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500 | S. Baldev Singh Mann Vs. S. Gurcharan Singh | there were incidents of a large number of booth capturing by Respondent 1, his agent and supporters who are alleged to be variously armed but surprisingly enough neither any oral nor a written complaint was made to the Returning Officer, Presiding Officers or other officers and police personnel who were on election dut... | 0[ds]8. It is well-settled that an allegation of corrupt practice within the meaning of sub-section (1) to (8) of Section 123 of the Act, made in the election petition are regarded quasi-criminal in nature requiring a strict proof of the same because the consequences are not only very serious but also penal in nature. ... | 0 | 2,894 | ### Instruction:
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there were incidents of a large number of booth capturing by Respondent 1, his agent and supporters who are alleged to be variously armed but surprisingly enough ne... |
501 | Madhu Milan Syntex Pvt. Limited and another Vs. Union of India and others | these cases have no relevance in considering the questions before us because it is quite apparent that in the present case no urgent or emergent action was required and Section 11-A of the Central Excises Act clearly provides that prior show cause notice must be issued to the person against whom any demand on ground of... | 0[ds]We are of the view these cases have no relevance in considering the questions before us because it is quite apparent that in the present case no urgent or emergent action was required and Section 11-A of the Central Excises Act clearly provides that prior show cause notice must be issued to the person against whom... | 0 | 2,892 | ### Instruction:
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these cases have no relevance in considering the questions before us because it is quite apparent that in the present case no urgent or emergent action was req... |
502 | MIHAN INDIA LTD. & ORS Vs. GMR AIRPORTS LTD. & ORS | paras 67 to 70 are reproduced as thus: 67. Before we state the conclusions, this Court would like to reiterate certain well established tenets of law pertaining to Government contracts. When we speak of Government contracts, constitutional factors are also in play. Governmental bodies being public authorities are expec... | 1[ds]24. As per the above discussion, we do not have any hesitation to hold that letter dated 07.03.2019 is a LoA after selecting the GAL as a highest bidder and it acquired the status of concessionaire. It was only the Concession Agreement required to be executed and there was no fault on the part of the GAL in comply... | 1 | 14,133 | ### Instruction:
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paras 67 to 70 are reproduced as thus: 67. Before we state the conclusions, this Court would like to reiterate certain well established tenets of law pertaining to Government contrac... |
503 | United India Insurance Company Limited Vs. Roopali Nitin Rao & Others | Leela Society and in the said accident he died.3. The respondents, therefore, filed Claim Application No. 1472 of 2006 before the Motor Accident Claims Tribunal for Mumbai claiming a compensation of Rs. 50 lacs. It was claimed that the deceased was about 38 years of age, had chances of promotion with his qualifications... | 0[ds]7. It is well settled by a catena of decisions of this Court that the employees, including the teaching faculty of a private Polytechnic are covered under the MEPS Act and the Rules framed thereunder. The confirmation of service as well as the promotional avenues are covered by the MEPS Act as well MEPS Rules and,... | 0 | 1,204 | ### Instruction:
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Leela Society and in the said accident he died.3. The respondents, therefore, filed Claim Application No. 1472 of 2006 before the Motor Accident Claims Tribunal for Mumbai cla... |
504 | U.P.State Sugar Corporation Ltd Vs. Dy.Director Of Consolidation,Meerut &Ors | out in Section 198 has to be followed by the Land Management committee in making allotments of the land. 36. The procedure which has to be followed by the Land Management committee in admitting any person to land under Section 195 and 197 is set out in the Rules made under the Act. The relevant Rules are Rules 173 to 1... | 1[ds]In the instant case, in view of the provisions of Section 7(aa) and Section 9 of the U.P. Zamindari Abolition and Land Reforms Act, the land in dispute, which was held by the Consolidation Officer and Settlement Officer (Consolidation) to be the land appurtenant to the Staff Quarter of the Sugar Mill, had not vest... | 1 | 9,310 | ### Instruction:
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out in Section 198 has to be followed by the Land Management committee in making allotments of the land. 36. The procedure which has to be followed by the Land... |
505 | Bondu Ramaswamy Vs. Bangalore Development Authority | forming residential layouts: Out of the total acquired area, 30% of the land area can be earmarked for roads and footpaths; and 15% to 10% for parks, open spaces and civic amenities. Out of the remaining 55% to 60% area available for forming plots, the Development Authority can auction 10% area as plots, allot 15% area... | 1[ds]On a careful consideration of the aforesaid observations, we are of the view that the said decision does not in any way express any view contrary to the clear enunciation of law in Sundaramier. In Mahendra Lal Jain, this court explained the difference betweenlaws governed by Article 13(1) andlaws which are governe... | 1 | 33,855 | ### Instruction:
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forming residential layouts: Out of the total acquired area, 30% of the land area can be earmarked for roads and footpaths; and 15% to 10% for parks, open sp... |
506 | Ambadas Khanduji Shinde and Ors Vs. Ashok Sadashiv Mamurkar and Ors | rents. It is further stated that the Plaintiffs have sold the shop in ground floor premises measuring about 7 x 15" vide sale deed dated 30-09-2004 and another ground floor shop measuring 257 sq. ft. by sale deed dated 13th May, 2005 and another room by sale deed dated 29-05-1995. It is also stated that the Plaintiffs ... | 1[ds]10. We have heard the learned Counsel on either side and perused the material placed before us. We are inclined to interfere with the order of the High Court on two aspects. One is the reasoning given by the learned Judge while allowing the revision lacked merit and secondly the order passed by the learned Judge i... | 1 | 1,696 | ### Instruction:
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rents. It is further stated that the Plaintiffs have sold the shop in ground floor premises measuring about 7 x 15" vide sale deed date... |
507 | Tamil Nadu News Print & Papers Ltd Vs. D.Karunakar | for quashing the said complaint, which the High Court has allowed to the limited extent, as stated hereinabove.5. The present appellant, in whose favour the cheque had been issued by Accused No. 2, on behalf of Accused no.1 company, has been aggrieved by the order whereby the proceedings have been quashed in part by th... | 1[ds]12. We have carefully gone through the impugned order passed by the High Court and the complaint filed on behalf of the appellant.13. Upon perusal of the complaint, we find that an averment has been made to the effect that Accused Nos. 3 to 10 were, in fact,day business of Accused No. 1 – company.14. It is an admi... | 1 | 1,461 | ### Instruction:
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for quashing the said complaint, which the High Court has allowed to the limited extent, as stated hereinabove.5. The present appellant, in whos... |
508 | State of Punjab Vs. Balraj Singh Alias Chhajju | 25 of the Arms Act. The respondent filed an appeal to the High Court and a reference was made by the Sessions Judge for confirmation of his death sentence. The High Court after careful consideration of the evidence held that the case against the appellant was not proved beyond reasonable doubt and accordingly acquitted... | 0[ds]5. The High Court thought it rather unsafe to base the conviction of the respondent on the uncorroborated testimony of PW 3, Surat Singh. The High Court has also given reasons for not relying on the testimony of PW 3. We may not approve of some of the reasons given by the High Court, and perhaps if we were sitting... | 0 | 1,188 | ### Instruction:
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25 of the Arms Act. The respondent filed an appeal to the High Court and a reference was made by the Sessions Judge for confirmation of his death sentence. The High... |
509 | M/s. A & G Projects & Technologies Ltd Vs. State of Karnataka | the Department by invoking the proviso to Section 9(1) of the CST ACT 1956? The object of Section 9(1) is two-fold. Firstly, it provides that the tax on inter-State sales under Section 3(a) shall be levied by G.O.I. and collected by the State Government from which the movement of goods commenced. Secondly, it specifies... | 1[ds]In the present case, according to the AO, the second and the third sales were not subsequent sales. According to the AO, all the three sales are inter-State sales falling under Section 3(a) and consequently Section 6(2) (which deals with the exemption) never stood attracted and, therefore, the appellant was not en... | 1 | 4,999 | ### Instruction:
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the Department by invoking the proviso to Section 9(1) of the CST ACT 1956? The object of Section 9(1) is two-fold. Firstly, it provides that the tax on... |
510 | United India Insurance Co. Ltd Vs. M/S. Payarelal Niranjan Lal | Dr. Arijit Pasayat, J. 1. Leave granted.2. Challenge in this appeal is to the order passed by the National Consumer Disputes Redressal Commission, New Delhi, (in short `National Commission) refusing to accept the prayer made by the present appellant to set aside the ex parte order dated 30.11.2005. 3. Background facts,... | 1[ds]5. In view of the undisputed factual position that earlier Mr. Sharda was appearing and notice had been served on him, obviously Mr. Sharda was to appear when the matter was taken up by National Commission. But the briefs had been returned by Mr. Sharda to the appellant-company. Therefore, the appellant had no kno... | 1 | 854 | ### Instruction:
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Dr. Arijit Pasayat, J. 1. Leave granted.2. Challenge in this appeal is to the order passed by the National Consumer Disputes Redressal Commission, New D... |
511 | Madhya Pradesh Rural Road Development Authority and Ors Vs. L.G. Chaudhary Engineers and Contractors | C.A. No. 974/2012:1. The matter has been placed before this Bench of three Judges pursuant to order dated 24th January, 2012 which is as follows:In view of some divergence of views expressed in the two judgments delivered today by us, the matter may be placed before Honble the Chief Justice of India for constituting a ... | 1[ds]4. We find from the definition Under Section 2(d) of the Arbitration and Conciliation Act, 1996 that even after a contract is terminated, the subject-matter of dispute is covered by the said definition. The said provision has not been even referred to in the judgment rendered by Honble Gyan Sudha Mishra, J14. The ... | 1 | 637 | ### Instruction:
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C.A. No. 974/2012:1. The matter has been placed before this Bench of three Judges pursuant to order dated 24th January, 2012 which is as follows:In view of s... |
512 | Pratap Narain Vs. Chief Commissioner, Delhi & Others | K.S. Hegde J.1. The short question that arises for decision in this appeal by special leave is whether the High Court was justified in summarily dismissing the writ petition which has given rise to this appeal.2. The facts of this case may be briefly stated thus : Some of the lands belonging to the appellant in the vil... | 1[ds]5. It is true that the appellant was not prompt in moving the High Court. But he cannot be penalised for proceeding on the basis that the statutory Tribunals would act according to law and the delay in receiving the prescribed notices as being nothing extraordinary, knowing how our administrative machinery works.6... | 1 | 787 | ### Instruction:
