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600 | Gorantla Thataiah Vs. Thotakura Venkata Subbaiah & Ors | its execution, is himself benefited by its dispositions, that is a circumstance which ought generally to excite the suspicion of the court, and calls on it to be vigilant and zealous in examining the evidence in support of the instrument in favour of which it ought not to pronounce, unless the suspicion is removed, and... | 1[ds]6. It is well established that in a case in which a will is prepared under circumstances which raise the suspicion of the court that it does not express the mind of the testator it is for those who propound the will to remove that suspicion. What are suspicious circumstances must he judged in the facts and circums... | 1 | 3,614 | ### Instruction:
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its execution, is himself benefited by its dispositions, that is a circumstance which ought generally to excite the suspicion of the court, and calls on it to be vigilant and ... |
601 | M/S Tata Sky Ltd Vs. State Of M.P. | legislature considered it necessary to amend the 1936 Act and to insert section 3-A and section 3-B respectively with effect from May 1, 1999 and April 1, 2001. In this regard, it is also very important to note that both in the case of shows by video cassette recorder or video cassette and player, cable T.V. operations... | 1[ds]In our view, the submission is untenable for more reasons than one. First, section 2(d)(iv) is only the measure of tax and it does not create the charge which is created by section 3. The question of going to the measure of the tax would arise only if it is found that the charge of tax is attracted. Under section ... | 1 | 5,164 | ### Instruction:
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legislature considered it necessary to amend the 1936 Act and to insert section 3-A and section 3-B respectively with effect from May 1, 1999 an... |
602 | ASIAN HOTELS (NORTH) LTD Vs. ALOK KUMAR LODHA & ORS | the original plaintiffs to amend their respective plaints so as to declare void ab-initio all the mortgages / charges on the entire premises in question and also implead mortgagee banks / financial institutions for that purpose. 7.2. At the outset, it is required to be noted that mortgages have been created in favour o... | 1[ds]7.2. At the outset, it is required to be noted that mortgages have been created in favour of different mortgage banks/ financial institutions since 1982 onwards which have been extended and / or rolled over, refinanced and replaced from time to time. The mortgages are created not only with respect to the shops / p... | 1 | 4,664 | ### Instruction:
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the original plaintiffs to amend their respective plaints so as to declare void ab-initio all the mortgages / charges on the entire premises in question and also imple... |
603 | Balasaheb Arjun Torbole Vs. The Administrator & Divnl.Commr | area for the purposes of approving a slum rehabilitation scheme for such area. As discussed earlier, we find no merit in the submission on behalf of the appellants that the required particulars were not compiled and were not available in the form of Annexure II for the private lands or it led to illegality and vitiated... | 0[ds]21. In the present case, the only legal injury to appellants as per submissions of Mr. Parikh is that if the private plots were treated as separate slum area, the residents of these plots alone could have formed and carried out development scheme through their own cooperative society and gained some advantages inc... | 0 | 8,658 | ### Instruction:
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area for the purposes of approving a slum rehabilitation scheme for such area. As discussed earlier, we find no merit in the submission on behalf of the appellants that the required ... |
604 | Commissioner of Income Tax, Bangalore Vs. K. Y. Pilliah and Sons | the Appellate Assistant Commissioner ". On that view, the second question was also decided in favour of the assessees. The Commissioner of Income-tax has appealed to this court with special leaveThe true income, profits and gains of the assessees could obviously not be deduced from the books of account of the assessees... | 1[ds]4. On the facts disclosed, theOfficer could exercise the power to estimate the turnover. The power must of course be exercised not arbitrarily, but judicially in the light of relevant materials. It is, however, not even suggested that theOfficer acted arbitrarily or capriciously in exercising his power to estimate... | 1 | 2,192 | ### Instruction:
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the Appellate Assistant Commissioner ". On that view, the second question was also decided in favour of the assessees. The Commissioner of Income-tax h... |
605 | Memon Abdul Karim Haji Tayab Vs. Deputy Custodian General, New Delhi And Others | property, namely, ;the actionable claim. The contention of the appellant that S. 48(1) will not apply to the recovery of this sum of money must therefore fail and the Custodian would have the right to recover the sum of money as it is payable in respect of the evacuee property of the appellants sister, namely, the righ... | 0[ds]We are of opinion that the argument is misconceived. Section 9 deals with the recovery of immovable property or specific movable property which can be physically seized; it does not deal with incorporeal evacuee property which may vest in the Custodian and which, for example, may be of the nature of an actionable ... | 0 | 2,959 | ### Instruction:
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property, namely, ;the actionable claim. The contention of the appellant that S. 48(1) will not apply to the recovery of this sum of money must therefore fail and t... |
