted earlier from the order of the Special Collector, the finding in question was a finding of fact arrived at by him after an appraisal of the oral and documentary evidence on record. His finding that for the yearRattan Singh s/o Dalip Singh... | 0 | 3,515 | ### Instruction:
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in writ proceedings. An error of law which is apparent on the face of the record can be corrected by a writ, but not an error of fact, however grave it may appear to be.13. In... |
411 | General Manager East Coast Railway Rail Sadan & Anr Vs. Hindustan Construction Co. Ltd | the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) has appointed an Arbitrator to adjudicate the dispute between the parties, the original informant – General Manager, East Coast Railway Rail Sadan and Anr., have preferred the present appeal. 2. As such the dispute in the present appeal is ... | 1[ds]7.1 It is not in dispute that before filing an application under Section 11(6) of the Act before the High Court of Orissa at Cuttack, the respondent – claimant moved an application before the Court at Visakhapatnam under Section 9 of the Arbitration Act. In that view of the matter considering Section 42 of the Arb... | 1 | 1,139 | ### Instruction:
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the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act) has appointed an Arbitrator to adjudicate the dispute between the parties, th... |
412 | Dinabandhu Sahu Vs. The State of Orissa & Another | having a tendency to scandalise the Orissa High Court and its Honourable Judges, undermining its dignity in the estimation of the public, and impeaching its impartiality in dispensation of justice. As the Stamp Reporter had pointed out among other defects, that no opposite party has been mentioned and that the relief s... | 1[ds]We think that this is a correct and proper attitude to adopt in respect of these proceedings. Whatever may have been the justification for the High Court to initiate the proceedings in respect of a matter, which in the state of the atmosphere then prevailing was likely to create a suspicion, whether justifiable or... | 1 | 1,958 | ### Instruction:
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having a tendency to scandalise the Orissa High Court and its Honourable Judges, undermining its dignity in the estimation of the public, and impeaching its im... |
413 | Mothey Anja Ratna Raja Kumar Vs. Koney Narayana Rao & Others | Fazl Ali, J.1. These two appeals arise out of a suit filed by Koney Narayan Rao and 3 others (who are the respondents in Appeal No. 26 and the appellants in Appeal No. 27 and will hereinafter be referred to as "the plaintiffs) against one Ganga Raju (since deceased) and his adopted son, Mothey Anja Ratna Raja Kumar (wh... | 1[ds]ut it may be pointed out that the expression "compassionate allowance" was never used by the learned Judges in that case and all that they have said is that an illegitimate son can be allowed only a "compassionate rate of maintenance." In our opinion, even that expression is hardly appropriate, and the true legal ... | 1 | 786 | ### Instruction:
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Fazl Ali, J.1. These two appeals arise out of a suit filed by Koney Narayan Rao and 3 others (who are the respondents in Appeal No. 26 and the appellants in Appeal No. 27 and will he... |
414 | Secretary, Madras Gymkhana Club Employees'Union Vs. Management Of The Gymkhana Club | must give them their due. Industry is the nexus between employers and employees and it is this nexus which brings two distinct bodies together to produce a result. We do not think that the test that the workmen must not share in the product of their labours adopted in one case can be regarded as universal. There may be... | 0[ds]5. These definitions have been before this Court on many occasions and we have reached a point when one can say that at least some attributes of "industry" and industrial disputes" may be taken as well established. These ceases concerned such diverse institutions and establishments as municipalities, hospitals, so... | 0 | 8,064 | ### Instruction:
Based on the information in the case proceeding, determine the likely outcome: acceptance (1) or rejection (0) of the appellant/petitioner's case.
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must give them their due. Industry is the nexus between employers and employees and it is this nexus which brings two distinct bodies together t... |
415 | M. V. Ramasubbier And Others Vs. Manicka Narasimhachari And Others | capacity as the trustee of the Annandanam Trust for Rs. 21, 500/- on April 19, 1959, at a family sale. It appears from the statement of defendant No. 2 that the property was capable of, or could fetch a rent of about Rs. 190/- per mensem, amounting to Rs. 2, 280/- per annum. It has also been admitted that the sum of Rs... | 1[ds]Instead of examining the appeal with due regard to the above mentioned evidence, the High Court was obsessed by a consideration of the evidence which had been led for the purpose of showing that while defendant No. 1 had purchased the property for himself on April 19, 1959, for Rs. 21, 500/- , he gave up that adva... | 1 | 2,524 | ### Instruction:
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capacity as the trustee of the Annandanam Trust for Rs. 21, 500/- on April 19, 1959, at a family sale. It appears from the statement of defendant No. 2 that the property was capable ... |
416 | Ramchandra Murarilal Bhattad Vs. State Of Maharashtra | point of time, as was disclosed in the Counter Affidavit, had thought of setting up a Convention Centre of their own and without any private participation, but only because there has been a deviation from the said stand would not, in our considered opinion, render the entire policy decision vitiated in law. It had set ... | 0[ds]21. The principal question which arises for consideration is as to whether the Authority had any jurisdiction to cancel the bid.The Executive Committee is a statutory functionary. The powers and functions of the authority and the respective committees concededly are governed by the provisions of the statute, but, ... | 0 | 8,374 | ### Instruction:
From the information provided in the case proceeding, infer whether the court's decision will be positive (1) or negative (0) for the appellant.
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point of time, as was disclosed in the Counter Affidavit, had thought of setting up a Convention Centre of their own and without any private parti... |
417 | State Of Up Vs. M/S P.N.C.Construction Co. Ltd. | states that the tax on sale or purchase of goods would include a tax on transfer of property in goods involved in the execution of works contract. The emphasis is on the expression "transfer of property in goods (whether goods as such or in some other form)". Therefore, after the Forty-sixth Amendment to the Constituti... | 0[ds]12. We find no merit in the civil appeals filed by the State (Department). At the outset, we may state that there are no disputed facts which warrant adjudication. Assessee has entered into a contract to construct roads. In execution of the contract assessee is required to buy aforestated raw-materials which are u... | 0 | 4,596 | ### Instruction:
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states that the tax on sale or purchase of goods would include a tax on transfer of property in goods involved in the execution of works contract. The emphas... |
418 | KAILASH & ANR Vs. SANTOSH & ANR | 1. Leave granted. 2. The Judicial Magistrate, First Class, Sanwer District, Indore, Madhya Pradesh, by an order dated 24.12.2008, convicted the appellants for marrying off their under-aged son and daughter. The appellants pleaded guilty, as a result of which the Appellant No. 1 was sentenced to sit in Court till rising... | 1[ds]4. Having heard learned counsel for the parties, we are of the view that the offence under Section 6 of the Child Marriage Restraint Act, 1929 and the offence under Section 11 of the Prohibition of Child Marriage Act, 2006 are the same insofar as the appellants are concerned. It is true that the maximum sentence u... | 1 | 311 | ### Instruction:
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1. Leave granted. 2. The Judicial Magistrate, First Class, Sanwer District, Indore, Madhya Pradesh, by an order dated 24.12.2008, convicted the ... |
419 | State of Orissa Vs. Klockner and Company and Ors. | have found in favour of the first respondent 25. Now coming to Special Leave Petition (C) No. 19846 of 1995, this petition is filed against the judgment and order of the High Court of Orissa at Cuttack in First Appeal No. 14 of 1995 dated 12-5-1995. By the order under appeal, the High Court has reversed the order of th... | 0[ds]17. A conjoint reading of the clauses extracted from ther Ordinance and the agreement between the State of Orissa and Tata Iron Steel Company will clearly show that the State of Orissa is thet of OMC Charge Chrome Division, taken over by the Government under Ordinance 8 of 1991. In view of this clear position, it ... | 0 | 5,654 | ### Instruction:
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have found in favour of the first respondent 25. Now coming to Special Leave Petition (C) No. 19846 of 1995, this petition is filed against the judgmen... |
420 | Kehar Singh & Ors Vs. Chanan Singh & Ors | who had no opportunity whatever of appearing before the revenue authorities, the presumption would be weaker still, and very little evidence would suffice to rebut it. In Har Narain v. Mst. Deoki, (1893) 24 Pun Re p. 124 Roe, J. stated as follows :"There is no doubt a general tendency of the stronger to over-ride the w... | 1[ds]In the present case, there is no proof of any instance for or against the right of inheritance of a daughter of a deceased last male holder of the Sidhu tribe of Jats, either in the Muktsar Tahsil or in the whole district of Ferozepore. At least, none was brought to the notice of the lower courts by the plaintiff ... | 1 | 3,853 | ### Instruction:
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who had no opportunity whatever of appearing before the revenue authorities, the presumption would be weaker still, and very little evidence would suffice to... |
421 | Kishan Chand Vs. State Of U.P | Penal Code is declaratory of the vicarious liability of the members of an unlawful assembly for acts done in prosecution of the common object of that assembly or for such offences as the members of the unlawful assembly knew to be likely to be committed in prosecution of that object. If an unlawful assembly is formed w... | 0[ds]In a case of this nature, the injuries on the part of the defence witnesses need not detain us as sufferance of such injuries at the hands of the prosecution witnesses had not been believed by both the courts below. We do not see any reason to differ with the said findingsIf Phool Chand was armed by the purported ... | 0 | 5,751 | ### Instruction:
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Penal Code is declaratory of the vicarious liability of the members of an unlawful assembly for acts done in prosecution of the common object of that assembly or for such offences as... |