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K.S. Hegde J.1. The short question that arises for decision in this appeal by special leave is whether the High Court was justified in summarily dismissing the... |
513 | UNION OF INDIA (UOI) Vs. DR. KUSHALA SHETTY AND OTHERS | vitiated due to mala fides of the Chief Minister. This Court rejected the plea of mala fides by making the following observations: 90...The Petitioner set out in the petition various incidents in the course of administration where he crossed the path of the second Respondent and incurred his wrath by inconvenient and u... | 1[ds]18. The scheme of acquisition enshrined in the above reproduced provisions makes it clear that once the Central Government is satisfied that any land is required for the building, maintenance, management or operation of a national highway or part thereof, then, it shall declare its intention to acquire such land b... | 1 | 7,463 | ### Instruction:
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vitiated due to mala fides of the Chief Minister. This Court rejected the plea of mala fides by making the following observations: 90...The Petitioner set out ... |
514 | National Small Industries Corporation Ltd Vs. State (NCT of Delhi) & Others | (a) of the proviso to section 200 provides that where the complainant is a public servant, it will not be necessary to examine the complainant and his witnesses. Where the complainant is an incorporeal body represented by one of its employees, the employee who is a public servant is the de facto complainant and in sign... | 1[ds]12. We are fortified in our view by two decisions of this Court. In Associated Cement Co. Ltd. vs. Keshvanand [1998 (1) SCC 687 ], this Court held as follows :Chapter XV of the new Code contains provisions for lodging complaints with magistrates. Section 200 as the starting provision of that chapter enjoins on the... | 1 | 4,076 | ### Instruction:
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(a) of the proviso to section 200 provides that where the complainant is a public servant, it will not be necessary to examine the complainant and his witness... |
515 | Vania Silk Mills Private Limited Vs. Commissioner of Income Tax, Ahmedabad | incorporeal 14. When the assets themselves are being distributed, it is correct to say that to the extent of distribution, they are wiped out. It is in that sense that the assets do not exist to the extent that they are distributed. When the companys assets are thus distributed, in a sense the assets which are converte... | 1[ds]11. It is true that the definition of "transfer" in Section 2(47) of the Act is inclusive, and therefore extends and transactions which may not otherwise be "transfer" according to its ordinary, popular and natural sense. It is this aspect of the definition which has weighed with the High Court and, therefore, the... | 1 | 3,649 | ### Instruction:
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incorporeal 14. When the assets themselves are being distributed, it is correct to say that to the extent of distribution, they are wiped out. It is in that s... |
516 | LMJ INTERNATIONAL LTD Vs. SLEEPWELL INDUSTRIES CO. LTD | disregard the alterations envisaged by the Amendment to the Contract dated 7 th December 2010, granting an even higher level for “Broken Grains” end “Dead, damaged and Discoloured Grains”, the results provided by ISC were well Within the parameters foreseen for the quality under the Contract.6.11 The Tribunal therefore... | 0[ds]The grounds, at best, could be urged by the petitioner in the appeal to be filed against the foreign award governed by English Laws (UK Arbitration Act, 1996). The petitioner has allowed the said awards to attain finality having failed to file such appeal. Even the argument of fraud on the basis of the allegation ... | 0 | 9,711 | ### Instruction:
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disregard the alterations envisaged by the Amendment to the Contract dated 7 th December 2010, granting an even higher level for “Broken Grains”... |
517 | Patel India Private Limited Vs. Union of India & Others | that the appellant company had declared the real value of the articles imported by it and in support thereof had produced the manufacturers invoices. The customs authorities had refused to accept the invoice price as real value and charged excess duty. But any doubt with regard to the real value of the several consignm... | 1[ds]From the fact that the customs authorities refunded the excess duty on items 22 to 29 andit follows that the customs authorities had fully realised that the excess duty had been levied without the authority of law, for otherwise they would not have agreed to refund it, and further that they could not lawfully reta... | 1 | 2,531 | ### Instruction:
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that the appellant company had declared the real value of the articles imported by it and in support thereof had produced the manufacturers invoices. The customs autho... |
518 | Raja Suriya Pal Singh Vs. State Of U.P. & Anr | and no court can annul the enactment of a legislative body acting within the legitimate scope of its sovereign competence. If therefore it be found that the subject-matter of a Crown grant is within the competence of a provincial legislature, nothing can prevent that legislature from legislating about it, unless the Co... | 0[ds]It is well-settled that recourse cannot be had to the spirit of the Constitution when its provisions are explicit in respect of a certain right or matter. When the fundamental law has not limited either in terms or by necessary implication the general powers conferred on the legislature, it is not possible to dedu... | 0 | 8,929 | ### Instruction:
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and no court can annul the enactment of a legislative body acting within the legitimate scope of its sovereign competence. If therefore it be found that... |
519 | Life Insurance Corporation of India and Another Vs. Gangadhar Vishwanath Ranade (Dead) By Lrs | behalf of the assignee and not the defaulter. Mere information of the assignment to the Income Tax Officer and keeping the assignee informed of the Income Tax Officers action did not amount to discharge of the statutory obligation under Section 226(3)(vi) of the Act, by the Life Insurance Corporation. The statute havin... | 0[ds]16. We shall first dispose of the last point relating to double payment by the Life Insurance Corporation of the amount of Rs. 3415.70 in view of the express concession made by Shri Sanghi, learned counsel for the respondent that the respondent does not lay any claim to it and that the Life Insurance Corporation m... | 0 | 7,645 | ### Instruction:
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behalf of the assignee and not the defaulter. Mere information of the assignment to the Income Tax Officer and keeping the assignee informed of the Income Tax ... |
520 | State Of Rajasthan Vs. Hindustan Zinc Ltd. | virtue of the said amendment, Rule 64B and Rule 64C had been inserted with effect from 25th September, 2000, which read as follows: “64B. Charging of royalty in case of minerals subjected to processing.- (1) In case processing of run-of-mine is carried out within the leased area, then, royalty shall be chargeable on th... | 1[ds]23. Upon hearing the learned counsel at length and upon perusal of the relevant material and the impugned judgment and the judgments referred to by the learned counsel, we are of the view that the conclusion arrived at by the High Court is correct.24. It is pertinent to note that Section 9 of the Act enables the a... | 1 | 3,105 | ### Instruction:
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virtue of the said amendment, Rule 64B and Rule 64C had been inserted with effect from 25th September, 2000, which read as follows: “64B. Charging of royalty i... |
521 | Smt. Shyam Kishori Devi Vs. Patna Municipal Corporation & Anr | of the Act. If the Committee under S. 117 of the Act could have been validly constituted even after the supersession of the Municipality, S. N. Sarkar would not have jurisdiction to hear the review petition, for under that section it was the function of the Committee to do so. Mr. Varma contends that after the order of... | 1[ds]It is not disputed that S. N. Sarkar had jurisdiction to take action under S. 107 (c) of the Act, but what is contended is that he had no jurisdiction to dispose of the review petition under Section 117 (1) of the Act. If the Committee under S. 117 of the Act could have been validly constituted even after the supe... | 1 | 2,975 | ### Instruction:
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of the Act. If the Committee under S. 117 of the Act could have been validly constituted even after the supersession of the Municipality, S. N. Sarkar would not hav... |
522 | Awadesh Mani Tripathi Vs. Union of India | an opinion that the allotment was made on merits and not as a result of political connections or patronage or other extraneous considerations, it would be open to the Committee not to proceed with the probe in detail." 6. The two Judge Committee constituted by this Court gave opportunity to the petitioner and others to... | 0[ds]14. The petitioner has neither challenged letter dated 17.4.2007 and revised guidelines dated 25.6.2010 nor he has questioned the selection made in 2011 pursuant to advertisement dated 20.10.2011. Therefore, it is not possible to find any fault with the conclusion recorded by the Division Bench of the High Court t... | 0 | 1,768 | ### Instruction:
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an opinion that the allotment was made on merits and not as a result of political connections or patronage or other extraneous considerations, i... |
523 | J. K. Synthetics Ltd Vs. J. K. Synthetics Mazdoor Union | machinery. The evidence of Talwar was equally found to be defective. He was greatly relying on the handbook of Chemical Engineers by John Parry for establishing the life of the machinery. He said that in that Book the life of a Chemical plant working in three shifts is shown to be 11 years. He also admitted that the Au... | 1[ds]With respect to the first item, the disallowance of Rs. 4.10 lakhs, the management not only claimed this amount but also Rs. 7.5 lakhs as return on paid up capital of Rs. 125 lakhs at 6 per cent, per annum. Obviously even on a cursory glance it would appear that the management was seeking to obtain double benefit ... | 1 | 9,550 | ### Instruction:
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machinery. The evidence of Talwar was equally found to be defective. He was greatly relying on the handbook of Chemical Engineers by John Parry for establishing the life of the machiner... |
524 | M/s. Meridian Industries Ltd Vs. Commissioner of Central Excise | v. Ballarpur Industries Ltd. (1989) 4 SCC 566 ) wherein this Court has held that the valid tests to determine whether the ingredient qualifies to be called raw material could be that ingredient should be so essential for the chemical processes culminating in the emergence of the desired end product. 18. As already poin... | 0[ds]19. A cursory glance of these judgments may give an impression that the present case is also covered by those decisions as in the instant case the waxing is ultimately removed from the cotton yarn by the buyer, after using this cotton yarn as raw material for fabricating the cloth. It is this aspect on which great... | 0 | 5,829 | ### Instruction:
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v. Ballarpur Industries Ltd. (1989) 4 SCC 566 ) wherein this Court has held that the valid tests to determine whether the ingredient qualifies to be called raw material could ... |