606 | State Of Bhopal And Ors Vs. Champalal And Ors | 6, which are the key, provisions of the Act, Mr. Sen conceded that it would not be necessary to consider the validity of the other provisions and we accordingly refrain from doing so.14. This takes us to the second principal ground on which the respondents have succeeded, viz., that even if the Act be valid, the provis... | 0[ds]. The preamble and long title of the Act make it clear that the enactment is one "for the reclamation and development of lands by the eradication of kans weed in certain areas in the State, the purpose being specified as the eradication of kans in area infested with it. The legislative policy behind the provision ... | 0 | 6,783 | ### Instruction:
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6, which are the key, provisions of the Act, Mr. Sen conceded that it would not be necessary to consider the validity of the other provisions and we accordingl... |
607 | Sri-La-Sri Subramania Desika Gnanasambandapandarasannadhi Vs. State Of Madras And Another | of this Court in Shri Radheshyam Khare v. State of Madhya Pradesh, 1959 SCR 1440 : (AIR 1959 SC 107 ). In that case, it was held that Ss. 33A and 57 of the C.P. and Berar Municipalities Act, 1922, differed materially in their scope and effect, and that the nature of the orders which can be passed under the two respecti... | 1[ds]17. That takes us to the consideration of the question as to whether the two reasons given by the High Court in support of this decision are valid.The first reason, as we have already indicated, is that the High Court thought that the plea in question had not been raised by the appellant in his writ petition. This... | 1 | 4,826 | ### Instruction:
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of this Court in Shri Radheshyam Khare v. State of Madhya Pradesh, 1959 SCR 1440 : (AIR 1959 SC 107 ). In that case, it was held that Ss. 33A and 57 of the C.P. and... |
608 | NTPC Ltd Vs. M/s Deconar Services Pvt. Ltd | beyond the scheduled period of the contract. The Arbitrator also noted that the appellant accepted the work undertaken by the respondent beyond the period of the contract without objections. The Arbitrator also carefully assessed the period of delay attributable to the appellant and awarded escalation to the respondent... | 0[ds]11. Before proceeding further, it is necessary to make note of the scope of interference by Courts in arbitral awards passed under the Arbitration Act, 1940. This Court has consistently held that the Court does not sit in appeal over an award passed by an arbitrator. In Kwality Manufacturing Corporation v. Central... | 0 | 3,329 | ### Instruction:
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beyond the scheduled period of the contract. The Arbitrator also noted that the appellant accepted the work undertaken by the respondent beyond the per... |
609 | NORTH DELHI MUNICIPAL CORPORATION Vs. HARLEEN KAUR & ORS | 1. Delay condoned.2. Leave granted.3. The High Court has furnished cogent reasons for declining to interfere with the order of the Tribunal directing the appellant to consider the cases of the respondents for regularization as Entomologists.4. The respondents were appointed after public advertisement and were selected ... | 1[ds]5. We are not inclined to entertain this appeal insofar as the grant of regularization is concerned. | 1 | 258 | ### Instruction:
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1. Delay condoned.2. Leave granted.3. The High Court has furnished cogent reasons for declining to interfere with the order of the Tribunal directing the appellant to consider... |
610 | M/S. Tulsidas Khimji Vs. Their Workmen | SC 886) in which also the judgment of the Court was delivered by Wanchoo J. The appeal before this Court was by special leave from an award of the Industrial Tribunal and the case of the appellants -the employees was that they were entitled to a bonus irrespective of profit on a scale which they set out. The Tribunal n... | 0[ds]In this connection, it has been found by the Tribunal that the claim of the partners that they devoted their whole time to the business of this firm only, is not correct, and that the individual partners, on their own account, and certainly as partners of another firm, have been carrying on their other business ac... | 0 | 10,340 | ### Instruction:
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SC 886) in which also the judgment of the Court was delivered by Wanchoo J. The appeal before this Court was by special leave from an award of the Industrial Tribunal and the ... |
611 | Amadalavalasa Cooperative Agricultural &Industrial Society Vs. U.O.I | of the factory or goods insured was incurred Acts and the schemes were in operation. The liability to pay premia on the basis of the full insurable value of the factory or goods is one thing; the quantification of the amount is another.16. But it was argued that if a policy was taken not for the full insurable value, t... | 0[ds]It is clear from the provisions of the Acts t hat the duty to take out insurance policy for the full insurable value of the factory of goods was mandatory and that the failure to do so was an offence. Besides, in the case of failure to insure for the full insurable value, provisions were made for recovery of the r... | 0 | 3,742 | ### Instruction:
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of the factory or goods insured was incurred Acts and the schemes were in operation. The liability to pay premia on the basis of the full insurable value of th... |