422 | Sukhram Vs. State Of Maharashtra | years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; if punishable with less than ten years imprisonment.-and if the offence is punishable with imprisonment for any term not extending to ten years, shall be punished with imprisonm... | 1[ds]11. We have perused the Trialrecord. We find that though charge for offence punishable under Section 302 of IPC had been framed against appellant A-1, no such charge was framed against appellant A-2, even with the aid of Section 34 IPC. The only charge framed against A-2 was for an offence punishable under Section... | 1 | 4,027 | ### Instruction:
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years, shall be punished with imprisonment of either description for a term which may extend to three years, and shall also be liable to fine; if punish... |
423 | Nirupama Ghosh Vs. Purnima Ghosh & Another | in the house from time to time. Having constituted himself the sole shebait in his life-time and his sons the shebaits after his demise, his declaration that his wife and youngest daughter also will be shebaits during their life-time and his eldest daughter was entitled to come and live in the house is rather difficult... | 0[ds]7. The only point argued before us by Mr. Sen on behalf of appellant Nirupama was that both the courts were in error in holding that the property in suit was not an absolute dedication but a partial dedication. It was contended that on a proper construction of Ext. 1, the Settlement Deed, dated November 1, 1918, m... | 0 | 3,687 | ### Instruction:
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in the house from time to time. Having constituted himself the sole shebait in his life-time and his sons the shebaits after his demise, his declaration that h... |
424 | CANARA BANK Vs. N.G. SUBBARAYA SETTY | Setty on the bank, the plaintiff bank cannot escape from the legal consequences of assignment deed obtained by them dated 8.10.2003 and it cannot be held that the assignment deed obtained, by the bank from N.G. Subbaraya Setty is unenforceable. Therefore, I answer both the issues 1 and 2 raised in O.S. 7018/2004 in the... | 1[ds]14. We may first deal with the preliminary point urged by Shri Mehta. He pressed into service the judgment in V. Rajeshwari v. T.C. Saravanabava, (2004) 1 SCC 551 for the proposition that a plea of res judicata not properly raised in the pleadings or put in issue at the stage of trial could not be permitted to be... | 1 | 15,288 | ### Instruction:
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Setty on the bank, the plaintiff bank cannot escape from the legal consequences of assignment deed obtained by them dated 8.10.2003 and it cannot be held that the assignment d... |
425 | Jasmeet Kaur Vs. Navtej Singh | 1. Leave granted. We have heard learned Counsel for the parties and perused the record.2. The Appellant filed a Guardianship Petition which was rejected by the Family Court Under Order VII Rule 11 of the Code of Civil Procedure on the ground that the parties are nationals of the United States of America and the U.S. co... | 0[ds]3. We have gone through the judgments of this Court in Surya Vadanan v. State of Tamil Nadu, (2015) 5 SCC 450 , Dr. V. Ravi Chandaran v. Union of India and Ors. (2010) 1 SCC 174 , Dhanwanti Joshi v. Madhav Unde, (1998) 1 SCC 112 , Surinder Kaur v. Harbax Singh Sandhu, (1984) 3 SCC 698 , Ruchi Majoo v. Sanjeev Majo... | 0 | 575 | ### Instruction:
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1. Leave granted. We have heard learned Counsel for the parties and perused the record.2. The Appellant filed a Guardianship Petition which was ... |
426 | Commissioner Of Income Tax, West Bengal, Vs. Balkrishan Malhotra | and issued a notice under S. 28 (3) in Form 30 only on March 31, 1954. The assessee contended that the assessment is barred under S. 34 (3). That contention was rejected by the authorities under the Act including the appellate tribunal but on a reference made by the tribunal to the High Court, the High Court following ... | 0[ds]6. It has been stated over and over again by this Court as well as by the Judicial Committee that the words "assessment" and the "assessee" are used in different places in the Act with different meaning. Therefore in finding out the true meaning of those words in any provision, we have to see to the context in whi... | 0 | 1,477 | ### Instruction:
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and issued a notice under S. 28 (3) in Form 30 only on March 31, 1954. The assessee contended that the assessment is barred under S. 34 (3). That contention was rej... |
427 | National Insurance Co.Ltd Vs. Saroj | adopted by this Court taking note of the prevalent banking rate of interest.12. In fact in Trilok Chands case (supra), after reference to Second Schedule to the Act, it was noticed that the same suffers from many defects. It was pointed out that the same is to serve as a guide, but cannot be said to be invariable ready... | 0[ds]9. It has not been denied or disputed that the multiplier method can be applied for the purpose of determination of the amount of compensation in a motor accident in terms of the provisions of the Motor Vehicles Act, 1988. We have, however, do not mean to suggest that the multiplier specified in the Second Schedul... | 0 | 2,399 | ### Instruction:
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adopted by this Court taking note of the prevalent banking rate of interest.12. In fact in Trilok Chands case (supra), after reference to Second... |
428 | K. V. Rajalakshmiah Setty & Anr Vs. State Of Mysore And Anr | on which they had taken charge would result in some junior officers being ranked above some senior persons and it was for this reason that Government had ordered the promotion of these 63 persons to take effect from the date of notification irrespective of the dates from which they were put in charge of the sub-divisio... | 0[ds]12. There is some force in some of the contentions put forward on behalf of the State of Mysore. It is not necessary to test them as we find ourselves unable to uphold the contention of the appellants. No doubt some concession had been shown to the first batch of 41 persons and the batches of persons who had come ... | 0 | 2,782 | ### Instruction:
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on which they had taken charge would result in some junior officers being ranked above some senior persons and it was for this reason that Government had ordered the promotion... |
429 | Associated Timber Inds. Vs. Central Bank Of India | (1) of Section 6 of the Act. Thus it is abundantly clear that the essence of banking is the relationship which is brought into existence at the time of the deposit into existence at the time of the deposit; that is the core of banking. It is true that the business of banking covers every possible phase or combination o... | 0[ds]36. Here we may also take note of the definition of the expressionin some other State. In BombayAct, 1946 Section 2 clause (10) provides thatmeans (I) an individual, or (ii) an undivided Hindu family; or (iiia) a company or (iv) an unincorporated body of individuals, who or which (a) carries on the business ofin t... | 0 | 4,677 | ### Instruction:
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(1) of Section 6 of the Act. Thus it is abundantly clear that the essence of banking is the relationship which is brought into existence at the ... |
430 | Dolphin Offshore Enterprises (India) Ltd Vs. United India Insurance Co. Ltd | The petitioner took Marine Insurance Policy from the respondent in respect of a Jack up Rig Friendly Dolphin-1. The insurance policy covered "loss of or damage to subject matter insured caused by perils of the sea and negligence of Master, Officers, Crew or Pilots". During the currency of the policy, the rig was towed ... | 0[ds]In our opinion, the reasons assigned by the State Commission and the National Commission for holding that the complaint was barred by time are correct. It is not in dispute that the claim made by the petitioner was repudiated by the respondent vide communication dated 30.10.2002 and the complaint was filed on 25.0... | 0 | 460 | ### Instruction:
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The petitioner took Marine Insurance Policy from the respondent in respect of a Jack up Rig Friendly Dolphin-1. The insurance policy covered "loss of or damage to subject matter insu... |
431 | State of U.P. & Another Vs. Johri Mal | of the lawyers to the party in power. Those who do not have such political affinity although competent are not appointed. Legal Remembrancers Manual clearly forbids appointment of such a lawyer and/or if appointed, removal from his office. The District Judge and the District Magistrate, therefore, are duty bound to see... | 1[ds]It appears that Shri K.S. Rakhra, District Judge, Meerut by his letter dated 11th September, 1998 addressed to the District Magistrate, Meerut although observed that the work and conduct of the respondent was satisfactory and he had not received any complaint in regard to his integrity, but it washowever, agree wi... | 1 | 13,627 | ### Instruction:
Based on the legal narrative and evidentiary details in the case proceeding, predict the court's stance: favorable (1) or unfavorable (0) to the appellant.
### Input:
of the lawyers to the party in power. Those who do not have such political affinity although competent are not appointed. Legal Remembr... |
432 | Madhya Pradesh Ration Vikreta Sanghsociety & Ors. Etc. Etc Vs. State Of Madhya Pradesh & Anr | now well settled .. that Art. 14 strikes at arbitrariness in State action and ensure fairness and equality of treatment. It requires that State action must not be arbitrary but must be based on some rational and relevant principle which is non- discriminatory; it must not b e guided by any extraneous or irrelevant cons... | 0[ds]The validity of the impugned scheme has been unheld by this Court in Sarkari Sasta Anaj Vikreta Sangh, Tehsil Bamatra and Ors. v. State of Madhya Pradesh and Ors. decided on August 26, 1981. The main challenge was that the scheme created a monopoly in trade in favour of cooperative societies and was thus violative... | 0 | 2,956 | ### 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:
now well settled .. that Art. 14 strikes at arbitrariness in State action and ensure fairness and equality of treatment. It requires that State action ... |
433 | M/S Mysodet (P) Ltd Vs. Commr.Of Income Tax,Bangalore | stated that Section 80HHC falls under Chapter VI-A which refers to deductions to be made in computing total income. Under Section 80A it is inter alia provided that in computing total income of an assessee, there shall be allowed from his gross total income deductions specified in Section 80C to 80U. It is further prov... | 1[ds]The above Circular indicates vide Para 4 of the Circular that Section 80HHC(3) statutorily fixes the quantum of deduction on the basis of a proportion of business profits under the head "profits and gains of business or profession" irrespective of what could strictly be described as profits derived from export of ... | 1 | 1,734 | ### Instruction:
Analyze the legal arguments presented and estimate the likelihood of the court accepting (1) or rejecting (0) the petition.