525 | Nagar Nigam, Allahabad Through Its Municipal Commissioner Vs. Life Insurance Corporation Of India Through Its Director | (i.e. other than Life Insurance-exclusively carried on by LIC of India).Aforesaid conclusion is further discernible from the fact that the list does not embarrass in itself any charitable hospital or government hospital or other likewise establishments.In that view of the matter we do find a clear distinction between I... | 0[ds]6. It will be noticed that both the aforesaid provisions, namely, Section 541 as well as Section 452 only refer back to a provision in the Act which specifies that a levy may be made for licence fees. We were not referred to any provision other than Section 438 for the purpose of locating such levy.7. In our opini... | 0 | 1,383 | ### Instruction:
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(i.e. other than Life Insurance-exclusively carried on by LIC of India).Aforesaid conclusion is further discernible from the fact that the list does not embarrass in itself any chari... |
526 | Bharat S. Shah & Others Vs. Rajkumar Jugalkishore Sarad | this Court under section 19 from such an order although the proceeding has remained pending in the High Court.22. In our view, that was in the context that an appeal from an order imitating the contempt proceedings in a given case can be entertained, particularly those where the order decides some disputes raised befor... | 0[ds]We do not think it necessary to reproduce the terms and conditions recorded in the consent terms but needless to state that there are undertakings given to the Court by the parties which have been accepted by the learned Judge of the Small Causes while disposing of the suit between the parties.In the case at hand,... | 0 | 3,720 | ### Instruction:
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this Court under section 19 from such an order although the proceeding has remained pending in the High Court.22. In our view, that was in the c... |
527 | R L Jain (D) By Lrs Vs. D D A | also placed strong reliance on Satinder Singh vs. Umrao Singh and another AIR 1961 SC 908 wherein the question of payment of interest in the matter of award of compensation was considered by this Court. In this case the initial notification was issued under Section 4(1) of Land Acquisition Act, 1894 but the proceedings... | 0[ds]18. In a case where the land owner is dispossessed prior to the issuance of preliminary notification under Section 4(1) of the Act the government merely takes possession of the land but the title thereof continues to vest with the land owner. It is fully open for the land owner to recover the possession of his lan... | 0 | 6,649 | ### Instruction:
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also placed strong reliance on Satinder Singh vs. Umrao Singh and another AIR 1961 SC 908 wherein the question of payment of interest in the matte... |
528 | M/S. Daluram Pannalal Modi Vs. The Assistant Commissioner Ofsales Tax Etc | created only as an adjunct to the exercise of the power, a duty which passed necessarily with the delegation of the power. That seems to us to be also commonsense for when a power is delegated it is intended that the delegate would exercise it and therefore it must have been intended that he would perform all the condi... | 0[ds]We will assume that the sales covered by the order against Gajanand Satyanarayan were the same as those with which the order in hand is concerned. In the re-assessment proceedings however it was found as a fact that Gajanand Satyanarayan was a name only and that no real person bearing that name ever existed. That ... | 0 | 1,855 | ### Instruction:
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created only as an adjunct to the exercise of the power, a duty which passed necessarily with the delegation of the power. That seems to us to be also commonsense for ... |
529 | Lt Col Vivek Singh Vs. Romani Singh | good salary and after school hours has ample time to spend with the child. In these circumstances, impugned order is set aside and the request of the appellant for the grant of custody of the said child to her being natural mother is allowed and the appellant is also appointed as guardian of her child being a natural g... | 1[ds]14. In the instant case, the factors which weigh in favour of the appellant are that child Saesha is living with him from tender age of 21 months. She is happy in his company. In fact, her desire is to continue to live with the appellant. Normally, these considerations would have prevailed upon us to hold that cus... | 1 | 6,211 | ### Instruction:
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good salary and after school hours has ample time to spend with the child. In these circumstances, impugned order is set aside and the request of the appellant for the... |
530 | Indu Bhusan Bose Vs. Rama Sundari Devi & Anr | conflict between the powers conferred on the various Legislatures in Lists I, II and III has also no force, because the reservation of power for Parliament for the limited purpose of legislating in respect of cantonment areas only amounts to exclusion of this part of the legislative power from the general powers confer... | 0[ds]We are unable to accept this submission. The language of the entry itself does not justify any such interpretation.In the entry when power is granted to Parliament to make laws for the regulation of house accommodation in cantonment areas, there are no qualifying words to indicate that the house accommodation, whi... | 0 | 5,880 | ### Instruction:
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conflict between the powers conferred on the various Legislatures in Lists I, II and III has also no force, because the reservation of power for Parliament for... |
531 | Krishena Kumar Vs. S.P. Saksena & Others | 148 of the Constitution and after consultation with the Comptroller and the Auditor General. That Rule empowered the President to make a general or special order specifying the authorities competent to make the appointments mentioned in Rule 11 (2). It has been sought to be argued before us also that the conditions of ... | 0[ds]6. In our judgment the contention sought to be raised did not arise for the short reason that according to the appellant himself the Comptroller and Auditor General was the competent authority within the meaning of Note I to cl. (j) of Fundamental Rule 56. The notice of retirement dated August 22, 1966 clearly sta... | 0 | 2,030 | ### Instruction:
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148 of the Constitution and after consultation with the Comptroller and the Auditor General. That Rule empowered the President to make a general or special order speci... |
532 | Vithal Das Vs. Rupchand & Ors | rent from the tenants. If the co-owner is to he clothed with the status of a trustee it must be shown that he has gained some advantage in derogation of the other co-owners interested in the property and that he gained such an advantage by availing himself of his position as co-owner. In the present case, there is no a... | 1[ds]6. We do not agree with the contention of the respondents that S. 90 of the Trusts Act applies to this case. A co-owner in possession of all the joint properties does not become a trustee by the mere fact of his collection of the full amount of rent from the tenants. If the co-owner is to he clothed with the statu... | 1 | 3,646 | ### Instruction:
Scrutinize the evidence and arguments in the case proceeding to predict the court's decision: will the appeal be granted (1) or denied (0)?
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rent from the tenants. If the co-owner is to he clothed with the status of a trustee it must be shown that he has gained some advantage in derogation o... |
533 | C.I.T Vs. N.C.Budharaja And Co | counsel for t he Revenue, disputes the correctness of the assessees submission. According to him sub-section (2) of Section 32-A must be interpreted and understood in the following manner: Clause (a) speaks of acquisition of a new ship or aircraft while clause (b) speaks of new machinery or plant installed (i) for the ... | 1[ds]14.For all the above reasons, we are of the opinion that it is not possible to accede to the contention that the activity of construction of a dam can be characterised as manufacture or producing of article or articles, as the case may be, within the meaning of Section 80-HH(2)(i) of the Act.15.Another set of appe... | 1 | 7,579 | ### Instruction:
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counsel for t he Revenue, disputes the correctness of the assessees submission. According to him sub-section (2) of Section 32-A must be interpreted and... |
534 | Prabhu Vs. State Of U. P | the aforesaid two witnesses also establishes that the appellant and his father came to Bhagwan about a month and a half before the occurrence and asked for some land. Bhagwan refused to give any land to the appellant. We think that this motive has been established even though it would influence both the appellant and h... | 1[ds]There can be no doubt that Bhagwan was murdered on the night in question. The postmortem examination disclosed that he had sustained as many as thirteen injuries, eleven of which were incised on different parts of the body. The injuries inflicted on the head and face had out through skull bones and the doctor who ... | 1 | 2,581 | ### Instruction:
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the aforesaid two witnesses also establishes that the appellant and his father came to Bhagwan about a month and a half before the occurrence and asked for so... |
535 | Hindustan Almunium Corpn. Ltd Vs. Satya Narain Singh | S. Rajendra Babu, J. On the termination of the services of the first respondent on 27.8.1969 by the appellant an industrial dispute was raised by the former which was referred for adjudication to the Labour Court at Gorakhpur. The Labour Court raised preliminary issues and, inter alia, held that the inquiry conducted b... | 0[ds]3. Considering the nature of the order made by the High Court which merely remits the matter for a fresh consideration by the Labour Court and at this stage of the proceeding it is not necessary to decide either the question of law or fact arising in the case, we think, there is no justification to interfere with ... | 0 | 919 | ### Instruction:
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S. Rajendra Babu, J. On the termination of the services of the first respondent on 27.8.1969 by the appellant an industrial dispute was raised b... |
536 | E.P. Poulose Vs. State of Kerala & Another | the site condition to be as represented in the schedule to the notification inviting tenders and submitted his original design on that basis and since, however, the site condition was found to be different and on the advice of the Research Institute jetting had to be resorted to involving extra expenditure he was entit... | 1[ds]3. The award with which we are concerned is a speaking one and gives the reasons for the decision against the contractor.We have been taken through all the relevant documents by the learned counsel for both sides and we are satisfied that Ext. P. 11 and Ext. P.16 are material, document to arrive at a just and fair... | 1 | 1,687 | ### Instruction:
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the site condition to be as represented in the schedule to the notification inviting tenders and submitted his original design on that basis and since, however, the site condition wa... |
537 | Government Of A.P. Vs. Mohd. Nasrullah Khan | additional evidence. The finding has been clearly recorded by the Inquiry Officer on the basis of the evidence adduced by PWs. 1,2,3 and 4 during the Inquiry. By now it is a well-established principle of law that the High Court exercising power of judicial review under Article 226 of the Constitution does not act as an... | 1[ds]in the present case there is no allegation of violation of principles of natural justice or the inquiry being held inconsistent with the mode of procedure prescribed by the rules or regulations. This takes us to the last submission of the counsel for the respondent. Learned counsel for the respondent contended tha... | 1 | 2,997 | ### 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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additional evidence. The finding has been clearly recorded by the Inquiry Officer on the basis of the evidence adduced by PWs. 1,2,3 an... |