612 | Indian Drugs & Pharmaceutical Ltd Vs. Famy Care | the list of 102 items that those 102 items would be purchased directly without any tendering process. Therefore, the High Court should not have interfered with the policy making exercise of the Union of India.12. When we see the impugned judgment, it is clear that the policy of the Union of India was not in question in... | 0[ds]9. The High Court noted that in case of contraceptives other than reservation in favour of HLL was required to be 55 per cent and the balance of 45 per cent was to be opened for private sector and could be released only after finalization of the rate contract through tendering process. The High Court further noted... | 0 | 2,816 | ### Instruction:
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the list of 102 items that those 102 items would be purchased directly without any tendering process. Therefore, the High Court should not have interfered with... |
613 | Sales Tax Officer, Special Circle, Ernakulam & Anr Vs. Tata Oil Mills Co. Ltd | that the State legislature was directly legislating for the imposition of sales or purchase tax under entry 54 of List II when it made such a provision, for on the face of the provision. the amount, though collected by way of tax, was not exigible as tax under the law."An attempt was made on behalf of the State in that... | 0[ds]After hearing the learned counsel, we are of the opinion that there is no merit in these twoState Legislature is competent to make a law under entry 54 of List II in Seventh Schedule to the Constitution in respect of "taxes on the sale or purchase of goods other than newspapers subject to the provisions of entry 9... | 0 | 2,940 | ### Instruction:
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that the State legislature was directly legislating for the imposition of sales or purchase tax under entry 54 of List II when it made such a provision, for on... |
614 | Antifriction Bearings Corporation Limited & Others Vs. State of Maharashtra & Others | and subsequently received in the State. What is significant that these provisions take note of the duty already paid on the instrument in other State and seeks to recover only difference between duty chargeable in this State and duty already paid when registered in some other State. Doing something pursuant to the inst... | 0[ds]8. To read, that the receipt of original instrument alone is a chargeable event, would certainly frustrate the entire legislative scheme under Section 7 read with Section 19 of the Act of 1958. Certainly such construction would fertilise the design of executor to evade Stamp Duty. At this stage, we refer to the Am... | 0 | 2,295 | ### Instruction:
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and subsequently received in the State. What is significant that these provisions take note of the duty already paid on the instrument in other State and seek... |
615 | Bai Hiragauri Vs. Abdul Kadar Mamadji & Another | and disposed of together. The Trial court by its judgment dated the 17th November, 1960 held that the tenants were in arrears for more than the statutory six months; that the standard rent was the same as claimed by the landlady; that the tenants were liable to pay the municipal tax in addition and that in view of S. 1... | 1[ds]5. It is obvious from the Judgment of the High Court that it interfered with the concurrent findings of the lower courts on the ground that it had jurisdiction to deal with the cases under Section 29 (2). It seems to have escaped the learned Judges notice that the revisions before him arose out of suits which had ... | 1 | 1,397 | ### Instruction:
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and disposed of together. The Trial court by its judgment dated the 17th November, 1960 held that the tenants were in arrears for more than the ... |
616 | K.D Sharma Vs. Steel Authorities Of India Ltd | of the Bank was challenged by the Federation by filing a petition in this Court under Article 32 of the Constitution. It was supported by an affidavit and the contents were affirmed by the President of the Federation to be true to his `personal knowledge. It was stated: The petitioners have not filed any other similar ... | 0[ds]46. In the case on hand, the appellant has not come forward with all the facts. He has chosen to state facts in the manner suited to him by giving an impression to the Writ Court that an instrumentality of State (SAIL) has not followed doctrine of natural justice and fundamental principles of fair procedure. This ... | 0 | 7,218 | ### Instruction:
From the information provided in the case proceeding, infer whether the court's decision will be positive (1) or negative (0) for the appellant.
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of the Bank was challenged by the Federation by filing a petition in this Court under Article 32 of the Constitution. It was supported by an affid... |
617 | Central India Spinning, Weaving and Manufacturing Company Limited, Nagpur Vs. Union of India, Ministry of Finance & Others | discount not being refundable on any account whatsoever) allowed in accordance with the normal practice of the wholesale trade at the time of removal in respect of such goods sold or contracted for sale.Explanation.---For the purpose of this sub-clause, the amount of the duty of excise payable on any excisable goods sh... | 0[ds]9. It appears to be quite obvious from the above provisions that the Value of excisable goods is the normal price i.e. the price at which the goods are ordinarily sold by the assessee to the buyers in the course of wholesale trade. Therefore, the value for the purpose of excise duty is the normal price but not inc... | 0 | 3,869 | ### Instruction:
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discount not being refundable on any account whatsoever) allowed in accordance with the normal practice of the wholesale trade at the time of re... |