### Input:
stated that Section 80HHC falls under Chapter VI-A which refers to deductions to be made in computing total income. Under Section 80A it is inter alia provided that in... |
434 | PATEL AHMED MOHAMMAD Vs. BALWANT SINGH RAJPUT | raised in the application, the High Court noted that the appellant did not file the original copy of the election petition served on him, but produced only a photocopy of the allegedly served copy of the election petition along with the application filed for that purpose, bearing Election Application No.3 of 2018. The ... | 1[ds]15. We must agree with the High Court that to test the arguments of the appellant as to whether the copy served on(1964) 3 SCR 573 (1964) 6 SCR 213 (1999) 4 SCC 274 him was a true copy of the original election petition or otherwise, it was imperative for him to produce the copy of the petition actually served on h... | 1 | 4,912 | ### 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:
raised in the application, the High Court noted that the appellant did not file the original copy of the election petition served on him, but prod... |
435 | Workmen Represented By Secretary Vs. Management Of Reptakos Brett.And Co. Ltd. And Anr | company to pay according to this scheme. From the materials available we do not find that this plea can be accepted. The records produced show that despite this system of dearness allowance the Company has been making profits and has been improving its position year by year ............................. We do not think... | 1[ds]24. We are of the view that it would not be safe to accept the findings of the Appellate Tribunal in Buckingham case as the basis for fixing the wage structure to the prejudice of the workmen. This Court in Standard Vacuum case (supra) has further held that in Bombay the minimum wage in the year 1940 was Rs. 50 to... | 1 | 5,582 | ### Instruction:
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### Input:
company to pay according to this scheme. From the materials available we do not find that this plea can be accepted. The records produced show that despite this system of dear... |
436 | Teg Singh And Others Vs. Charan Singh And Another | and the High Court.(4) On June 3, 1976 appellants filed a special leave petition in this Court challenging the High Court judgment. They raised, inter alia, a new contention (ground No. B) that in decreeing the suit, the court s below had overlooked the relevant provisions of the Punjab Customs (Power to Contest). Amen... | 0[ds]It is, therefore, true that if it became necessary after the Amending Act of 1973 to contest the gift executed by Mula in favour of Bhagwati Devi, s. 7 of the Act of 1920 would operate as a bar to such a contest. However, as we have stated earlier, it was not necessary for the respondent, in view of the decree pas... | 0 | 1,365 | ### Instruction:
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and the High Court.(4) On June 3, 1976 appellants filed a special leave petition in this Court challenging the High Court judgment. They raised, inter ... |
437 | Collector of Customs, Cochin Vs. Toshiba Anand Batteries Ltd | S.C. Agrawal and S.C. Sen, JJ. 1. We have heard Shri K.N. Bhat, the learned Additional Solicitor General of India on the appeals. Nobody appeared for the respondent even though duly served. These appeals are directed against the impugned order dated March 25, 1987 passed by the Customs, Excise & Gold (Control) Appellat... | 1[ds]2. Having regard to the fact that the Tribunal had earlier allowed the appeals against the same order of the Collector of Appeals and the view of the Tribunal has been upheld by this Court, we are of the view that these are fit cases in which the Tribunal should have condoned the delay in the filing of the appeal ... | 1 | 360 | ### Instruction:
Using the case data, forecast whether the court is likely to side with (1) or against (0) the appellant/petitioner.
### Input:
S.C. Agrawal and S.C. Sen, JJ. 1. We have heard Shri K.N. Bhat, the learned Additional Solicitor General of India on the appeals. Nobody appeared for the respondent even thoug... |
438 | Salim Akbarali Nanji Vs. Union Of India | therefore, entitled to invoke the writ jurisdiction of the High Court for issuance of Writ of Mandamus to the Reserve Bank of India to act in accordance with its statutory obligations. In this connection, reference has been made to Sections 21, 22(4), 27, 30, 35, 35A, 36, 36AA, and 45 of the Banking Regulation Act, 194... | 0[ds]14. In the instant case also since the Respondent No.6 Bank proposes to appropriate the sums from their reserves, it sought by way of abundant caution the approval of the Reserve Bank of India. There is, therefore, no justification for the grievance that in granting approval to the bank to write off its non-perfor... | 0 | 4,003 | ### Instruction:
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### Input:
therefore, entitled to invoke the writ jurisdiction of the High Court for issuance of Writ of Mandamus to the Reserve Bank of India to act in ac... |
439 | Subbarao Vs. Member, Election Tribunal, Hyderabad & Others | served on the appellant did not exactly correspond to that in the original in that in the latter one of the paragraphs was stated to be true to the personal knowledge of the petitioner while in the former that paragraph was omitted from this group.23. The other type of effect which was claimed to constitute non-complia... | 1[ds]14. We are not impressed by this argument. When S. 81(3) requires an election petition to be accompanied by the requisite number of copies, it becomes a requirement for the presentation of the election petition to the Commission, and therefore a condition precedent for the proper presentation of an election petiti... | 1 | 5,509 | ### 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:
served on the appellant did not exactly correspond to that in the original in that in the latter one of the paragraphs was stated to be true to th... |
440 | Tarlochan Development Sharma Vs. State of Punjab | defects, there was nothing wrong in his asking the Executive Officer not to make the payment unless he was satisfied that the machine was fit for the purpose for which it was being purchased, all the more, when the funds for purchasing the machine were made available to the Municipality by the District Planning Board. ... | 1[ds]That a returned candidate must hold and enjoy the office and discharge other duties related therewith during the term specified by the relevant enactment is a valuable statutory right not only of the returned candidate but also of the constituency or the electoral college which he represents. Removal from such an ... | 1 | 4,604 | ### Instruction:
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defects, there was nothing wrong in his asking the Executive Officer not to make the payment unless he was satisfied that the machine was fit for the purpose for which... |
441 | NIRMALA KOTHARI Vs. UNITED INDIA INSURANCE CO.LTD | forth the facts of the present case, the question of law that arises for consideration is what is the extent of care/diligence expected of the employer/insured while employing a driver? To answer this question, we shall advert to the legal position regarding the liability of the Insurance Company when the driver of the... | 1[ds]7. Breach of conditions under Section 149(2)(a) of the Motor Vehicles Act, 1988 absolves the insurer of its liability to the insured. Section 149(2)(a)(ii) deals with the conditions regarding driving licence. In case the vehicle at the time of accident is driven by a person who is not duly licenced or by a person ... | 1 | 2,028 | ### 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:
forth the facts of the present case, the question of law that arises for consideration is what is the extent of care/diligence expected of the emp... |
442 | M/S. Prestige Lights Ltd Vs. State Bank Of India | the said property is free from all encumbrances, claims or demands of any kind or nature whatsoever. I/We shall not sell, charge, encumbrance, lease, dispose off or deal with any of my/our property in any manner whatsoever until such time all the liabilities under the various facilities granted to M/s. Prestige Lights ... | 0[ds]hold that by dismissing the petition in limine, the High Court has neither committed an error of law nor of jurisdiction. The appellant-Company is not entitled to any relief. Though the respondent-Bank is right in submitting that the appellant has suppressed material facts from this Court as also that it has not c... | 0 | 6,089 | ### 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:
the said property is free from all encumbrances, claims or demands of any kind or nature whatsoever. I/We shall not sell, charge, encumbrance, lease, dispose ... |
443 | UNION OF INDIA AND ORS Vs. P. BALASUBRAHMANAYAM | specifically paras 704 and 705, were examined qua the instructions contained therein and the consequence of non-compliance thereof by the investigating officer dealing with the departmental trap. The instructions were held to be procedural in character and not of a substantive nature and they were meant not for the del... | 1[ds]15. We have given thought to the aforesaid limited controversy and examined the records. We are of the view that the reliance on the Circular really does not help the case of the respondent inter alia for the reason that once it is found that the case does not have a vigilance angle, albeit after conclusion of inq... | 1 | 3,535 | ### Instruction:
Interpret the case information and speculate on the court's decision: acceptance (1) or rejection (0) of the presented appeal.
### Input:
specifically paras 704 and 705, were examined qua the instructions contained therein and the consequence of non-compliance thereof by the investigating officer deal... |
444 | S. Pratap Singh Vs. The State Of Punjab | reply made by the State is also not very helpful or satisfactory. It is precisely where a challenge to the validity of a statute is made by a party under Article 14 and he fails to adduce satisfactory evidence in support of his challenge that the task of the Court to decide the issue becomes very difficult. In consider... | 0[ds]only in regard to the private lands of Rulers. That is one relevant and historical fact which cannot be ignored.9. Proceeding to deal with the private lands of Rulers on this basis the legislature has to prescribed the method of determining the rent payable by the said lands; and the relevant factors specified by ... | 0 | 3,791 | ### Instruction:
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### Input:
reply made by the State is also not very helpful or satisfactory. It is precisely where a challenge to the validity of a statute is made by a party under Article 14 and he fails to a... |
445 | Commissioner of Income-Tax, Panaji, Goa Vs. Hede Consultancy Private Limited & Another | acquire any capital asset. The only advantage which the assessee derived by spending the money was that it got the lease of a new building at a low rent. From the business point of view, therefore, the assessee got the benefit of reduced rent. The expenditure was, therefore, treated as revenue expenditure. 12.The Apex ... | 0[ds]13.The Apex Court while dealing with this question relied on the following cases:(i) Lakshmiji Sugar Mills co. P. Ltd. vs. CIT, (1971) 82 ITR 376 (SC); wherein the assessee company was carrying on business of manufacture and sale of sugar. It paid to the Cane Development Council certain amounts by way of contribut... | 0 | 2,924 | ### Instruction:
Using the case data, forecast whether the court is likely to side with (1) or against (0) the appellant/petitioner.