538 | Sayaji Mills Limited Vs. P.A. Bhaskar | out the intention of the legislation". The learned Judge refers to the definition of the "factory" in Section 2 (g) and concludes that the change of ownership cannot start a fresh date of the establishment of a factory, nor even the fact that subsequently, the original machinery was reconditioned. According to the lear... | 0[ds](14) We are unable to accept this argument. In the first place, it is necessary to clarify that no evidence was led by the plaintiffs to show that they had in fact renovated the old Mills or that they had brought in new capital. Mr.says that the averments made by the plaintiffs in paragraph 3 of the plaint, that t... | 0 | 5,274 | ### 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:
out the intention of the legislation". The learned Judge refers to the definition of the "factory" in Section 2 (g) and concludes that the change ... |
539 | Marathwada University Vs. Seshrao Balwant Rao Chavan | in this sentence, but not in subsequent ones, of inverted commas). The agent, in fact, has no authority to do what he does at the time he does it. Subsequently, however, the principal, on whose behalf, though without whose authority, the agent has acted, accepts the agents act, and adopts it, just as if there had been ... | 0[ds]22. This resolution, in our opinion, is basically faulty at least for two reasons. It may be recalled that the Executive Council without considering the report of Mr Chavan, wanted the Vice-Chancellor to take a decision thereon. It may also be noted that the Vice-Chancellor was present at the meeting of the Execut... | 0 | 5,163 | ### Instruction:
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in this sentence, but not in subsequent ones, of inverted commas). The agent, in fact, has no authority to do what he does at the time he does it. Subse... |
540 | JAGJEET SINGH LYALLPURI (DEAD) THROUGH L.RS Vs. M/S UNITOP APARTMENTS AND BUILDERS LTD | very order dated 28.11.2009 the issues for consideration on which the arguments would be addressed was settled and the matter was proceeded on that understanding without raising any objection, the grievance put forth by the respondent and accepted by the learned Single Judge that the learned Arbitrator has not answered... | 0[ds]9. In the light of the contentions put forth we have perused the appeal papers and made reference to the material on record. With regard to the agreement dated 14.12.1996 and the clauses contained therein to regulate the parties there is no serious dispute between the parties11. Since the learned Single Judge has ... | 0 | 4,955 | ### Instruction:
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### Input:
very order dated 28.11.2009 the issues for consideration on which the arguments would be addressed was settled and the matter was proceeded on that understanding without raising any obj... |
541 | U.O.I. Vs. Charanjit S. Gill | by reason of the election of such person being declared to be void. There are innumerable other Parliamentary and State legislative enactments which are replete with such provisions. The twentieth amendment of the Constitution is an instance where the de facto doctrine was applied by the constituent body to remove any ... | 0[ds]It is contended by Shri Rawal, learned ASG that a person fit to be appointed asis such officer who does not suffer from any ineligibility or disqualification in terms of Rule 39 alone. It is further contended that Rule 40 does not refer to disqualifications. We cannot agree with this general proposition made on be... | 0 | 11,312 | ### 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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by reason of the election of such person being declared to be void. There are innumerable other Parliamentary and State legislative enactments whi... |
542 | S. Mohan Vs. Central Bureau Of Investigation | committed by the appellant Hiten P. Dalal. He has not acted contrary to the direction of any person who has entrusted these units to him and it is proved that it was the appellant Hiten P. Dalal himself who was the apparent owner of these units.12. As regards appellant S. Mohan who was one of the Asst. Vice- Presidents... | 1[ds]9. These two appellants were found guilty by the Special Court mainly on the ground that the CANCIGO Units issued by CBMF of the face value of Rs. 33 crores stood in the name of the Andhra Bank and Andhra Bank Financial Services Limited and the appellant Hiten P. Dalal was not entitled to get transfer of these CAN... | 1 | 4,568 | ### 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:
committed by the appellant Hiten P. Dalal. He has not acted contrary to the direction of any person who has entrusted these units to him and it is proved that ... |
543 | Secretary Irrigation Department Government Of Orissa Secretary & Ors Vs. G.C. Roy | the institution of the suit. (It was not a case under Arbitration Act but was a Civil Suit). In that connection the Court referred to Thawardas, as laying down the correct law in that behalf, along with Bengal Nagpur Railway (AIR 1938 PC 67 ) (supra) and Union of India v. A. L. Rallia Ram, (1964) 3 SCR 164 : (AIR 1963 ... | 0[ds]if the arbitration agreement or the contract itself provides for award of interest on the amount found due from one arty to the other, no question regarding the absence of arbitrators jurisdiction to award the interest could arise as in that case the Arbitrator has power to award interest pendente lite as well. Si... | 0 | 13,216 | ### Instruction:
Given the specifics of the case proceeding, anticipate the court's ruling: will it favor (1) or oppose (0) the appellant’s request?
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the institution of the suit. (It was not a case under Arbitration Act but was a Civil Suit). In that connection the Court referred to Thawardas, as laying down... |
544 | The State Of Bihar Vs. Rat Bahadur Hurdut Roy-Mott Lall Jute Mills & Another | proviso in the light of the explanation to S. 5 of the Act.The explanation in terms enumerates deductions which have to be made in determining the taxable turnover of the registered dealer and it is to these deductions which are allowable under the three sections specified in the explanation to which the latter part of... | 0[ds]16. This question can be considered from another point of view. The provisions which allow deductions to be made or grant exemptions in respect of certain transactions obviously postulate that but for them the transactions in question would be liable to tax under the Act; and so when such transactions are included... | 0 | 5,184 | ### 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:
proviso in the light of the explanation to S. 5 of the Act.The explanation in terms enumerates deductions which have to be made in determining t... |
545 | Yash Raj Films Private Limited Vs. Assistant Commissioner of Income-Tax & Others | again sought to reopen the assessment for the assessment year 2004-2005 by recording reasons as follows :-The assessee company is engaged in the business of production and distribution of films. The return of the A.Y.2004-05 was filed on 31/10/2004 declaring total income of Rs.4,57,64,160/-. The assessment was complete... | 1[ds]7. On perusal of the reasons recorded it is seen that the assessment for the assessment yearis sought to be reopened mainly on the ground that as per section 36(1)(vii) of the I.T.Act amount of any debt or part thereof which has become irrecoverable can be allowed provided the debt has been taken into account in c... | 1 | 1,783 | ### Instruction:
Using the case data, forecast whether the court is likely to side with (1) or against (0) the appellant/petitioner.
### Input:
again sought to reopen the assessment for the assessment year 2004-2005 by recording reasons as follows :-The assessee company is engaged in the business of production and dis... |
546 | Trust Mai Lachmi Sialkoti Bradri Vs. The Chairman, Amritsar Imppovementtrust | of India Act, the Act of 1947 expired and ceased to be in force.8. Based on the fact that the Act of 1949 practically reproduces the earlier Act of 1947 the contention urged before us was that the Act of 1947 was in effect repealed and reenacted by the Act of 1949, that by virtue of S. 22. of the Punjab General Clauses... | 1[ds]This definition therefore contemplates only two classes of areas as falling within it: (1) areas which the State Government may, by notification declare to be "a damaged area, i.e., which may be so declared in the future- after the comma into force of the Act, and (2) the areas already notified under the Punjab Da... | 1 | 2,882 | ### 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 India Act, the Act of 1947 expired and ceased to be in force.8. Based on the fact that the Act of 1949 practically reproduces the earlier Act o... |
547 | M/S. Surajmull Nagarmull Vs. State Of West Bengal | dated August 17, 1943, and issued under R. 75A of the Defence of India Rules, 1939, the warehouses were requisitioned and possession thereof was taken on September 21,1943. As the amount of compensation payable to the owner of warehouses could not be fixed by agreement an Arbitrator, was appointed under S.19(1)(b) of t... | 0[ds]In our judgment, there is no force in that contention. An appeal is a creature of statute. The Arbitrator not being a court subordinate to the High Court, an appeal would lie only if it is expressly so provided. The Legislature has provided that where the amount of compensation awarded does not exceed Rs. 5,000/- ... | 0 | 1,205 | ### Instruction:
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### Input:
dated August 17, 1943, and issued under R. 75A of the Defence of India Rules, 1939, the warehouses were requisitioned and possession thereof was taken on September ... |
548 | ASSISTANT EXCISE COMMISSIONER, KOTTAYAM & ORS Vs. ESTHAPPAN CHERIAN & ANR | As was observed in Phillips vs. Eyre[3], a retrospective legislation is contrary to the general principle that legislation by which the conduct of mankind is to be regulated when introduced for the first time to deal with future acts ought not to change the character of past transactions carried on upon the faith of th... | 1[ds]8. The facts stated shows that the licensee was a successful bidder in an auction held by the State of Kerala and had deposited a security amount, to ensure the timely payment of the amounts (kist) due in terms of the contract entered into. Alleging that the licensee did not remit the kist due to the State in a ti... | 1 | 3,917 | ### 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:
As was observed in Phillips vs. Eyre[3], a retrospective legislation is contrary to the general principle that legislation by which the conduct of... |
549 | K. S. SAHU Vs. UNION OF INDIA & ORS | chance, there wont be any complaint against him. By the letter dated 8th March 2011, the Commodore of Integrated Headquarters of the Ministry of Defence (Navy) informed the appellants father that the case of the appellant was reconsidered and after reconsideration of the entire case, the request made by the appellants ... | 0[ds]6. In the present case, impugned action which was the subject matter of challenge before the said Tribunal, was of the withdrawal of the appellant from the course which he was undergoing in INA. Regulation 216 of the said Regulations deals with the termination of service of an officer by the Government on the grou... | 0 | 3,723 | ### Instruction:
Considering the arguments and evidence in case proceeding, predict the verdict: is it more likely to be in favor (1) or against (0) the appellant?