618 | Abdul Rehman Vs. State of Karnataka | Fazal Ali, J.This appeal by special leave is directed against the judgment of the Karnataka High Court upholding the conviction of the appellant under Section 302 and his sentence of life imprisonment. Facts of this case have been fully detailed in the judgment of the High Court and it is not necessary for us to repeat... | 0[ds]There is, however, no evidence to show that the accused was actually arrested on April 26, 1971 as alleged by thethe circumstances, we are unable to accept the first plank of the argument advanced by the learned for the appellant. Secondly, it was argued that as a Judicial Magistrate was available at Hubli, the In... | 0 | 501 | ### Instruction:
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Fazal Ali, J.This appeal by special leave is directed against the judgment of the Karnataka High Court upholding the conviction of the ... |
619 | Renuka Mukherjee Vs. Vodafone Essar Ltd. and Ors | the said Complaint to its logical conclusion and subjected herself to cross-examination. The contention on behalf of the Petitioner that she did not prosecute the said Complaint because she was not a workman and her Complaint before the Labour Court may not have been entertained, is merely stated to be rejected. In her... | 0[ds]Thus, at the time of admission of the Petition, the Petitioner had not pressed the prayer challenging her termination order dated 1 August 2000 in view of the substantive challenge to the said termination order made by her in her Complaint (ULP) No. 93 of 2000 filed before the Labour Court. It is not in dispute th... | 0 | 8,906 | ### Instruction:
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the said Complaint to its logical conclusion and subjected herself to cross-examination. The contention on behalf of the Petitioner that she did not prosecut... |
620 | Venture Global Engineering Vs. Satyam Computer Services Ltd | in the contemplation of a civil court of justice, may be said to include properly all acts, omissions, and concealments which involve a breach of legal or equitable duty, trust or confidence, justly reposed, and are injurious to another, or by which an undue or unconscientious advantage is taken of another."50. In Indi... | 1[ds]22. We are of the opinion that in dealing with a prayer for amendment, Courts normally prefer substance to form and techniques and the interest of justice is one of most relevant considerations. Therefore, if a party is entitled to amend its pleadings, having regard to the justice of the case, the right of the par... | 1 | 5,544 | ### Instruction:
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in the contemplation of a civil court of justice, may be said to include properly all acts, omissions, and concealments which involve a breach of legal or equi... |
621 | SUSHIL SETHI Vs. THE STATE OF ARUNACHAL PRADESH | Director of vicarious liability, in the absence of company being arrayed as a party, no proceedings can be initiated against such Managing Director or any officer of a company. It is further observed and held that when a complainant intends to rope in a Managing Director or any officer of a company, it is essential to ... | 1[ds]5.1 At the outset, it is required to be noted that the chargesheet has been filed against the appellants for the offences under Section 420 read with Section 120B of the IPC. By the impugned judgment and order, the High Court has refused to quash the FIR and the chargesheet against the appellants in exercise of po... | 1 | 6,497 | ### Instruction:
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Director of vicarious liability, in the absence of company being arrayed as a party, no proceedings can be initiated against such Managing Director or any officer of a company. It is fu... |
622 | UTTAR HARYANA BIJLI VITRAN NIGAM LTD.(UHBVNL) Vs. ADANI POWER LTD | judgments cited by learned counsel on behalf of both sides. In South Eastern Coalfields Ltd. v. State of Madhya Pradesh and Ors., (2003) 8 SCC 648 [ “South Eastern Coalfields”], this Court held that interest is payable in equity in certain circumstances and finally concluded: “24. We are, therefore, of the opinion that... | 0[ds]6. It will be seen that Article 13.4.1 makes it clear that adjustment in monthly tariff payment on account of change in law shall be effected from the date of the change in law [see sub-clause (i) of clause 4.1], in case the change in law happens to be by way of adoption, promulgation, amendment, re-enactment or r... | 0 | 4,888 | ### Instruction:
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judgments cited by learned counsel on behalf of both sides. In South Eastern Coalfields Ltd. v. State of Madhya Pradesh and Ors., (2003) 8 SCC 648 [ “South Eastern Coalfields”], this Co... |
623 | Moriroku UT India (P) Ltd., Vs. State of U.P. & Others | this Act, two independent sales or purchases shall, for the purposes of this Act, be deemed to have taken place--(a) when the goods are transferred from a principal to his selling agent and from the selling agent to his purchaser,(b) when the goods are transferred from the seller to a buying agent and from the buying a... | 1[ds]In the present case,moulds were manufactured by the buyer/customer so that the auto components could be manufactured by the appellant in terms of the specifications given by the buyer. Therefore, the cost of manufacture of these moulds was incurred by the buyer/customer and not by the appellant. In our judgment, w... | 1 | 5,736 | ### Instruction:
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this Act, two independent sales or purchases shall, for the purposes of this Act, be deemed to have taken place--(a) when the goods are transfer... |