### Input:
acquire any capital asset. The only advantage which the assessee derived by spending the money was that it got the lease of a new building at a low rent. From the business poi... |
446 | K.L. Subbayya Vs. State of Karnataka | FAZAL ALI, J. 1. In this appeal by Special Leave the appellant has been convicted under section 34 of the Mysore Excise Act and sentenced to three months rigorous imprisonment and a fine of Rs. 100/- for being in possession of 48 bottles of liquor which were recovered from a car which was being driven by the appellant.... | 1[ds]In our opinion, the contention is well-founded and must prevail, Section 53 runs thus:If a Magistrate, upon information and after such inquiry (if any) as he thinks necessary, has reasons to believe that an offence under section 32, section 33, section 34, section 36 or section 37 has been, is being or is likely t... | 1 | 809 | ### Instruction:
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FAZAL ALI, J. 1. In this appeal by Special Leave the appellant has been convicted under section 34 of the Mysore Excise Act and sentenced to three months rigorous imprisonment and a ... |
447 | Kasturi & Sons Private Limited Vs. N. Salivateswaran & Another | relevant for our purpose. Under S. 33-C, sub-s. (2), where any workman is entitled to receive from his employer any benefit which is capable of being computed in terms of money, the amount at which such benefit may be computed may, subject to any rules made under this Act, be determined by such Labour Court as may be s... | 0[ds]In our opinion, this approach really begs the question. If the legislature did not confer adequate powers on the specified authority under S. 17, a more reasonable inference would be that the nature and scope of the powers under S. 17 is very limited and the legislature knew that, for holding such a limited and na... | 0 | 3,747 | ### 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:
relevant for our purpose. Under S. 33-C, sub-s. (2), where any workman is entitled to receive from his employer any benefit which is ca... |
448 | RAMAKRISHNA MISSION Vs. KAGO KUNYA | a wider sense, there is no public law element involved in the enforcement of a private contract of service. 30. Having analysed the circumstances which were relied upon by the State of Arunachal Pradesh, we are of the view that in running the hospital, Ramakrishna Mission does not discharge a public function. Undoubted... | 1[ds]16. Ramakrishna Mission runs a 263 bedded hospital at Itanagar. The grant in aid which is provided by the State government covers the cost of running 60 beds out of 263 bedded hospital. Relevant factual data in regard to the nature and extent of the grants has been placed on record. About 32.26 per cent of the tot... | 1 | 5,568 | ### 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:
a wider sense, there is no public law element involved in the enforcement of a private contract of service. 30. Having analysed the circumstances which were r... |
449 | Union of India Vs. ABN Amro Bank & Others | have to file application in prescribed form for approval of foreign equity upto 51% equity. 57. Newly set-up trading company primarily engaged in export has therefore also to satisfy the conditions laid down in clause (b) of paragraph 1 of the Notification dated 13.01.1998 and the contention that a trading company is p... | 1[ds]59. We are of the view that the company cannot go back from the information already furnished by it in the application, form which are declared as true and correct. Based on that application RBI vide its communication dated 29.6.1998 granted registration No.FC98NDR1005. Registration, in our view, pertains only to ... | 1 | 14,937 | ### Instruction:
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### Input:
have to file application in prescribed form for approval of foreign equity upto 51% equity. 57. Newly set-up trading company primarily engaged in export has ... |
450 | M/S. Asahi India Glass Limited Vs. The State of Maharashtra & Others | it may be, and unscientific. But even such critism should not be hastily expressed. What is best is not always discernible, the wisdom of any choice may be disputed or condemned. Mere errors of government are not subject to our judicial review. It is only its palpably arbitrary exercises which can be declared void.... ... | 1[ds]In our opinion, reliance placed in the said section for the purpose of considering the issue in question is wholly irrelevant. Under section 33C when two or more companies are to be amalgamated by the Order of a Court or of the Central Government and the Order is to take effect from a date anterior to the date of ... | 1 | 4,067 | ### Instruction:
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it may be, and unscientific. But even such critism should not be hastily expressed. What is best is not always discernible, the wisdom of any choice may be d... |
451 | B.K. PAVITRA Vs. UNION OF INDIA | of Indra Sawhney holds that the creamy layer principle is a principle of equality. 138. Though, we have not accepted the above submission which was urged by Ms Jaising on behalf of the intervenors, we will have to decide as to whether the Reservation Act 2018 is unconstitutional. The challenge in the present case is to... | 0[ds]60. Besides the Governor, the legislatures of the States consist of a bicameral legislature for some States and a unicameral legislature for others.62. Where a Bill is not a Money Bill, the Governor may return the Bill for reconsideration upon which the House or Houses, as the case may be, will reconsider the desi... | 0 | 39,821 | ### Instruction:
Based on the legal narrative and evidentiary details in the case proceeding, predict the court's stance: favorable (1) or unfavorable (0) to the appellant.
### Input:
of Indra Sawhney holds that the creamy layer principle is a principle of equality. 138. Though, we have not accepted the above submissi... |
452 | Mohd. Ilyas Vs. Union of India and Another | citizen of India by virtue of Article 6 or Article 8, if he has voluntarily acquired the citizenship of any foreign State. Hence, if the appellant is said to have voluntarily acquired Pakistani citizenship then he cannot be held to be an India citizen.8. Section 9 of the Citizenship Act provides :"(1) Any citizen of In... | 0[ds]13. On the allegations made above the appellant challenged by means of a suit the order made by the central Government holding that he had voluntarily acquired the citizenship of Pakistan. That suit was dismissed and the judgment of the Trial Court was affirmed both in first appeal as well as in second appeal.14. ... | 0 | 1,874 | ### 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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citizen of India by virtue of Article 6 or Article 8, if he has voluntarily acquired the citizenship of any foreign State. Hence, if the appellant is s... |
453 | State Of Punjab Vs. Karnail Singh | Dr. Arijit Pasayat, J. 1. Leave granted. 2. Challenge in this appeal is to the judgment of the learned Single Judge of the Punjab and Haryana High Court allowing the Criminal revision petition filed by the respondent. 3. Challenge before the High Court was to the order dated 11.5.2004 passed by learned Special Judge, M... | 1[ds]The High Court has not analysed the factual position. It is also not known whether the details asked by the High Court like the total share capital of the Bank and as to whether it falls within the definition of Government Company were supplied or not. The effect of the affidavit filed by the Managing Director als... | 1 | 716 | ### 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:
Dr. Arijit Pasayat, J. 1. Leave granted. 2. Challenge in this appeal is to the judgment of the learned Single Judge of the Punjab and Haryana Hi... |
454 | HUCHANAGOUDA Vs. THE ASSISTANT COMMISSIONER AND LAND ACQUSITION OFFICER | of the fact that large number of other similarly situated persons who were affected by the determination of compensation by the Land Acquisition Officer or the Reference Court have been granted relief.?6. We further take note that this Court in the case of Dhiraj Singh (Dead) Thr. Lrs. And Others v. State of Haryana an... | 1[ds]7. Following the above judgment and for the further reasons assigned above, in our view the delay of 2154 days in filing and 252 days in refiling S.L.P.(C) Diary No.27982 of 2017 as also the delay of 2109 days in filing and 250 days in refiling S.L.P.(C)Diary No.27981 of 2017 cannot be a reason to deny the conside... | 1 | 1,679 | ### Instruction:
From the information provided in the case proceeding, infer whether the court's decision will be positive (1) or negative (0) for the appellant.