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chance, there wont be any complaint against him. By the letter dated 8th March 2011, the Commodore of Integrated Headquarters of the Ministry of... |
550 | Madhavamani Transport Private Limited Vs. M/s. Vasavi Transport Company, Madukkur and Others | SHINGHAL, J.1. These two appeals by certificates arise out of judgments of the Madras High Court in writ appeals 64 of 1964 dated October 9, 1964 and 38 of 1963 dated August 5, 1964, in these circumstances.2. The Regional Transport Authority, Thanjavur, granted a permit to N. Sundaresa Thevar to ply a stage carriage on... | 0[ds]3. It cannot be doubted that Home Department G.O. No. 2265 dated August 9, 1958, formed the basis of consideration of the competing claims before the authorities concerned. In its impugned judgment dated October 9, 1964 (in Writ Appeal 64 of 1964), the High Court has taken the view that as the tribunal "felt the c... | 0 | 749 | ### 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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SHINGHAL, J.1. These two appeals by certificates arise out of judgments of the Madras High Court in writ appeals 64 of 1964 dated October 9, 1964 and 3... |
551 | Hardie Trading Ltd. & Another Vs. Addisons Paint & Chemicals Ltd | it would be absurd to suppose he lost his trade market by not putting more goods in the market when it was glutted". 58. More recently, Justice Ungoed Thomas in BALI Trade Mark (Rectification Ch.D.) 1966 RPC 397 said: "It is quite clear, however, that the proprietors, the Bali Company, could not have used the token imp... | 1[ds]29. The phrase person aggrieved is a common enough statutory precondition for valid complaint or appeal. The phrase has been variously construed depending on the context in which it occurs. Three sections viz. Sections 46, 56 and 69 of the Act contain the phrase. Section 46 deals with the removal of a registered t... | 1 | 9,113 | ### Instruction:
Interpret the case information and speculate on the court's decision: acceptance (1) or rejection (0) of the presented appeal.
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it would be absurd to suppose he lost his trade market by not putting more goods in the market when it was glutted". 58. More recently, Justice Ungoed Thomas in BAL... |
552 | Serifinance & Investment Company Private Limited Vs. Videocon Leasing & Industrial Finance Limited | suits, that certain sums of money which were paid by the appellant herein were adjusted towards the dues of the appellant sister concern. In view of the said adjustment no amount remained due from the appellant s sister concern - the defendant in the other summary suit. In view of the same the appellant also sought lea... | 1[ds]8. We have examined the defence of the appellant. The appellant had made the payments to the respondent, some of which have been adjusted towards the dues of another legal person. Whether the appellant had given instructions to appropriate part of the payment for the dues of its sister concern or not raises a tria... | 1 | 1,444 | ### Instruction:
Given the specifics of the case proceeding, anticipate the court's ruling: will it favor (1) or oppose (0) the appellant’s request?
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suits, that certain sums of money which were paid by the appellant herein were adjusted towards the dues of the appellant sister concern. In view of the said a... |
553 | NATIONAL CO-OPERATIVE DEVELOPMENT CORPORATION Vs. COMMISSIONER OF INCOME TAX, DELHI-V | does not specify as to who should be the grantee; what should be amount to be granted. All that is prescribed is that the business of the appellant-Corporation is to provide loans or grants for the avowed object for which it has been set up. The decision with regard to who should get the grant is taken by the appellant... | 1[ds]In terms of Section 28 of the IT Act such profits and gains of any business or profession under the head D of Section 14 of the IT Act would be chargeable to income tax if the income is relatable to profits and gains of business or profession carried out by the assessee at any time during the previous year [Clause... | 1 | 7,892 | ### Instruction:
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does not specify as to who should be the grantee; what should be amount to be granted. All that is prescribed is that the business of the appellant-Corporation is to provide loans or... |
554 | STATE OF RAJASTHAN & ANR Vs. MANGAT LAL SIDANA | also takes in a case where but for his retirement, he would have been reinstated while under suspension. In both these cases, the duty of the competent authority is to pass the order within the contemplation of Rule 54(1)(a) and (b). This means that apart from dealing with pay and allowances, as to whether the period o... | 1[ds]This is a case where the respondents have not been fully exonerated as such. The proof of the same is to be found in the fact that they have been visited with a penalty as the disciplinary proceedings have admittedly culminated in the penalty being passed which may be a minor penalty.12. The other aspect of the ma... | 1 | 2,871 | ### Instruction:
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also takes in a case where but for his retirement, he would have been reinstated while under suspension. In both these cases, the duty of the competent authori... |
555 | Tribhuvandas Purshottamdas Thakur Vs. Ratilal Motilal Patel | over the territory now forming part of the State of Gujarat, ceased when a new High Court was set up in the State of Gujarat, but it was held by a Full Bench of the High Court of Gujarat in State of Gujarat v. Gordhandas, 3 Guj LR 269: (AIR 1962 Guj 128 ) (FB) that the decision of the Bombay High Court will be regarded... | 1[ds]We are unable to agree with that view. Obviously, the transactions of mortgage, exchange, gift or lease of any immovable property in Cls. (a) and (b) contemplated to be made by the trustees are voluntary transactions, and in the absence of any clear provision in the Act, the expression "sale" in Cl. (a) would only... | 1 | 3,585 | ### Instruction:
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over the territory now forming part of the State of Gujarat, ceased when a new High Court was set up in the State of Gujarat, but it was held by a Full Bench... |
556 | Patel Sureshbhai Jashbhai Vs. Patel Satabhai Mathurbhai | unwillingness to purchase the land, and"* * *3. Pursuant to this fresh opportunity afforded by sec. 32PP respondent made an application requesting the Tribunal to determine the purchase price. The Gujarat Revenue Tribunal (Revenue Tribunal for short) held that the sale had become ineffective under sub-sec. (3) of sec. ... | 0[ds]Mr. Bobde contended that once the view of the Tribunal is not in consonance with law the only course open to us is to remit the matter to the Tribunal. We are not inclined to accept the submission for the obvious reason that there is material on record that the respondent was a tenant on the relevant date. Apart f... | 0 | 2,454 | ### 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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unwillingness to purchase the land, and"* * *3. Pursuant to this fresh opportunity afforded by sec. 32PP respondent made an application requesti... |
557 | Upper Ganges Valley Electricity Supply Company, Limited, Moradabad Vs. Srivastava (G. S.) | is able to show that S. 22 had not been contravened, then the application under S. 23 made by the employee would be incompetent and there would be incompetent and there would be no jurisdiction for the Labour Appellate Tribunal to consider the merits and the propriety of the order of dismissal. That is show the narrow ... | 0[ds]3. Mr. Janardhan Sharma, for the respondent, attempted to suggest that though Appeal No. 212 of 1953 was disposed of in October 1953 a writ petition was taken to the High Court and the proceedings in that sense continued. But these facts have not been averred in the application made by the workman and we cannot al... | 0 | 1,309 | ### 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:
is able to show that S. 22 had not been contravened, then the application under S. 23 made by the employee would be incompetent and there would be... |
558 | Fruit And Vegetable Merchants Union Vs. Delhi Improvement Trust | it is not considering a question of title. No matter what the title is of the person who owns the street, the section is only considering how much of the street shall vest in the urban authority ......" 19.That the word "vest" is a word of variable import is shown by provisions of Indian statutes also. For example, S. ... | 0[ds]It would thus appear that the power to transfer by way of sale, lease or otherwise vested in the Trust is not an unlimited or an unqualified power but a power circumscribed by such conditions as the Government or the Chief Commissioner, as the case may be, thought fit to impose.The imposition of those conditions i... | 0 | 7,325 | ### 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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it is not considering a question of title. No matter what the title is of the person who owns the street, the section is only considering how much of t... |
559 | Dilbagh Singh Vs. State Of Punjab | the Act is comprehended and called for only in the case of search of a person as distinguished from search of any premises etc. having been authoritatively propounded by the two Constitution Bench rulings of this Court in State of Punjab v. Baldev Singh, 1999(3) R.C.R.(Criminal) 533 : (1999) 6 SCC 172 and Vijaysinh Cha... | 0[ds]This is more so as the contraband in the case in hand had been recovered from inside the car in which the petitioner and the co-accused were travelling at the relevant point of time and not in course of the search of their person. Noticeably, it had also not been the plea of the defence ever that the alleged seizu... | 0 | 2,676 | ### Instruction:
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### Input:
the Act is comprehended and called for only in the case of search of a person as distinguished from search of any premises etc. having been authoritatively propounded by the two Constit... |
560 | Lekha Vs. P.Anil Kumar | child is the father. In the next place, the guardian of a child is the mother. The very principle of guardianship is that there is a presumption that parents will be able to exercise good care in the welfare of their children if they do not happen to be unsuitable as guardians.14. The law permits a person to have the c... | 1[ds]13. According to the Hindu Law, the natural guardian of a minor child is the father. In the next place, the guardian of a child is the mother. The very principle of guardianship is that there is a presumption that parents will be able to exercise good care in the welfare of their children if they do not happen to ... | 1 | 3,618 | ### Instruction:
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child is the father. In the next place, the guardian of a child is the mother. The very principle of guardianship is that there is a presumption that parents will be able to exercise... |
561 | RAJENDRA SINGH AND OTHERS Vs. NATIONAL INSURANCE COMPANY LIMITED AND OTHERS | NAVIN SINHA, J. 1. Leave granted. 2. The High Court by the impugned order dismissed two appeals arising from separate orders of the Motor Accident Claims Tribunal (hereinafter referred to as the Tribunal) deciding two accident compensation claims. The appellants had claimed further enhancement of compensation. 3. The d... | 0[ds]8. We have considered the submission on behalf of the parties. No evidence has been led by the appellant with regard to any income of the first deceased from dairy business. The deceased were travelling in a horse cart along with others to a religious congregation. It is not the case of the respondents that the fi... | 0 | 696 | ### Instruction:
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NAVIN SINHA, J. 1. Leave granted. 2. The High Court by the impugned order dismissed two appeals arising from separate orders of the Motor Accident Claims Tribunal (hereinafter referr... |
562 | Meenakshi Saxena and Ors Vs. ECGC Ltd. and Ors | date nearest or most nearly preceding such date, stating in his plaint what such rate of exchange is. He should further give an undertaking in the plaint that he would make good the deficiency in the courtfees, if any, if at the date of the judgment, at the rate of exchange then prevailing, the rupee equivalent of the ... | 0[ds]18. The whole purpose of Execution proceedings is to enforce the verdict of the court. Executing court while executing the decree is only concerned with the execution part of it but nothing else. The court has to take the judgment in its face value. It is settled law that executing court cannot go beyond the decre... | 0 | 4,934 | ### Instruction:
From the information provided in the case proceeding, infer whether the court's decision will be positive (1) or negative (0) for the appellant.