624 | Commissioner of Income Tax Vs. Lucas T. V. S. Limited | The order of the Tribunal states that clause 4(ii) of the agreement dated November 27, 1962, between Lucas, the English company, and the respondent would show that the purchase price of the plant and machinery, which had been advanced to the respondent by Lucas (England), would be satisfied with the issue by the respon... | 0[ds]What is relevant for our purpose is that a liability depending upon a contingency is not a debt in praesenti or in futuro till the contingency has happened. In the present case, the liability of the respondent to Lucas (England) is to issue to Lucas (England) equity shares of a value equivalent to the amount advan... | 0 | 573 | ### Instruction:
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The order of the Tribunal states that clause 4(ii) of the agreement dated November 27, 1962, between Lucas, the English company, and th... |
625 | Union Of India Vs. Gurbaksh Singh & Another | the post of Assistant Settlement Commissioner, unless such power was conferred upon it by virtue of a direction given by the Central Government under Section 34, but admittedly there was no such direction in the present case. In fact, the Central Government, by its letter dated 18th April, 1955 requested the State Gove... | 0[ds]9. Now, if we look at the provisions of the Act, it is clear that it is the Central Government which is constituted the ultimate authority responsible for the administration of the provisions of thepost of Assistant Settlement Commissioner - that being the post with which we are concerned in this appeal - is, ther... | 0 | 3,917 | ### Instruction:
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the post of Assistant Settlement Commissioner, unless such power was conferred upon it by virtue of a direction given by the Central Government under Section 34, bu... |
626 | The Sindhu Resettlement Corporation Ltd Vs. The Industrial Tribunal Of Gujarat & Ors | the services he had rendered in that Company, but the appellant Corporation was responsible for his retrenchment dues for the service which had been rendered by respondent No. 3 in the appellant Corporation. The prayer was that, as the appellant had refused him re-employment, arrangement should be made to pay his retre... | 1[ds]It is true that the form in which it was urged before the High Court was slightly different. There, the point raised was that a demand for reinstatement, when there had been retrenchment only and no discharge or dismissal, could not be held to constitute an industrial dispute. On the facts of the case as they appe... | 1 | 4,346 | ### Instruction:
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the services he had rendered in that Company, but the appellant Corporation was responsible for his retrenchment dues for the service which had been rendered b... |
627 | Glencore International AG Vs. Hindustan Zinc Ltd | sum of Rs 55 lakhs against the respondent. The respondent not having settled the claim, a notice was issued on behalf of the petitioner invoking Clause.17.1(2) of the arbitration agreement and nominating a retired Judge of the High Court of Delhi as its nominee arbitrator and calling upon the respondent to name its nom... | 1[ds]In the light of my conclusion above that the claim exceeded Rs 50 lakhs, it has logically to follow that it was Clause.17.1(2) of the arbitration agreement that was attracted and not Clause.17.1(1). If that be so, the act of the respondent in nominating the sole arbitrator itself has to be held to be outside its a... | 1 | 1,643 | ### Instruction:
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sum of Rs 55 lakhs against the respondent. The respondent not having settled the claim, a notice was issued on behalf of the petitioner invoking Clause.... |
628 | Office Of The Chief Post Master Vs. Living Media India Ltd | on record suggests neglect of its own right for long time in preferring appeals. The court cannot enquire into belated and stale claims on the ground of equity. Delay defeats equity. The court helps those who are vigilant and "do not slumber over their rights". After referring various earlier decisions, taking very len... | 0[ds]29. It needs no restatement at our hands that the object for fixing time-limit for litigation is based on public policy fixing a lifespan for legal remedy for the purpose of general welfare. They are meant to see that the parties do not resort to dilatory tactics but avail their legal remedies promptly. Salmond in... | 0 | 4,836 | ### Instruction:
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on record suggests neglect of its own right for long time in preferring appeals. The court cannot enquire into belated and stale claims on the ground of equity. Delay defeats equity. Th... |
629 | LMJ International Ltd Vs. Dankuni Steels Limited | only stated that if an opportunity is given to Siona Enterprise it would be in a position to offer Rs. 14500/- per MT. Again without depositing 10% of the offer value, only a statement was made that the intending bidder was willing to deposit that amount immediately with Special Officer. It was contended that such an o... | 1[ds]10. Prima facie, we find that the submission of Mr. Sinha is correct. On May 29, 2017, when the matter was taken up for arguments on application filed by Respondent no. 5 for vacation of the stay, order was passed on May 25, 2017 and this Court was not inclined to vacate the stay, counsel for Respondent no. 5 had ... | 1 | 3,061 | ### Instruction:
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only stated that if an opportunity is given to Siona Enterprise it would be in a position to offer Rs. 14500/- per MT. Again without depositing 10% of the offe... |