### Input:
of the fact that large number of other similarly situated persons who were affected by the determination of compensation by the Land Acquisition O... |
455 | The Andhra Prabha Ltd. & Ors Vs. Secretary, Madras Union Of Journalists & Ors | Ltd. and became a public company towards the end of 1960; (b) Before the company became a public company, Ramnath Goenka and the members of his family held 4,000 out of 4,200 shares; (c) till May 1959 the company which owned the entire group of newspapers published by the same Management at three branch offices one in ... | 1[ds]12. No attempt was made before us to show that the Tribunals conclusion about the absence of the verbal assurance or the inference to be drawn in respect thereof from the circumstances was wrong.It will be noticed that these two decisions were given before the amendment of the Industrial Disputes Act by the inclus... | 1 | 6,615 | ### Instruction:
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### Input:
Ltd. and became a public company towards the end of 1960; (b) Before the company became a public company, Ramnath Goenka and the members of his family held 4,0... |
456 | Rajiv Kumar Gupta and Others Vs. The State of Maharashtra | the same averments are sufficient to consider the offences under the food Adulteration Act then, it is difficult to quash the averments as this stage pertaining to section 420 of the IPC. Prima facie, it appears to us that the positive assertion in the newspapers dated 18/8/2005 by the said Company and similar contenti... | 0[ds](14) WE are not impressed by this submission and as rightly contended by the learned public prosecutor that" the averment involving section 420 of the IPC in the present case has a foundation because of positive assertion made by the petitioners. Firstly, by submitting an application along with their labels and de... | 0 | 4,704 | ### Instruction:
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the same averments are sufficient to consider the offences under the food Adulteration Act then, it is difficult to quash the averments as this stage pertain... |
457 | The Commissioner of Income Tax, Chennai Vs. Mohammed Meeran Shahul Hameed | 263, more particularly sub-section (2) of Section 263 of the Act. It is submitted that the High Court has erred in holding that the revision order dated 26.03.2012 passed by the Commissioner under Section 263 of the Act was barred by period of limitation provided under Section 263 (2) of the Act. 3.1 It is submitted th... | 1[ds]4. We have heard the learned counsel appearing on behalf of the respective parties at length. Though it is the case on behalf of the respondent – assessee that by now the issue involved in the present appeal has become academic, considering the fact that the question of law raised in the present appeal is the pure... | 1 | 1,935 | ### Instruction:
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263, more particularly sub-section (2) of Section 263 of the Act. It is submitted that the High Court has erred in holding that the revision order dated 26.03.2012 passed by the Commiss... |
458 | Commissioner of Cgst & Central Excise Vs. Shriram Transport Finance Company Limited | financial leasing services in Section 65(12)(a)(i). 12.3. While relying on the above decision and the decisions of the Apex Court in the case of Commissioner of Central Excise & Service Tax, New Delhi Vs. M/s. Lease Plan India Ltd. (final order No.50113-20116/2018 dated 10th January 2018 in Appeal No. ST/51947-51950/20... | 0[ds]8.1. At the outset we need to clarify that the expression banking and other financial services which finds place in Section 65(12)(a) (i) of the Finance Act, 1994 (as amended). Respondent assessee is a non-banking financial company (briefly referred to as NBFC). RBI was constituted under the Reserve Bank of India ... | 0 | 8,322 | ### 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:
financial leasing services in Section 65(12)(a)(i). 12.3. While relying on the above decision and the decisions of the Apex Court in the case of Commissioner ... |
459 | ASHIM @ ASIM KUMAR HARANATH BHATTACHARYA @ ASIM HARINATH BHATTACHARYA @ ASEEM KUMAR BHATTACHARYA Vs. NATIONAL INVESTIGATION AGENCY | as Act 2008) mandates that the trial under the Act of any offence by a Special Court shall be held on day-to-day basis on all working days and have precedence over the trial of any other case and Special Courts are to be designated for such an offence by the Central Government in consultation with the Chief Justice of ... | 1[ds]8. The charges against the accused appellant are undoubtedly serious but the charges will have to be balanced with certain other factors like the period of incarceration which the appellant has undergone and the likelihood period within which the trial can be expected to be finally concluded. That apart, the appel... | 1 | 1,756 | ### Instruction:
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### Input:
as Act 2008) mandates that the trial under the Act of any offence by a Special Court shall be held on day-to-day basis on all working days and have precedence ... |
460 | V. Verghese and Another Vs. Commissioner of Income Tax, Kerala | revenue and not capital. The court observed that if income from the sale of coal from a coal-mine or stone won from a quarry, or from the sale of paddy grown on land be regarded as income, but for the special exemption granted under the Income-tax Act, there is no logical reason for holding that income from sale of tre... | 0[ds]It is not necessary for the purpose of this case to enter upon a detailed analysis of the principle underlying the decisions and to resolve the conflict. On the finding in the present case it is clear that the trees were not removed with routs. The stumps of the trees were allowed to remain in the land so that the... | 0 | 2,606 | ### Instruction:
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### Input:
revenue and not capital. The court observed that if income from the sale of coal from a coal-mine or stone won from a quarry, or from the sale of paddy grown on land be regard... |
461 | The Commissioner Of Income-Tax, Madras Vs. Mysore Chromite Limited | place outside British India and, ex hypothesis the profits derived from such sales arose outside British India.8. As to the second question, the.. learned Solicitor-General contends that irrespective of the place where the sale may have. taken place the profits derived from such sales were received in Madras. It is rec... | 0[ds]According to section 4 of the Indian Sale of Goods Act a contract of sale of goods is a contract whereby the seller transfer, % or agrees to transfer the property in goods to the buyer for a price and where under a contract of sale the property in the goods is transferred from the seller to the buyer, the contract... | 0 | 4,167 | ### Instruction:
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place outside British India and, ex hypothesis the profits derived from such sales arose outside British India.8. As to the second question, the.. learned Solicitor-General contends ... |
462 | The District Council; United Khasi-Jaintia Hills, Shillon Vs. Ka Drepsila Lyngdoh Of Syllai-U-Lor, Mylliem, Myllie | subject to the exceptions hereinafter specified and unless otherwise declared by the Government of Assam, be in force in the said village in so far as the same may be applicable thereto.Provided that Chapter II and Sections 9, 51, 58, 59 (b), 59 (g), 65, 78, 217 and 218 of the said Act shall not apply to the said villa... | 1[ds]There could be also no disputes in view of paragraph 6 of the Schedule, as to the power of the District Council to manage the Bara Bazar Market and to issue for that purpose the orders impugned in these two cases. if the provisions of the Sixth Schedule to which we have so far referred were the only relevant provi... | 1 | 2,341 | ### Instruction:
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subject to the exceptions hereinafter specified and unless otherwise declared by the Government of Assam, be in force in the said village in so far as the same may be ... |
463 | M/S STAR WIRE (INDIA) VIDYUT PVT LTD Vs. HARYANA ELECTRICITY REGULATORY COMMISSION | by the Commission in the suo moto proceedings initiated by it for revision of norms (for tariff operation for the second control period commencing from 1 st April, 2013). That order runs into over 100 typed pages and has analysed the necessity of revision visˆ-vis each head to be reckoned for determination of tariff. ... | 1[ds]8. After perusing the impugned judgment, we have no hesitation in taking the view that the High Court has committed manifest error or so to speak, failed to exercise jurisdiction vested in it for adjudicating the relevant issues raised by the appellants. For, there is hardly any intelligible discussion in the impu... | 1 | 3,969 | ### Instruction:
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### Input:
by the Commission in the suo moto proceedings initiated by it for revision of norms (for tariff operation for the second control period commenci... |
464 | Smt. Mallawwa Vs. Oriental Insurance Co. Ltd | be said to have been carried for hire or reward when he travels in a goods vehicle either on payment of fare or along with his goods. It is not necessary to refer to those decisions which were cited at Bar as we find that all the relevant aspects were not taken into consideration while expressing one view or the other.... | 1[ds](22). Therefore it is not required that a policy of insurance should cover risk to the passengers who are not carried for hire or reward. As under section 95 the risk to a passenger in a vehicle who is not carried for hire or reward is not required to be insured the plea of the counsel for the insurance company wi... | 1 | 5,028 | ### Instruction:
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### Input:
be said to have been carried for hire or reward when he travels in a goods vehicle either on payment of fare or along with his goods. It is not necessary to refer to those decisions ... |
465 | Lallan Singh & Others Vs. State of Bihar | any receipts showing payment of the rent to the alleged tenure holders, but it may be that no receipts was granted for Batai rent. The High Courts regarding this observed :"It is said that no receipt was granted for the Batai rent. But the rent suit of 1919 gave on opportunity to Ramcharitar to contest the same, pleadi... | 0[ds]6. It seems to us that there is force in the contentions of the learned counsel. Ext. 2 was clearly misread by the Highis admitted before us that there is no other proof regarding Ext. 17. In view of the ruling of this Court there is no presumption regarding the genuineness of Ext. 17 and the High Court was wrong ... | 0 | 2,468 | ### 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:
any receipts showing payment of the rent to the alleged tenure holders, but it may be that no receipts was granted for Batai rent. The ... |
466 | Omnia Technologies P. Ltd Vs. W.M.A. Van Loosbroek | the Indian Parent Company.c) In all situations, PIM would be required to introduce the two parties to this Agreement, as a single entity, responsible for managing clients/prospective clients in the whole of Europe.d) All proposals, documentation submitted, would be in the name of OMNIA as the Indian Parent Company, wit... | 1[ds]5. When this petition came up for hearing before me on 15th November, 2010, it was pointed out to learned counsel for the respondent that in case this Court was to pronounce upon the effect of Clause 4 of the termination agreement finally and further in case this Court were to hold that Clause 4 did not prevent th... | 1 | 1,274 | ### 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:
the Indian Parent Company.c) In all situations, PIM would be required to introduce the two parties to this Agreement, as a single entity, responsible for mana... |