### Input:
date nearest or most nearly preceding such date, stating in his plaint what such rate of exchange is. He should further give an undertaking in the... |
563 | State Of Andhra Pradesh Vs. S.N. Nizamuddin All Khan | suspended. A charge-sheet was served on the respondent along with the statements of four persons. On the following charges it was proposed to remove the respondent from service namely (1) Communal bias in deciding case, (2) disregarding judicial orders, (3) suggesting names of Muslim lawyers to Muslim parties and (4) i... | 0[ds]The report of the Chief Justice referred to the report of the Enquiring Judge. The Enquiring Judge held that charges relating to the communal bias of the respondent and charges relating t o unbecoming conduct of the respondent in relation to engagement of counsel in pending cases were proved. The Chief Justice in ... | 0 | 2,241 | ### 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:
suspended. A charge-sheet was served on the respondent along with the statements of four persons. On the following charges it was proposed to remove the respo... |
564 | Zippers Karamchari Union Vs. Union of Inida and Others | industry is valid. It is quite clear that YKK was allowed primarily as a result of Ministry of Textiles intervention in emphasizing the need to supply an internationally acceptable brand for the export oriented Ready Made Garment Industry. This objective could be better served if YKK is allowed entry with a 75% export ... | 0[ds](8) From the preamble of the notification itself, it is quite clear that in view of the recommendations made by the Advisory Committee constituted under sub-section 2-B of Section 29(B) of the Act, the Government of India dereserved the integrated plant manufacturing all components. The concept of integrated plant... | 0 | 5,534 | ### 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:
industry is valid. It is quite clear that YKK was allowed primarily as a result of Ministry of Textiles intervention in emphasizing the need to ... |
565 | Gurupad Khandappa Magdum Vs. Hirabai Khandappa Magdum And Ors | be deemed not to have been complied with. These latter assumptions in regard to the issuance of the notice under s. 22 and its non-compliance had to be made for the purpose of giving due and full effect to the fiction created by s. 18A(9)(b). In our case, it is not necessary, for the purposes of working out the fiction... | 0[ds]Two things are thus clear: One, that in a partition of the coparcenary property Khandappa would have obtained a 1/4 th share and two, that the share of the plaintiff in the 1/4 th share is, 1/6 th share, that is to say, 1/24th. So far, there is no difficulty. The question which poses a some what difficult problem ... | 0 | 3,678 | ### 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:
be deemed not to have been complied with. These latter assumptions in regard to the issuance of the notice under s. 22 and its non-compliance ha... |
566 | Jagdev Singh Vs. State of Jammu & Kashmir | ) to which we have already referred. Our learned brother held that where the original order of detention, as in these cases, was a good order for the first period of six months, it would not be open to the State Government to pass a fresh order of detention on the same facts after cancelling the order on the expiry of ... | 1[ds]In these circumstances the principle laid down in Gopalans case, (1966) 2 SCR 427 = (AIR 1966 SC.816 ) cannot apply to the facts of the present cases, for we cannot ignore, that between September, 1965 and April, l967 there was no proper review as required by Rule 30A (9) and the detention for all that period w... | 1 | 3,532 | ### 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:
) to which we have already referred. Our learned brother held that where the original order of detention, as in these cases, was a good order for the f... |
567 | Entertainment Network (India) Ltd. and Ors Vs. Super Cassette Industries Ltd. and Ors. | not Clause (b). 101. Mr. Divan relied on Indian Administrative Services (SCS) Association, U.P. and Ors. v. Union of India and Ors. 1992(3)SCALE126 wherein it has been held that: 9. Thus it is settled law that where the intention of statutory amendment is clear and expressive, words cannot be interpolated. In the first... | 1[ds]39. There cannot be any doubt whatsoever that an artistic, literary or musical work is the brain-child of an author, the fruit of his labour and, so, considered to be his property. A copyright, however, unlike a trade mark is a right created under the Act as is evident from Section 16 thereof. When an author of a ... | 1 | 19,726 | ### 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:
not Clause (b). 101. Mr. Divan relied on Indian Administrative Services (SCS) Association, U.P. and Ors. v. Union of India and Ors. 199... |
568 | Indian Oil Corporation Limited and Another Vs. Union of India and Others | 3 SCR 797 , Balabhagas Hulaschand v. State of Orissa [1976] 2 SCR 939 and Union of India and Anr. v. K. G. Khosla &Co. (P) Ltd. &Ors. [1979] 3 SCR 453. In our opinion the terms of the agreement dated February 9, 1970 summarized above make it quite clear that the sales of naphtha to the 5th respondent were inter-state s... | 1[ds]In our opinion the terms of the agreement dated February 9, 1970 summarized above make it quite clear that the sales of naphtha to the 5th respondent were inter-statesales.Under clause 4 of the agreement seller is "to make the supply of naphtha to the buyer from its refinery at Barauni". The source of supply is th... | 1 | 3,123 | ### 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:
3 SCR 797 , Balabhagas Hulaschand v. State of Orissa [1976] 2 SCR 939 and Union of India and Anr. v. K. G. Khosla &Co. (P) Ltd. &Ors. [1979] 3 SCR 453. In our... |
569 | Assam Railways and Trading Company Limited Vs. Collector of Lakhimpur and Another | Court and the Additional District Judge have both found in this case that the price of land in the locality did not exceed Rs.1000/- per bigha. This finding was reached mainly on the sale statement, Exhibit, C, filed by the Sub-Deputy Collector, and his report, Exhibit J. Exhibit C is described as a "statement showing ... | 1[ds]We have already referred to the wide disparity in price of the different plots of land mentioned inn Exhibit C; if the High Court was not prepared to rely on the side deeds produced by the company, we do not see how it was possible to depend on the transaction noted in Exhibit C. It is not that on the evidence we ... | 1 | 2,179 | ### 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:
Court and the Additional District Judge have both found in this case that the price of land in the locality did not exceed Rs.1000/- pe... |
570 | A.D. Shastri Vs. S.D. Patil and Another | (individual) to appear in person, that it did not include the case of a corporation party which is incapable of appearing in person because it has no visible personality and must, therefore, of necessity appear through some agency and that it was open to the tribunal to determine by way of procedure under S. 11 of the ... | 1[ds](7) SECTION 36, as the marginal note says provides for representation of parties.n (1)confers upon employees the right to be represented by any person holding any of the capacities mentioned in cls. (a), (b) or (c) thereof and in view of the words shall be entitled therein such a right, apart from the provisions o... | 1 | 3,465 | ### 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:
(individual) to appear in person, that it did not include the case of a corporation party which is incapable of appearing in person because it has no v... |
571 | Babulal Badriprasad Varma Vs. Surat Municipal Corpn. | said:"Here there is abundant evidence of waiver, and it is quite clear that a man may by his conduct waive a provision of an Act of Parliament intended for his benefit. The caveator was not brought into Court in any way until the caveat had lapsed. And now the applicant, after all these proceedings have been taken by h... | 0[ds]20. Appellant was a tenant in respect of plot No. 17/8. Plot No. 17/7 was not a plot contiguous thereto. They were separated not only by a road but also by various other plots.21. It is also not in dispute that the appellant filed an objection in regard to the draft scheme but did not eventually pursue the same. T... | 0 | 7,425 | ### 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:
said:"Here there is abundant evidence of waiver, and it is quite clear that a man may by his conduct waive a provision of an Act of Parliament intended... |
572 | M/s. Filmistan Private Limited Vs. Balkrishna Bhiwa & Another | as asked for by the management, especially when there was no error apparent on the record; (2) that though the workman raised the plea of violation of S. 33(2)(b) in his written statement, that contention was not pursued before the Industrial Tribunal and therefore the High Court was not justified in entertaining that ... | 1[ds]9. It is significant to note that there is no averment in the writ petition that the Industrial Tribunal did not consider the plea of contravention of S. 33(2)(b) though it was raised and argued before it. It is also significant that the same lawyer who represented the workman before the Industrial Tribunal appear... | 1 | 2,700 | ### 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:
as asked for by the management, especially when there was no error apparent on the record; (2) that though the workman raised the plea of violation of S. 33(2)... |
573 | Kalawati (D) Through LRs. & Others Vs. Rakesh Kumar & Others | quite apposite to the facts of the case before us.19. In His Holiness Acharya Swami Ganesh Dassji v. Sita Ram Thapar (1996) 4 SCC 526 ) this Court drew a distinction between readiness to perform the contract and willingness to perform the contract. It was observed that by readiness it may be meant the capacity of the p... | 1[ds]15. The High Court noted that even though Rakesh Kumar did not deposit the balance consideration for the grant of injunction in his favour, that was of no consequence and could not be held against him.We agree with the High Court only to this limited extent.Having heard learned counsel for the parties, we are not ... | 1 | 2,728 | ### Instruction:
Interpret the case information and speculate on the court's decision: acceptance (1) or rejection (0) of the presented appeal.
### Input:
quite apposite to the facts of the case before us.19. In His Holiness Acharya Swami Ganesh Dassji v. Sita Ram Thapar (1996) 4 SCC 526 ) this Court drew a distinctio... |
574 | UNIVERSITY OF DELHI Vs. SMT. SHASHI KIRAN & ORS. ETC | between CPF and GPF was always in existence and as held by the Constitution Bench of this Court in Krishena Kumar vs. Union of India and others (1990) 4 SCC 207, the rules governing the Provident Fund and its contribution would be entirely different from the rules governing the Pension Scheme. b) Under the notification... | 0[ds]15. According to the notification dated 01.05.1987 two situations were contemplated. First, the deeming provision in terms of which the concerned employee was taken to have come over to GPF. The second situation being where a conscious option was exercised before the cut-off date to continue to be under CPF. R.N. ... | 0 | 12,419 | ### 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:
between CPF and GPF was always in existence and as held by the Constitution Bench of this Court in Krishena Kumar vs. Union of India and others (1... |
575 | Commissioner of Central Excise, New Delhi Vs. Hero Honda Motors Ltd | 1. This appeal is against the judgment of the Customs, Excise & Gold (Control) Appellate Tribunal, New Delhi dated 6th October, 1998. 2. The question which arises for determination is: whether receipt of advance and the income accruing thereon has gone towards depreciation of the sale price. 3. A conspectus of decision... | 1[ds]4. At the outset, we may point out that in this case the Annual Reports of the assessee show the opening and closing balance of the funds received under the caption Customers Advances. They show deployment of funds so received. The income accruing to the assessee was reflected in profit & loss accounts. For the ye... | 1 | 870 | ### Instruction:
Considering the arguments and evidence in case proceeding, predict the verdict: is it more likely to be in favor (1) or against (0) the appellant?