630 | State Of Madhya Pradesh And Another Vs. Col. Lal Rampal Singh | Sarkar, J.1. This is the third case in the series and it arises out of a petition for a writ of certiorari moyed in the High Court of Madhya Pradesh to quash certain orders reducing the pension granted to the respondent Col. Lal Rampal Singh by an order of the Ruler of Rewa before that State had merged in the United St... | 1[ds]It seems to us quite clear from the terms of the order that the Ruler purported to act under the Rewa State Rules. This appears from the reference in the order to "full pension", condemnation of the "breaks in his service" and "special case". This also appears from the fact that the order granted the respondent ce... | 1 | 853 | ### Instruction:
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Sarkar, J.1. This is the third case in the series and it arises out of a petition for a writ of certiorari moyed in the High Court of Madhya Pradesh to quash certai... |
631 | Oberoi Hotel P.Ltd Vs. The Commissioner Of Income Tax | of an office or agency is regarded as capital receipt, but this rule is subject to an exception that payment received even for termination of agency agreement would be revenue and not capital in the case where the agency was one of many which the assessee held and its termination did not impair the profit making struct... | 1[ds]6. Applying the aforesaid test laid down by this Court in the present case in our view the Tribunal was right in arriving at a conclusion that it was a capital receipt. Reason is that as provided in Article XVIII of the First Agreement assessee was having an option or right or lien, if owner desired to transfer th... | 1 | 2,167 | ### Instruction:
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of an office or agency is regarded as capital receipt, but this rule is subject to an exception that payment received even for termination of agency agreement ... |
632 | Cit Vs. M/S Meghalaya Steels Ltd | But, we are concerned in this case with the transport and interest subsidy which has a direct nexus with the manufacturing activity inasmuch as these subsidies go to reduce the cost of production. Therefore, the judgment in the case of Liberty India v. Commissioner of Income Tax has no manner of application. The Suprem... | 0[ds]10. There is no dispute between the parties that the businesses referred to in Section 80-IB are businesses which are eligible businesses under both the aforesaid Sections. The parties have only locked horns on the meaning of the expression ?any profits and gains derived from any business?.We are of the view that ... | 0 | 7,412 | ### 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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But, we are concerned in this case with the transport and interest subsidy which has a direct nexus with the manufacturing activity inasmuch as ... |
633 | REJI THOMAS Vs. THE STATE OF KERALA STATE OF KERALA AND ORS. REPRESENTED BY THE SECRETARY TO GOVERNMENT | could be gone into. It is pointed out that a dispute arising in connection with the election should be raised within one month from the date of election as per the Act. But we notice that the election to the Managing Committee of the bank was held subject to the result of the writ petitions only by virtue of the interi... | 1[ds]10. Article 243ZK of the Constitution of India, which provides for Election of Members to the Managing Committee of a Cooperative Society, reads as followsNotwithstanding anything contained in any law made by the Legislature of a State, the election of a board shall be conducted before the expiry of the term of th... | 1 | 2,764 | ### 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:
could be gone into. It is pointed out that a dispute arising in connection with the election should be raised within one month from the date of election... |
634 | The State Of Bihar Vs. D. N. Ganguly & Others | decision to which reference has been made in support of the appellants case is the decision of Bishan Narain, J., in Textile Workers Union Amritsar v. State of Punjab, AIR 1957 Punjab 255 (C). Bishan Narain, J., appears to have taken the view that the power to cancel an order of reference made under S. 10(1) can be imp... | 0[ds]8. Dr. Bannerjee for the appellant has urged before us that in dealing with the question about the powers of the appropriate government under Sec. 10 (1) of the Act, it would be necessary to bear in mind the facts which led to the cancellation of the first two notifications and the issue of the third impugned noti... | 0 | 7,414 | ### Instruction:
Analyze the legal arguments presented and estimate the likelihood of the court accepting (1) or rejecting (0) the petition.
### Input:
decision to which reference has been made in support of the appellants case is the decision of Bishan Narain, J., in Textile Workers Union Amritsar v. State of Punjab,... |
635 | State of Orissa Vs. M.A. Tulloch & Co. Ltd | they are not being mentioned. The Tribunal stated a case to the High Court and one of the questions referred to was "whether the assessing officer was not wrong in allowing deduction of Rs. 2,40,000/- for the quarter ending on 30-6-51 and Rs. 15,677/1/3 for the quarter ending on 30-9-51 from the respective gross turnov... | 0[ds]In our opinion, R. 27(2) must be reconciled with the Section and the rule can be reconciled by treating it as directory. But the rule must be substantially complied with in every case. It is for the Sales Tax Officer to be satisfied that, in fact, the certificate of registration of the buying dealer contains the r... | 0 | 1,522 | ### Instruction:
Interpret the case information and speculate on the court's decision: acceptance (1) or rejection (0) of the presented appeal.