467 | Chandrika Misir & Anr Vs. Bhaiya Lal | finding. The finding on the first issue was that the defendant took actual possession of the plots in 1951-52. The finding on the second issue was that plaintiff no. 1 Chandrika Misir was a minor when Jagdamba died in 1948 and that he attained majority in the year 1955 and not before that.4. When the case again came be... | 0[ds]It is to be noticed that the suit had been filed in a Civil Court for possession and the Limitation Act will be the Act which will govern such a suit. It is not the case that U. P. Act No. 1 of 1951 authorises the filing of the suit in a Civil Court and prescribes a period of limitation for granting the relief of ... | 0 | 1,439 | ### 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:
finding. The finding on the first issue was that the defendant took actual possession of the plots in 1951-52. The finding on the second issue w... |
468 | M/s Tirupati Steels Vs. M/s Shubh Industrial Component & Anr | parties are governed by the provisions of the MSMED Act, 2006. The appellant herein preferred a claim petition before the Micro and Small Enterprises Facilitation Council constituted under the MSMED Act, 2006 for recovery of Rs. 1,40,13,053/- and interest amounting to Rs. 1,32,20,100/- which comes to a total amounting ... | 1[ds]4. The question which is posed for consideration of this Court is, whether, the pre--deposit of 75% of the awarded amount as per section 19 of the MSMED Act, 2006, while challenge to the award under section 34 of the Arbitration Act, 1996, is made mandatory or not, is now no longer res integra in view of the decis... | 1 | 1,301 | ### Instruction:
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### Input:
parties are governed by the provisions of the MSMED Act, 2006. The appellant herein preferred a claim petition before the Micro and Small Enterprises Facilitation Council constituted... |
469 | KERALA AYURVEDA PARAMPARYA VAIDYA FORUM Vs. STATE OF KERALA | to be registered, there is no question of getting the protection under sub-section (3) of Section 17 of the said Act. It is to be stated here that there is also no challenge as to the validity of the said Central Act, 1970. The decision of the Delhi High Court therefore cannot be assailed by the appellants. We may indi... | 0[ds]Even though the impact of the provisions of the IMCC Act was not considered but the provision of Section 17 of the IMCC Act also provides for recognition of medical qualification included in Second, Third and Fourth Schedules to be sufficient qualification for enrolment on any State Register of Indian Medicine. Th... | 0 | 7,033 | ### 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:
to be registered, there is no question of getting the protection under sub-section (3) of Section 17 of the said Act. It is to be state... |
470 | Sita Ram Vs. Balbir @ Bali | that there is no jurisdiction to commit him for contempt as distinguished from a breach of the injunction, which has a technical meaning. A motion to commit a man for breach of an injunction, which is technically wrong unless he is bound by the injunction, is one thing; and a motion to commit a man for contempt of cour... | 1[ds]21. The explanation offered by Dr. Munish Prabhakar and Dr. Sachdev that the respondent trapped the hospital and by non-payment of the bills kept prolonging his stay in the hospital does not inspire confidence at all. If the hospital was really a victim of the machinations of the respondent, at the first opportuni... | 1 | 8,880 | ### 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:
that there is no jurisdiction to commit him for contempt as distinguished from a breach of the injunction, which has a technical meaning. A moti... |
471 | Mrs.Pushpa P. Mulchandani & Others Vs. Admiral Radhakrishin Tahiliani (Retd.) & Others | opinion, in this regard reference can be made to the provisions of sub-section 4 of Section 43. They read as under:-"43(4) Where the Court orders that an arbitral award be set aside, the period between the commencement of the arbitration and the date of the order of the Court shall be excluded in computing the time pre... | 1[ds]12.From the rival submissions, it is clear that it is an admitted position that the copies of the valuation reports were not supplied to the Appellants during the pendency of the arbitration proceedings. They were also not supplied to the Appellants during the pendency of the proceedings before the learned single ... | 1 | 9,548 | ### Instruction:
Using the case data, forecast whether the court is likely to side with (1) or against (0) the appellant/petitioner.
### Input:
opinion, in this regard reference can be made to the provisions of sub-section 4 of Section 43. They read as under:-"43(4) Where the Court orders that an arbitral award be set... |
472 | Associated Cement Staff Union & Another Vs. Associated Cement Company & Others | for increasing the working hours to the extent as prayed for by the Company.3. The first contention raised by Mr. Ramamurthi in support of the workmens appeals is that having fixed the wages of the workmen on the basis of the existing working hours of 34-1/4 hours in its award in Reference No. 111 the Tribunal was not ... | 0[ds]3. The first contention raised by Mr. Ramamurthi in support of the workmens appeals is that having fixed the wages of the workmen on the basis of the existing working hours ofhours in its award in Reference No. 111 the Tribunal was not justified in changing the working hours without making a change in the wage rat... | 0 | 1,647 | ### 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:
for increasing the working hours to the extent as prayed for by the Company.3. The first contention raised by Mr. Ramamurthi in support of the workmens appeal... |
473 | Charan Dass Duggal Vs. Brahma Nand | the respondent-landlord. The appellant-tenant moved an application seeking leave to defend the ejectment petition. He inter alia, contended that the respondent landlord has a big house named ‘Parkash Bhawan, Gurdaspur Road, Pathankot, and is residing at that place and is not residing in Delhi. A serious contention was ... | 1[ds]6. The genesis of our procedural laws is to be traced to principles of natural justice. The principles amongst them being that no one shall suffer civil or evil or pecuniary consequence at his back without giving him an adequate and effective opportunity to participate to disprove the case against him and prove hi... | 1 | 1,218 | ### Instruction:
From the information provided in the case proceeding, infer whether the court's decision will be positive (1) or negative (0) for the appellant.
### Input:
the respondent-landlord. The appellant-tenant moved an application seeking leave to defend the ejectment petition. He inter alia, contended that t... |
474 | Ramanand Singh Vs. State of Bihar and Another | resides.(ii) Home Guards shall be enrolled by the District Magistrate on the recommendation of a Committee in each District consisting of the Commandant-General or in his absence Battalion Commandant, the District Magistrate and the Superintendent of police of the district, and a non-official Member nominated by the Pr... | 0[ds]4. Relying on this Rule the appellant contended that the power to appoint Company Commander was conferred by the Rules on the provincial Government and, therefore,would not be the appointing authority and was in fact not the appointing authority and, therefore, the order dismissing the appellant from service made ... | 0 | 2,080 | ### 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:
resides.(ii) Home Guards shall be enrolled by the District Magistrate on the recommendation of a Committee in each District consisting of the Commandant-Gener... |
475 | M/s. Sandur Manganese & Iron Ores Ltd Vs. Commissioner of Income Tax | Heard learned counsel on both sides. These civil appeals filed by the assessee pertain to Assessment Years 1985-1986, 1986-1987, 1989-1990, 1990-1991 and 1992-1993. The assessee is a limited Company engaged in the business of extraction of manganese and iron ore. The assessee is also a mine owner. For Assessment Year 1... | 1[ds]In the present case, we do not know how the ITAT and the High Court have come to the conclusion that these payments made by the assessee constituted reimbursement. As stated above, for the Assessment Year 1985-1986, the Assessing Officer records that an amount of Rs.11,40,641/- has been incurred by payments to oth... | 1 | 1,024 | ### Instruction:
From the information provided in the case proceeding, infer whether the court's decision will be positive (1) or negative (0) for the appellant.
### Input:
Heard learned counsel on both sides. These civil appeals filed by the assessee pertain to Assessment Years 1985-1986, 1986-1987, 1989-1990, 1990-1... |
476 | GOVERNMENT OF KERALA & ANR Vs. MOTHER SUPERIOR ADORATION CONVENT | of the Tribunal but without any order as to costs. 19. While construing an exemption in a sales tax statute, this Court in CST v. Amara Raja Batteries Ltd (2009) 8 SCC 209 held: 21. An exemption notification should be given a literary (sic literal) meaning. Recourse to other principles or canons of interpretation of st... | 0[ds]12. A reading of the provision would show that the object for exempting buildings which are used principally for religious, charitable or educational purposes would be for core religious, charitable or educational activity as well as purposes directly connected with religious activity. One example will suffice to ... | 0 | 8,246 | ### Instruction:
From the information provided in the case proceeding, infer whether the court's decision will be positive (1) or negative (0) for the appellant.
### Input:
of the Tribunal but without any order as to costs. 19. While construing an exemption in a sales tax statute, this Court in CST v. Amara Raja Batte... |
477 | State Of Gujarat Vs. Akhil Gujarat Pravasi V.S.Mahamandal&Ors | It was held that the short break taken during the course of journey could not fasten liability for tax as the words kept employed in Section 3 had an altogether different connotation, which has an element of stationariness. The principle laid down in this case can hardly have any application here. Similarly, the writ p... | 1[ds]Learned counsel for the writ petitioners has also submitted that only contract carriages which are designated as omnibuses and luxury or tourist designated omnibuses have been subjected to a very heavy tax under Section 3A of the Act, whilst all other vehicles are taxed under Section 3 of the Act and whereunder th... | 1 | 9,325 | ### Instruction:
Using the case data, forecast whether the court is likely to side with (1) or against (0) the appellant/petitioner.
### Input:
It was held that the short break taken during the course of journey could not fasten liability for tax as the words kept employed in Section 3 had an altogether different conn... |
478 | Madras Rubber Factory Ltd Vs. The Union Of India & Ors | order dated November 25, 1972 stating therein :-"The Govt. of India have carefully considered the reasons advanced by the petitioners for their failure to prefer the claims for refund within the time stipulated under section 27 of the Customs Act, 1962, but see no justification to interfere with the appellate orders. T... | 0[ds]4. It is no doubt true that in view of the decision of this Court mentioned above the custom duty was chargeable on import of V. P. Latex under itemappellants case obviously and admittedly was not covered by sub-section (3) as it had not challenged the order of assessment in any appeal or revision. Nor was it a ca... | 0 | 1,600 | ### Instruction:
Assess the case proceedings and provide a prediction: is the court likely to rule in favor of (1) or against (0) the appellant/petitioner?