### Input:
1. This appeal is against the judgment of the Customs, Excise & Gold (Control) Appellate Tribunal, New Delhi dated 6th October, 1998. 2. The que... |
576 | The Management Of Chandramalaiestate, Ernakulam Vs. Its Workmen And Another | case that the workmen were charged only the cost price of rice has rightly been rejected by the Tribunal. The fact that workmen were not compelled to purchase rice from the management is hardly material; the management had opened the shop to help the workmen and if it is found that it charged excess rates, in fairness,... | 1[ds]We are unable to see anything that would justify us in interfering with these conclusions of facts. Indeed the documents on which the Tribunal has based its conclusion were not even made part of the Paper-Book so that even if we had wanted to consider this question ourselves it would be impossible for us to do so.... | 1 | 2,056 | ### 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:
case that the workmen were charged only the cost price of rice has rightly been rejected by the Tribunal. The fact that workmen were not compelled to p... |
577 | Jai Mahal Hotels Pvt. Ltd Vs. Rajkumar Devraj | the exercise of jurisdiction by the High Court is beyond the scope of Section 111 of the Companies Act. 15. We are of the opinion that there is no real dispute between the parties as held by the High Court. DR Group has furnished the succession certificate as well as the transfer deed executed by GD in their favour. Th... | 0[ds]15. We are of the opinion that there is no real dispute between the parties as held by the High Court. DR Group has furnished the succession certificate as well as the transfer deed executed by GD in their favour. The same had to be acted upon. Moreover, the civil court in interim application moved by the UD Group... | 0 | 4,184 | ### 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:
the exercise of jurisdiction by the High Court is beyond the scope of Section 111 of the Companies Act. 15. We are of the opinion that there is no real ... |
578 | Bengal Nagpur Cotton Mills Vs. Board Of Revenue, Madhya Pradesh & Ors | ratio of the case was that one sovereign could not bind another sovereign.No doubt, the decision was also rested on this aspect of the case but it was quite clearly laid down in the case that an agreement cannot rank as a law enacted by the Ruler. The consensual aspect of the document there considered was pointed out i... | 0[ds]8. The Municipal Committee had already imposed octroi in the State but the ruler ordered the Municipal Committee not to collect the dues from the appellant-company because of the agreement. No doubt, the Dewan who entered into the agreement of 1943, was also the local government and the Chief Officer of the Munici... | 0 | 3,144 | ### Instruction:
Using the case data, forecast whether the court is likely to side with (1) or against (0) the appellant/petitioner.
### Input:
ratio of the case was that one sovereign could not bind another sovereign.No doubt, the decision was also rested on this aspect of the case but it was quite clearly laid down ... |
579 | Elson Machines (P) Ltd Vs. Collector Of Central Excise | appellant and imposed the demand. On appeal the Collector of Central Excise (Appeals) set aside the demand for the period April 1, 1980 to November 30, 1980, but the upheld the demand for the period April 1, 1981 to September 30, 1981. In the further appeal before the Customs, Excise and Gold Control Appellate Tribunal... | 0[ds]The submission is that the goods were employed in the manufacture of monoblock pumps within the factory itself. We are not impressed by this contention. As soon as the manufacture of the goods was completed they must be regarded as goods available for clearance from the factory, and there is nothing to show that w... | 0 | 1,502 | ### 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:
appellant and imposed the demand. On appeal the Collector of Central Excise (Appeals) set aside the demand for the period April 1, 1980 to November 30,... |
580 | Ram Swarup Vs. Hari Ram and Others | PATHAK, J.1. The appellant was elected to the Nagal constituency of U. P. Legislative Assembly and was declared elected on June 1, 1980. The respondent Hari Ram filed an election petition against the election of the appellant and the High Court, by its judgment and order dated March 3, 1982 declared the election void. ... | 1[ds]In our opinion, the appellant is right. Article 191 (1) (a) of the Constitution declares that a person shall be disqualified for being chosen as, and for being, a member of Legislative Assembly if he holds any office of profit under the Government of a State other than an office declared by the legislature of the ... | 1 | 910 | ### 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:
PATHAK, J.1. The appellant was elected to the Nagal constituency of U. P. Legislative Assembly and was declared elected on June 1, 1980... |
581 | Tata Iron & Steel Company Limited Bombay & Another Vs. Adil K. Patel | decide the point."18. The aforesaid observations made by the Apex Court in Hindustan Lever Ltd. cannot be applied in the facts and circumstances of the present case. Similarly, the judgment of Allahabad High Court in Raghavendra Mathur also does not help the employer-company at all. In para 7 of Raghavendra Mathur, the... | 0[ds]Having passed through the interviews, he was appointed as Accounts Assistant vide appointment order dated 5.7.1979 by the employer. The complainant submitted that under the appointment order he was not liable to be transferred to any company subsequently set up by Tatas. The complainant worked as Assistant Account... | 0 | 6,678 | ### 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:
decide the point."18. The aforesaid observations made by the Apex Court in Hindustan Lever Ltd. cannot be applied in the facts and circumstances of the... |
582 | Arvind Mohan Johari Vs. State Of U.P. | as the realization/liquidation of the collateral Securities/guarantees would take some time to receive the payment, the Exchange fulfilled the above obligations of the Century Consultants Ltd. initially from the funds of the Exchange. Thereafter the collateral securities/guarantees provided by the Century Consultants L... | 1[ds]8. It is not in dispute that this Court passed the aforementioned order dated 3.11.2004 granting bail to the Appellants herein relying on or on the basis of the representation made by them that all endeavours would be made to disburse to the claimants realise as much amount as possible from the personal and other ... | 1 | 1,678 | ### 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:
as the realization/liquidation of the collateral Securities/guarantees would take some time to receive the payment, the Exchange fulfilled the a... |
583 | STATE OF MAHARASHTRA Vs. AHMAD SHAH KHAN @ SALIM DURANI AND ANOTHER | contained one AK-56 assault rifle of folding type butt, in rusted condition but had been greased and two magazines of AK-56 assault rifle with no identification marks and numbers and it was in rusted condition and greased. 15. The Designated Court after appreciating the evidence on record came to the conclusion as unde... | 0[ds]Confessional statement of the Appellant (A-20):8. The confessional statement made by the Appellant has not been relied upon by learned Special Judge. Therefore, we are not making any reference to it and it has to be ignored. More so, we do not find any force in the submission made by Shri Sunil Kumar that there ha... | 0 | 3,659 | ### 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:
contained one AK-56 assault rifle of folding type butt, in rusted condition but had been greased and two magazines of AK-56 assault rifle with no ... |
584 | Samir Vidyasagar Bhardwaj Vs. Nandita Samir Bhardwaj | (West) Mumbai by way of Agreement for Sale dated 22.11.2010. The said flat was purchased in the joint names of the appellant and the respondent herein where they have been residing with their two daughters till date.4. After more than two decades of marital life, on 09.07.2015 respondent-wife filed a petition under Sec... | 0[ds]10. It is an undisputed fact that the property is a shared household of the parties. Theis working with the Taj Group of Hotels and theis working as an airhostess with the British Airways. As is seen from the organisations in which they are working, both the appellant and the respondent are independent and having ... | 0 | 1,260 | ### Instruction:
Interpret the case information and speculate on the court's decision: acceptance (1) or rejection (0) of the presented appeal.
### Input:
(West) Mumbai by way of Agreement for Sale dated 22.11.2010. The said flat was purchased in the joint names of the appellant and the respondent herein where they ha... |
585 | Janta Machine Tools Vs. State Of U.P. & Ors | incurred by our company by purchasing raw material for its own expenses under the agreement dated May 15, 1981 entered into. M/s. Janta Machine Tools was assured by the company to supply very soon all the remaining machines and installing them and making its trial production at its own expenses." The Division Level Com... | 1[ds]In our opinion, the rejection of the assessees application proceeds on a total misconception of the facts. The conclusion of the Division Level Committee is that production was commenced by the appellant on December 4, 1981 but this conclusion is based on no evidence. It is true that the appellant produced a certi... | 1 | 2,201 | ### 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:
incurred by our company by purchasing raw material for its own expenses under the agreement dated May 15, 1981 entered into. M/s. Janta Machine Tools w... |
586 | Air India Ltd Vs. Cochin International Airport Ltd | Cambatta had protested against giving of an opportunity to Air India to make a presentation by its letters dated 12.11.1998 and 23.11.1998 on the ground that what was being done by CIAL was improper and in violation of global competitive bidding norms. In spite of the protest of Cambatta the Board of Directors of CIAL ... | 1[ds]s necessary toaccept the highestgood reasoner tenders likety ofty ofcan bes. Allss andan opportunity toer tois nod at the time ofes havecannot beon the basis ofcannot beThe only point that really falls for consideration is whether CIAL had acted fairly after it had invited fresh offers by its letter dated 13.7.199... | 1 | 4,530 | ### Instruction:
Interpret the case information and speculate on the court's decision: acceptance (1) or rejection (0) of the presented appeal.