### Input:
they are not being mentioned. The Tribunal stated a case to the High Court and one of the questions referred to was "whether the assessing officer was not wrong in ... |
636 | Thumati Venkaiah and Ors Vs. State of Andhra Pradesh | of ceiling on land situate within such area. No sooner such area is notified to be an urban agglomeration, the Central Act would apply in relation to land situate within such area, but until that happens the Andhra Pradesh Act would continue to be applicable to determine the ceiling on holding of land. It may be notice... | 0[ds]The effect of passing of resolutions be the Houses of Legislature of two or more States under this constitutional provision is that Parliament which has otherwise power to legislate with respect to a matter, except as provided in Articles 249 and 250, becomes entitled to legislate with respect to such matter and t... | 0 | 5,618 | ### Instruction:
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### Input:
of ceiling on land situate within such area. No sooner such area is notified to be an urban agglomeration, the Central Act would apply in relation to land situate within such area, b... |
637 | The State of Maharashtra and another Vs. Madhukar Antu Patil and another | TBP) considering his initial period of appointment of 1982 on completion of twelve years of service and thereafter he was also granted the benefit of second TBP on completion of twenty four years of service. Respondent No.1 retired from service on 31.05.2013. After his retirement, pension proposal was forwarded to the ... | 1[ds]3.1 At the outset, it is required to be noted and it is not in dispute that respondent no.1 was initially appointed on 11.05.1982 as a Technical Assistant on work charge basis. It is also not in dispute that thereafter he was absorbed in the year 1989 on the newly created post of Civil Engineering Assistant, which... | 1 | 1,267 | ### 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:
TBP) considering his initial period of appointment of 1982 on completion of twelve years of service and thereafter he was also granted the benef... |
638 | RATNAM SUDESH IYER Vs. JACKIE KAKUBHAI SHROFF | 1.5 million was kept in escrow to ensure that those proceedings came to an end, and on achieving the said objective the escrow amount had to be released to the respondent. 35. The second stage was of the sale of shares and the escrow amount of US$ 2 million was to be paid to the respondent when the shares were sold. It... | 0[ds]The admitted position is that the appellant is a party based in Singapore and thus, in terms of the aforesaid definition the arbitration although carried out a within the country, would be an international commercial arbitration. We may notice at this stage that it is nobodys case that the award in question is a f... | 0 | 6,685 | ### 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:
1.5 million was kept in escrow to ensure that those proceedings came to an end, and on achieving the said objective the escrow amount had to be release... |
639 | Reliance Industries Limited Vs. S.D. Rane | If the view taken in the present case by the learned Presiding Officer is not possible or probable at all and that is also demonstrated, then, this Courts interference under Article 226 of the Constitution of India is fully justified."7. He also relied on a decision of the same learned Single Judge in the case of Mahin... | 1[ds]The learned Single Judge refrained himself from examining the legality of the said Award Part I order relying on the judgment of the Apex Court in Cooper Engineering Ltd. (supra). It appears that the judgments of learned Single Judge in Indian Hotels Co. (supra) and Mahindra and Mahindra (supra) were not placed be... | 1 | 2,128 | ### 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:
If the view taken in the present case by the learned Presiding Officer is not possible or probable at all and that is also demonstrated, then, t... |
640 | Competition Commission of India Vs. M/s. Fast Way Transmission Pvt. Ltd. & Others | therewith contained in any other law for the time being in force."7. The Preamble of the Act, read with the aforesaid provisions, would show that the Commission set up by the Competition Act certainly has a positive role to play. A perusal of Sections18 and 19 would show that it is a positive duty of the Commission to ... | 1[ds]7. The Preamble of the Act, read with the aforesaid provisions, would show that the Commission set up by the Competition Act certainly has a positive role to play. A perusal of Sections18 and 19 would show that it is a positive duty of the Commission to eliminate all practices which have an adverse effect on compe... | 1 | 5,098 | ### 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:
therewith contained in any other law for the time being in force."7. The Preamble of the Act, read with the aforesaid provisions, would show that the C... |
641 | Oriental Investment Company Limited Vs. Commissioner of Income Tax, Bombay | fact and that a finding of fact without evidence to support it or if based on relevant and irrelevant matters is not unassailable.30. The limits of the boundary dividing questions of law were laid done by this Court in Meenakshi Mills Ltd., v. Commissioners of Income Tax, Madras, 1956 S C R 691 : ((S) A I R 1957 S C 49... | 1[ds]25. A review of these authorities shows that though the English decisions began with a broad definition of what are questions of law, ultimately the House of Lords decided that a "matter of degree" is a question of fact and it has also been decided that a finding by the Commissioners of a fact under a misapprehens... | 1 | 5,680 | ### 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:
fact and that a finding of fact without evidence to support it or if based on relevant and irrelevant matters is not unassailable.30. The limits... |
642 | GURMEET PAL SINGH Vs. STATE OF PUNJAB | absorption of the Judges from the Fast Track court. The moot point, however, remains whether one of the vacancies in the advertisement, which arose ought to have been utilized for absorption of these Fast Track court Judges, which, in turn, affected the senior- most, i.e., Gurmeet Pal Singh. In a way, Gurmeet Pal Singh... | 0[ds]7. The elevation of Justice Sabina on 12.03.2008 is a matter of fact. It is not also in dispute that the advertisement was issued prior to such elevation on 02.02.2008 and the advertisement noted the possibility of the number of posts being subject to variation. However, in our view, this would not mandate the inc... | 0 | 3,312 | ### 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:
absorption of the Judges from the Fast Track court. The moot point, however, remains whether one of the vacancies in the advertisement, which arose ought to ha... |
643 | Nepc Micon Ltd. Vs. Magma Leasing Ltd | of all the Judges is always to make such construction as shall suppress the mischief, and advance the remedy, and to suppress subtle inventions and evasions for continuance of the mischief, and pro private commode, and to add force and life to the cure and remedy, according to the true intent of the makers of the Act, ... | 0[ds]The Court observed that the object of bringing Section 138 on statute appears to be to inculcate faith in the efficacy of banking operations and to ensure credibility in transacting business through cheques. Thereafter, the Court disagreed with other views expressed in aforesaid two cases and held that once the ch... | 0 | 3,773 | ### 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 all the Judges is always to make such construction as shall suppress the mischief, and advance the remedy, and to suppress subtle in... |
644 | Mrs. Dossibai N. B. Jeejeebhoy Vs. Khemchand Gorumal And Others | say that it is being let for residence, just as they will say that the land has been let for residence if the lessee intends to use it as caravan site so that the people may live on the open land in caravans.9. In our opinion, the words "let for residence, education, business, trade or storage" are wide enough to inclu... | 0[ds]It is subject to a proviso that the State Government may direct that in any of the said areas, this Part shall cease to apply to premises let for any of the said purposes, with a further proviso that the State Government may against direct that in any of the said areas this Part shall re-apply to premises let for ... | 0 | 2,593 | ### Instruction:
Analyze the legal arguments presented and estimate the likelihood of the court accepting (1) or rejecting (0) the petition.