### Input:
order dated November 25, 1972 stating therein :-"The Govt. of India have carefully considered the reasons advanced by the petitioners for their failure ... |
479 | ANJUMAN E SHIATE ALI & ANR Vs. GULMOHAR AREA SOCIETIES WELFARE GROUP & ORS. ETC | covered by four big plots, bearing nos. 1, 3, 5 and 6. For utilizing such large area, by dividing the same into smaller plots, the Architect of the Anjuman Trust has prepared layout and submitted to competent authority, showing these two small plots as open spaces/garden. It is not in dispute, such layout is approved a... | 0[ds]19. For dividing the total land allotted for the use of Dawoodi Bohra Community, covered by plot Nos. 1, 3, 5 and 6, admeasuring 46850 sq. yards, the Architect of the appellants has prepared the layout and submitted it for sanction to the Municipal Corporation. In such layout, an area ad-measuring 1687 sq. yards i... | 0 | 4,358 | ### Instruction:
Interpret the case information and speculate on the court's decision: acceptance (1) or rejection (0) of the presented appeal.
### Input:
covered by four big plots, bearing nos. 1, 3, 5 and 6. For utilizing such large area, by dividing the same into smaller plots, the Architect of the Anjuman Trust ha... |
480 | Malayalam Plantations Ltd Vs. The Deputy Commissioner Of Agriculturalincome-Tax And Sale | assessee contended that both these categorics of transactions were exempt from tax under Art. 286(1) (a) as they were outside sales. This Court unanimously negatived the contention of the assessee in respect of sales in which delivery in the State of first; destination was not for consumption therein, and the transacti... | 1[ds]In the revision application which the department filed to the High Court this question whether the property in the goods did pass at Fort Cochin was raised but nevertheless the argument before the High Court proceeded wholly on the basis of the correctness of the finding by the Appellate Tribunal that the property... | 1 | 4,917 | ### 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:
assessee contended that both these categorics of transactions were exempt from tax under Art. 286(1) (a) as they were outside sales. This Court unanimously neg... |
481 | M. R. Balaji And Others Vs. State Of Mysore | conferred on the State by Art. 15(4). 36. The learned Advocate-General has made an earnest and strong plea before us that we should not strike down the order, but should strike down only such portions of the order which appear to us to be unconstitutional on the doctrine of severability. He has urged that since 1958, t... | 1[ds]17. Article 15 (4) provides that nothing in this Article or in Cl. (2) of Art.29 shall prevent the State from making any special provision for the advancement of any socially and educationally Backward Classes of citizens or for the Scheduled Castes and the Scheduled Tribes. This Article was added by the Constitut... | 1 | 11,500 | ### Instruction:
Assess the case proceedings and provide a prediction: is the court likely to rule in favor of (1) or against (0) the appellant/petitioner?
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conferred on the State by Art. 15(4). 36. The learned Advocate-General has made an earnest and strong plea before us that we should not strike down the ... |
482 | High Court of Judicature for Rajasthan Vs. P.P. Singh & Another | respondent. The third judge might (sic not) be justified in correcting the date with effect from which the respondent would compulsorily retire, but that is a very minor issue and would not, in our opinion, make the decision invalid.24. In regard to the case of the other respondent, namely, K. Rajeswaran, the High Cour... | 1[ds]22. The High Court, in our opinion, therefore, clearly erred in arriving at the aforementioned finding that the constitution of the committee was illegal.Although Rule 15 provides that all the Judges shall be consulted in the matters enumerated therein but Rule 18 provides for the mode and manner thereof.28. If su... | 1 | 6,535 | ### 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:
respondent. The third judge might (sic not) be justified in correcting the date with effect from which the respondent would compulsorily retire, but that is a ... |
483 | Commissioner Of Income-Tax West Bengal,Calcutta Vs. Smt. Anusuya Devi | evidence cannot be assailed before the High Court on the ground that departmental authorities had violated the basic rules of natural justice without raising that question before the Tribunal.12. Counsel for Anusuya Devi requested that in any event the question which has been referred by the Tribunal in pursuance of th... | 1[ds]7. In our judgment the order of the High Court cannot be sustained. The statement that out of 584 high denomination notes disclosed by Anusuya Devi 494 notes were received in realization of a cheque drawn by Bhupatray at Rajkot was made for the first time in a petition under Section 66 (2):it did Dot find place in... | 1 | 3,437 | ### 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:
evidence cannot be assailed before the High Court on the ground that departmental authorities had violated the basic rules of natural justice without r... |
484 | Ashwini Kumar Upadhyay Vs. Union of India & Another | W.P.(C)No.295 of 2016 and W.P.(C) No.624 of 20161. The application for permission to appear and argue in person is allowed in W.P.(C) No. 624 of 2016.2. Heard Mr.Vikas Singh, learned senior counsel appearing on behalf of the petitioner and Mr. Mukul Rohatgi, learned Attorney General for the Union of India in W.P.(C) No... | 1[ds]W.P.(C)No.295 of 2016 andW.P.(C) No.624 ofIt is not in dispute, that a large number of unfilled posts of Judges, at various levels, are pending, and a rigorous process for filling them is in progress. The question of increasing the number of posts, as has been suggested in these petitions, will arise only after th... | 1 | 290 | ### Instruction:
Delve into the case proceeding and predict the outcome: is the judgment expected to be in support (1) or in denial (0) of the appeal?
### Input:
W.P.(C)No.295 of 2016 and W.P.(C) No.624 of 20161. The application for permission to appear and argue in person is allowed in W.P.(C) No. 624 of 2016.2. Hear... |
485 | Indiabulls Housing Finance Limited Vs. M/s. Deccan Chronicle Holdings Limited & Others | the case of United Bank of India v. Satyawati Tondon and Others (2010) 8 SCC 110 ) wherein it was held that the Act is intended to give impetus to industrial development in the country by providing speedy procedure of recovery. On account of lack of infrastructure and manpower, regular courts were not able to cope with... | 1[ds]11) We may record at this stage that the main ground on which notice issued under SARFAESI Act had been quashed is the impermissibility of invoking the provisions of the Act by the appellant herein who took over the assets and liabilities of IBFSL on merger. Insofar as the other issue, namely, provisions of SARFAE... | 1 | 12,047 | ### Instruction:
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### Input:
the case of United Bank of India v. Satyawati Tondon and Others (2010) 8 SCC 110 ) wherein it was held that the Act is intended to give impetus to industrial development in the count... |
486 | NEW DELHI MUNICIPAL COUNCIL Vs. GANGA DEVI & ANR | Council to the Director (Estates), Directorate of Estates of the Government of India seeking guidance for revision of prescribed cut-off date i.e., 20.10.1989 for transfer of shops in the names of the occupants in possession of the premises. In response thereto, the Director of Estates, Government of India communicated... | 1[ds]11. The cut-off date for regularization of the shops, stalls, flats was 20.10.1989 as mentioned in the Circular dated 25.7.1996. It is to be noted that the occupant was not in possession of the stall on or before 20.10.1989. Still further, the public notice dated 6.8.2001 was in respect of the 14 markets which doe... | 1 | 3,307 | ### 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:
Council to the Director (Estates), Directorate of Estates of the Government of India seeking guidance for revision of prescribed cut-off date i.e., 20.10.1989 ... |
487 | C.Sembiam Sivakumar Vs. V.Sivachitra Devi | the case of the husband that the marriage was never consummated and the respondent was not interested in marital life. It is alleged that respondent left the company of the appellant on 27.01.1998; however, according to the respondent, she left appellants company on 10.03.1998. Though, the petition for dissolution was ... | 1[ds]9. Having regard to the background of the litigation before this Court, it is fairly clear that the respondent is not interested to prosecute the matter any further, perhaps, because she has already received Rs.5 lakhs by way of permanent alimony pursuant to the order passed by this Court and as recorded in the or... | 1 | 1,247 | ### Instruction:
Analyze the case proceeding and predict whether the appeal/petition will be accepted (1) or rejected (0).
### Input:
the case of the husband that the marriage was never consummated and the respondent was not interested in marital life. It is alleged that respondent left the company of the appellant on... |
488 | D.N. Joshi (D) Thr. LRs. & Others Vs. D.C. Harris & Another | v. Shaikh Farid (Dead) By LRs. And Others, 2011(2) R.C.R.(Civil) 940 : 2011(3) Recent Apex Judgments (R.A.J.) 163 : (2011) 5 SCC 654 , three essential aspects for a valid gift deed in respect of an immovable property under Muslim Law have been restated in paragraphs 24, 27, 28, 29 and 30 as under:"24. The position is w... | 0[ds]It is an admitted position that the second appeal was filed in the High Court of Judicature at Allahabad in 1974 and was admitted by the Registrar of the High Court on 20.05.1974 with further direction to list it for hearing before the court under Order XLI, Rule 11 on 08.07.1974. The second appeal was in fact, ta... | 0 | 6,973 | ### Instruction:
Analyze the legal arguments presented and estimate the likelihood of the court accepting (1) or rejecting (0) the petition.