### Input:
Cambatta had protested against giving of an opportunity to Air India to make a presentation by its letters dated 12.11.1998 and 23.11.1998 on the ground that what w... |
587 | VINIT GARG Vs. UNIVERSITY GRANTS COMMISSION, | of the University Grants Commission (UGC), the All India Council for Technical Education (AICTE) and the Distance Education Council (DEC), that some Universities, Institutions Deemed to be Universities and other institutions are offering technical education programmes in the ‘distance mode? without the approval of the ... | 0[ds]4. We may at the outset record that the petitioners have given up and not raised the contention that the decision authored by one of us (Uday Umesh Lalit, J.) in Orissa Lift Irrigation Corporation Limited-I is per incuriam for the ratio is contrary to the decision in Bharathidasan University (supra). Indeed, such ... | 0 | 8,473 | ### 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:
of the University Grants Commission (UGC), the All India Council for Technical Education (AICTE) and the Distance Education Council (DEC), that some Un... |
588 | THANKAMONY AMMA Vs. OMANA AMMA N | matter was decided in favour of the appellants by both the courts below. 10. The scope of revisional powers under Section 20 of the Act came up for consideration in Rukmini Amma Saradamma v. Kallyani Sulochana and others (1993) 1 SCC 499. While considering whether the High Court could have reappreciated entire evidence... | 1[ds]10. The scope of revisional powers under Section 20 of the Act came up for consideration in Rukmini Amma Saradamma v. Kallyani Sulochana and others (1993) 1 SCC 499. While considering whether the High Court could have reappreciated entire evidence, it was laidWe are afraid this approach of the High Court is wron... | 1 | 2,434 | ### 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:
matter was decided in favour of the appellants by both the courts below. 10. The scope of revisional powers under Section 20 of the Act came up fo... |
589 | Murli Industries Limited Vs. Assistant Commissioner of Income Tax and ors | 238 of IBC) have an overriding effect, if there is any inconsistency with any of the provisions of the law for the time being in force, including the Income Tax Act, 1961. The Honble Apex Court has also held that section 31 of the amended Act will have retrospective effect. 19. Having said so, it is now crystallized th... | 1[ds]9. We are unable to accede to the submissions made by Mr. Bhattad, learned counsel for Respondent Nos. 1 and 2, raising preliminary objections, the reasons for which will follow in the later part of the judgment.the answer is traceable in Ghanashyam Mishras case (supra). The Honble Supreme Court while dealing with... | 1 | 4,284 | ### Instruction:
Using the case data, forecast whether the court is likely to side with (1) or against (0) the appellant/petitioner.
### Input:
238 of IBC) have an overriding effect, if there is any inconsistency with any of the provisions of the law for the time being in force, including the Income Tax Act, 1961. The... |
590 | Padamallu Ramanamma Vs. Arisenkula Appalanarasamma | Alagiriswami, J.1. This is an unfortunate litigation between a mother and her only daughter. The mother filed a suit. O. S. No. 40 of 1956 against the daughter claiming a certain house as her own and that she let it out to her daughter on a monthly rent of Rs. 30 and sought eviction of the daughter from the house. The ... | 0[ds]3. The next question is whether the house was constructed by the appellant and her husband with their moneys. | 0 | 943 | ### Instruction:
Analyze the case proceeding and predict whether the appeal/petition will be accepted (1) or rejected (0).
### Input:
Alagiriswami, J.1. This is an unfortunate litigation between a mother and her only daughter. The mother filed a suit. O. S. No. 40 of 1956 against the daughter claiming a certain house ... |
591 | Assistant Commissioner of Income-tax Vs. Victory Aqua Farm Ltd | provisions of Section 32 of the Act. It is not even necessary to deal with this aspect in detail with reference to the various judgments, inasmuch as judgment of this Court in Commissioner of Income Tax, Karnataka v. Karnataka Power Corporation [2002(9) SCC 571] clinches the issue. Therein the Court has taken into cons... | 0[ds]4. It is not in dispute that if these ponds are plants, then they are eligible for depreciation at the rates applicable to plant and machinery and case would be covered by the provisions of Section 32 of the Act. It is not even necessary to deal with this aspect in detail with reference to the various judgments, i... | 0 | 1,489 | ### 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:
provisions of Section 32 of the Act. It is not even necessary to deal with this aspect in detail with reference to the various judgments, inasmuch... |
592 | State of Tamil Naduv. Messrs Shakti Estates Vs. Shanmugham Estate, Tamil Nadu | of the tract developed, the extent and value of the trees standing on the land, the inevitability of the jungle having to be cleared and the standing trees disposed of before commercial crops could be grown, the manner in which the forest trees were disposed of are all, we think, insignia that mark out the entire set o... | 1[ds]9. It is true that, in the area of income tax law, it has been held that no adventure to the nature of trade can be spelt out where all that a person does amounts to a mere realisation of his capital assets. It has been held thus that an owner of a huge estate who does not want to retain it any longer cannot be ta... | 1 | 2,915 | ### 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 tract developed, the extent and value of the trees standing on the land, the inevitability of the jungle having to be cleared an... |
593 | SAGUFA AHMED & ORS Vs. UPPER ASSAM PLYWOOD PRODUCTS PVT. LTD & ORS | to come physically to file such proceedings in respective Courts/Tribunals across the country including this Court, it is hereby ordered that a period of limitation in all such proceedings, irrespective of the limitation prescribed under the general law or Special Laws whether condonable or not shall stand extended w.e... | 0[ds]13. Therefore, it is true, as contended by the appellants, that the period of limitation of 45 days prescribed in Section 421(3) would start running only from the date on which a copy of the order of the Tribunal is made available to the person aggrieved. It is also true that under Section 420(3) of the Act read w... | 0 | 2,600 | ### 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:
to come physically to file such proceedings in respective Courts/Tribunals across the country including this Court, it is hereby ordered that a ... |
594 | Belwal Spinning Mills Ltd Vs. U.P.State Electricity Board | of the amount of quantity supplied to the consumer in the absence of fraud where a dispute is raised by either of the party about the functioning of the meter, cannot be overlooked. Sub section (6) has been amended and the legislature has introduced a conscious departure by deleting the requirement of assessing the qua... | 0[ds]In appreciating the intention of the legislature, the provision for treating the recording of the disputed meter to be the conclusive proof of the amount of quantity supplied to the consumer in the absence of fraud where a dispute is raised by either of the party about the functioning of the meter, cannot be overl... | 0 | 12,298 | ### 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:
of the amount of quantity supplied to the consumer in the absence of fraud where a dispute is raised by either of the party about the functionin... |
595 | Mallappa Girimallappa Betgeri & Others Vs. R. Yellappagouda Patil & Others | held that the "K" properties were joint family properties. Since the subsequently acquired properties had been admittedly purchased with the income of the "K" properties, it followed that they were also joint properties.8. It is not the practice of this Court to set aside findings of fact concurrently arrived at by the... | 0[ds]9. In our view, this finding was based on proper evidence. Not only was there the statement in the deed of sale that the "K" properties had been transferred in consideration of Rs. 2, 000 paid by the appellant to Irangouda but in a suit which Gangawa had filed in 1906 against the appellant and Irangouda to set asi... | 0 | 1,920 | ### Instruction:
Review the case details and predict the decision: will the court accept (1) or deny (0) the appeal/petition?
### Input:
held that the "K" properties were joint family properties. Since the subsequently acquired properties had been admittedly purchased with the income of the "K" properties, it followed... |
596 | Bhatnagars And Co. Ltd Vs. The Union Of India(And Connected Petitions) | an appeal to the Central Board of Revenue. The said appeal was, however, dismissed. The petitioner then moved the Central Government against this order but on 22-9-1955, the Central Government refused to interfere. It appears that on 31-3-1956, the Collector of Customs ordered that the goods should be auctioned. When t... | 0[ds]The petitioner is entirely in error in assuming that, on behalf of the Union of India, any undertaking was given that his revisional petition would be disposed of within a day or two.Indeed, the Solicitor-General fairly told us that, at the time when the petitioners earlier application was disposed of, he had expr... | 0 | 1,827 | ### 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:
an appeal to the Central Board of Revenue. The said appeal was, however, dismissed. The petitioner then moved the Central Government against thi... |
597 | B.S.E. Brokers Forum, Bombay & Ors. Vs. Securities & Exchange Board Of India & Ors. | fairness to the petitioners, we must notice the fact that the High Court at an interim stage had appointed a Committee headed by Justice A.N. Mody to submit a report as to the reasonableness of the levy. The petitioners rely heavily on the aid report to support their cse while they have the reservations as to the Bhatt... | 0[ds]17. Section 29 of the Act empowers the Central Government to make, by notification, rules for carrying out the purposes of the Act. It is an undisputed fact that such Rules have been notified. Pursuant to the power vested in the Board under Section 30 of the Act, the Board has framed the SecuritiesExchange Board o... | 0 | 12,803 | ### 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:
fairness to the petitioners, we must notice the fact that the High Court at an interim stage had appointed a Committee headed by Justice A.N. Mody to submit a... |
598 | State Of Kerala Vs. A.B. Abdul Khadir & Ors | credit facilities and a most of other factors - natural and business - enter into the maintenance of trade relations and the free flow of trade cannot necessarily be deemed to have been obstructed merely because in a particular State the rate of tax on sales is higher than the rates prevailing in other State.8. On beha... | 1[ds]The view taken by the High Court was that in the absence of any production of tobacco inside Kerala State it was not competent for the Kerala Legislature to enact the impugned Act under Article 304 (a) of the Constitution.In our opinion the High Court has not correctly appreciated the import of the decision of thi... | 1 | 4,267 | ### 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:
credit facilities and a most of other factors - natural and business - enter into the maintenance of trade relations and the free flow of trade cannot necessar... |
599 | KATTUKANDI EDATHIL KRISHNAN & ANR Vs. KATTUKANDI EDATHIL VALSAN & ORS | the date of birth of the first plaintiff is shown as 12.05.1942. K.E. Damodaran and Chiruthakutty are described as father and mother. Ex.B-1 is the copy of the similar certificate produced by the defendants. On comparing Ex.A-9 and Ex.B-1, it is seen that some corrections have been made in Ex.A-9 with regard to the pla... | 1[ds]14. It is not disputed that the suit property belongs to one Kattukandi Edathil family which is a Thiyya family of Calicut governed by the Mitakshara Law of Inheritance. The said property originally belonged to one Kattukandi Edathil Kanaran Vaidyar who had four sons, namely, Damodaran, Achuthan, Sekharan and Nara... | 1 | 3,381 | ### 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 date of birth of the first plaintiff is shown as 12.05.1942. K.E. Damodaran and Chiruthakutty are described as father and mother. Ex.B-1 is the copy of th... |
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