### Input:
v. Shaikh Farid (Dead) By LRs. And Others, 2011(2) R.C.R.(Civil) 940 : 2011(3) Recent Apex Judgments (R.A.J.) 163 : (2011) 5 SCC 654 , three essential aspects for a va... |
489 | Malegaon Electricity Co. (P) Ltd Vs. The Commissioner Of Income-Tax, Bombay | disclose fully and truly all material facts necessary for his assessment for that year. Further, Explanation to section 34 (1) says :"Production before the Income-tax Officer of account-books or other evidence from which material facts could with due diligence have been discovered by the Income-tax Officer will not nec... | 1[ds]10. If the assessee had disclosed to the Income-tax Officer, the surplus price realised by it over and above the written down value of the assets sold or in the alternative if it had informed, the Income-tax Officer the price realised as well as the written down value of the assets sold, then it could have been sa... | 1 | 3,082 | ### 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:
disclose fully and truly all material facts necessary for his assessment for that year. Further, Explanation to section 34 (1) says :"Production... |
490 | Sakal Papers (P) Ltd. & Others Vs. Union of India | . . etc, would be remote and depend upon various factors which may or may not come into play. Unless these were the direct or inevitable consequences of the measures enacted in the impugned Act, it would not be possible to strike down the legislation as having that effect and operation."41. That the impugned Act was in... | 1[ds]25. A bare perusal of the Act and the Order thus makes it abundantly clear that the right of a newspaper to publish news and views and to utilise a many pages as it likes for that purpose is made to depend upon the price charged to the readers. Prior to the promulgation if the Order every newspaper was free to cha... | 1 | 8,991 | ### Instruction:
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. . etc, would be remote and depend upon various factors which may or may not come into play. Unless these were the direct or inevitable consequences of the measures enacted in the i... |
491 | Chief Director, Highways Department and Ors Vs. Er. C. Murugesan | Hemant Gupta, J. 1. The challenge in the present appeal is to an order passed by the Division Bench of the High Court of Judicature at Madras on 19th June, 2019 whereby an appeal against the order passed by the learned Single Bench on 9th January, 2019 was dismissed. 2. The Respondent joined as Junior Engineer in the H... | 0[ds]11. After examining the record, we find that the order of the High Court is clearly unsustainable in law. The argument that the order dated 11th January, 2013 has not been implemented is not factually correct. The order was to place him in the cadre of Assistant Divisional Engineer at Sl. No. 16A. As a member of A... | 0 | 877 | ### 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:
Hemant Gupta, J. 1. The challenge in the present appeal is to an order passed by the Division Bench of the High Court of Judicature at Madras on 19th June, 201... |
492 | Narkeshari Prakashan Limited Vs. Nagpur Press Kamgar Sangh and Another | Perusal of the list of such employees filed as Annexure V of the reply by the respondent/Union before the State Government, would show that some of them are only employed upon the work relating to photo composing machines. The above list of employees is filed in answer to the information supplied by the appellant upon ... | 1[ds]26.On the other hand, the learned Counsel appearing for the respondent Union has heavily relied upon the judgment of the Division Bench of this Court in the case of Nav Bharat, Hindi Daily, Nagpur v. Navbharat Sharamik Sangha, 1984 Mh. L.J.483. The facts in the said case would show that mono composing machine was ... | 1 | 9,812 | ### 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:
Perusal of the list of such employees filed as Annexure V of the reply by the respondent/Union before the State Government, would show that some of them are o... |
493 | Ahmedabad Urban Development Authority Vs. Sharad Kumar Jayantikumar Pasawalla & Ors | or development fee even though such fee was essential for the development activities and has been imposed with reference to development effected. Mr. Goswami has very strongly relied on the decision of this Court in the case of the District Council of the Jowai Autonomous District, Jowai v. Dwet Singh Rymbai 1986 (4) S... | 0[ds]7. After giving our anxious consideration to the contentions raised by Mr. Goswami, it appears to us that in a fiscal matter it will not be proper to hold that even in the absence of express provision, a delegated authority can impose tax or fee. In our view, such power of imposition of tax and/or fee by delegated... | 0 | 3,278 | ### 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:
or development fee even though such fee was essential for the development activities and has been imposed with reference to development effected. Mr. Goswami h... |
494 | The J. K. Cotton Spinning & Weaving Mills Co., Ltd Vs. The State Of Uttar Pradesh & Ors | there is clearly this disharmony as pointed out above between two provisions, viz., Cl. 5(a) and C. 23; and undoubtedly we have to apply the rule of harmonious construction. In applying the rule, however, we have to remember that to harmonise is not to destroy.In the interpretation of status the courts always presume t... | 0[ds]7. To remove this incongruity, says the learned Attorney-General, apply the rule of harmonious construction and hold that Cl. 23 of the Order has no application when an order is made on an application under C. 5(a). On the assumption that under Cl. 5(a) an employer can raise a dispute sought to be created by his o... | 0 | 3,755 | ### 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:
there is clearly this disharmony as pointed out above between two provisions, viz., Cl. 5(a) and C. 23; and undoubtedly we have to apply the rul... |
495 | THE JOINT LABOUR COMMISSIONER AND REGISTERING OFFICER AND ANR Vs. KESAR LAL | and facilities as may be prescribed. (2) The Board may grant loan or subsidy to a local authority or an employer in aid of any scheme approved by the State Government for the purpose connected with the welfare of building workers in any establishment. (3) The Board may pay annually grants-in-aid to a local authority or... | 0[ds]11. The appellants have been entrusted with the solemn duty of enforcing and implementing the provisions of the welfare legislation which has been enacted by Parliament specifically to ameliorate the plight of construction workers. Construction workers belong to the unorganized sector of the economy. Many among th... | 0 | 7,651 | ### Instruction:
Evaluate the arguments and evidence in the case and predict the verdict: is an acceptance (1) or rejection (0) of the appeal more probable?
### Input:
and facilities as may be prescribed. (2) The Board may grant loan or subsidy to a local authority or an employer in aid of any scheme approved by the S... |
496 | T. Velayudhan Achari & Another Vs. Union of India & Others | of its net owned funds." 38. If, therefore, this was the position, it cannot be contended that suddenly the companies like the appellants and the petitioners are called upon to reduce deposits. Even otherwise, the interests of the depositors is the prime concern 39. Coming to the last point, as to whether Section 58-B(... | 0[ds]39. Coming to the last point, as to whether Section 58-B(5-A) is violative of Article 20(1) of the Constitution, we find, when a similar argument was raised against Section 58-A of the Companies Act, that was repelled by this Court in Delhi Cloth and General Mills Co. Ltd. v. Union of IndiaG. A. shah canvassed one... | 0 | 6,072 | ### Instruction:
Analyze the case proceeding and predict whether the appeal/petition will be accepted (1) or rejected (0).
### Input:
of its net owned funds." 38. If, therefore, this was the position, it cannot be contended that suddenly the companies like the appellants and the petitioners are called upon to reduce d... |
497 | ORISSA STATE FINANCIAL CORPORATION Vs. M/S VIGYAN CHEMICALS INDUSTRIES | 1. The High Court hearing the Second Appeal out of which this appeal has arisen had framed the following substantial question of law for a decision: Whether the suit was barred by period of limitation under the provisions of Section 21 of the Limitation Act, in the light of the fact that the appellant shall made a part... | 0[ds]7. If the order dated 5th November, 2005 passed by the learned trial Court ordering that the impleadment of the defendant No.4 - OSFC would be effective from the date of filing of the suit, has gone unchallenged and has attained finality we do not see how we can find any fault with the order of the High Court pass... | 0 | 605 | ### Instruction:
Assess the case proceedings and provide a prediction: is the court likely to rule in favor of (1) or against (0) the appellant/petitioner?
### Input:
1. The High Court hearing the Second Appeal out of which this appeal has arisen had framed the following substantial question of law for a decision: Whe... |
498 | Shrinivasa Reddy And Others Vs. The State Of Mysore And Others | power of implementation and to discriminate against some operators and in favour of others included in the scheme and also to break up the integrity of the scheme and in a sense modify it against the terms of S. 68E. There is no difficulty for the Undertaking to apply for permits relating to the entire scheme at the sa... | 1[ds]S. 68F lays down that where in pursuance of an approved scheme an State Transport Undertaking applies in the manner specified in Chapter IV for a stage carriage permit etc., in respect of a notified area or a notified route, the Regional Transport Authority shall issue such permit to the Undertaking notwithstandin... | 1 | 2,902 | ### Instruction:
Using the case data, forecast whether the court is likely to side with (1) or against (0) the appellant/petitioner.
### Input:
power of implementation and to discriminate against some operators and in favour of others included in the scheme and also to break up the integrity of the scheme and in a sen... |
499 | Debapriya Pal Vs. State of West Bengal | petition has already been dismissed. Insofar as the appellant is concerned, the only reason given is that he was a friend of A1 and that is why he joined A1 in commission of the said crime. We may state at the outset that after examining the testimonies of the witnesses on this particular aspect, we find that it is not... | 1[ds]6. It is clear from the aforesaid that there is no eye witness to the crime and the conviction is based on circumstantial evidence. It also becomes clear that no direct motive is attributed to the appellant herein. As per the prosecution, the motive to commit the crime was with A1 who could not digest the stand of... | 1 | 1,889 | ### 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:
petition has already been dismissed. Insofar as the appellant is concerned, the only reason given is that he was a friend of A1 and that is why ... |
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