### Input:
say that it is being let for residence, just as they will say that the land has been let for residence if the lessee intends to use it as caravan site so that the peop... |
645 | Parveen Mehta Vs. Inderjit Mehta | case. If it is a case of accusations and allegations, regard must also be had to the context in which they were made. 19. Clause (ia) of sub-Section (1) of Section 13 of the Act is comprehensive enough to include cases of physical as also mental cruelty. It was formerly thought that actual physical harm or reasonable a... | 0[ds]n (1) of Section 13 of the Act is comprehensive enough to include cases of physical as also mental cruelty. It was formerly thought that actual physical harm or reasonable apprehension of it was the prime ingredient of this matrimonial offence. That doctrine is now repudiated and the modern view has been that ment... | 0 | 4,853 | ### 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:
case. If it is a case of accusations and allegations, regard must also be had to the context in which they were made. 19. Clause (ia) of sub-Sec... |
646 | Anil Hada Vs. Indian Acrylic Ltd | in a case. It is open to any one of the accused to adduce evidence to rebut the said presumption. In a prosecution where both the drawer company and its office-bearers are arrayed as accused, and if the drawer company does not choose to adduce any rebuttal evidence it is open to the other office bearers-accused to addu... | 0[ds]10. Normally an offence can be committed by human beings who are natural persons. Such offence can be tried according to the procedure established by law. But there are offences which could be attributed to juristic persons also. If the drawer of a cheque happens to be a juristic person like a body corporate it ca... | 0 | 3,152 | ### Instruction:
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### Input:
in a case. It is open to any one of the accused to adduce evidence to rebut the said presumption. In a prosecution where both the drawer company and its office-bearers are arrayed as... |
647 | M/S. Peirce Leslie & Co., Ltd., Kozhikode Vs. Their Workmen | the fact that not these staff members alone but 11,247 other workmen as well have contributed to the emergence of this surplus.The appellants argument was that staff members who have raised this dispute should not be allowed to steal an advantage over the numerous other workers of the company and that just as results o... | 1[ds]3. If therefore there was reason to think that the appellant companys contention that its business was attended with ususual risks was correct there would have been good reason to allow a higher rate than 6 per cent on the paid up capital and also a higher rate than 4 per cent on the reserves used a working capita... | 1 | 4,662 | ### Instruction:
Given the specifics of the case proceeding, anticipate the court's ruling: will it favor (1) or oppose (0) the appellant’s request?
### Input:
the fact that not these staff members alone but 11,247 other workmen as well have contributed to the emergence of this surplus.The appellants argument was that... |
648 | Commissioner of Income Tax, Bihar & Orissa Vs. S.P. Jain | Bank in which were credited sum of about Rs. 38 lakhs got by the sale of those shares. Practically all these amounts were said to have been realised by the Rana by issuing bearer cheques in favour of a peon of Ashoka Marketing Co. who had been casually introduced to him. The Rana could not have been too big to go to th... | 1[ds]17. In this case the revenue had in its application under Section 66 of the Act asked for specific reference on the question:"Whether on the facts and in the circumstances of the case the finding of the Tribunal that a sum of Rs. 10,80,000/- paid for the purpose of the shares was not assessees own income was a per... | 1 | 12,060 | ### Instruction:
Review the case details and predict the decision: will the court accept (1) or deny (0) the appeal/petition?
### Input:
Bank in which were credited sum of about Rs. 38 lakhs got by the sale of those shares. Practically all these amounts were said to have been realised by the Rana by issuing bearer che... |
649 | Chinnamarkathian Alias Muthu Gounder and Another Vs. Ayyavoo Alias Periana Gounder and Others | this appeal. These orders turn out, often enough to be expedient. Such procedural orders, though peremptory (conditional decrees apart) are, in essence, in terrorem, so that dilatory litigants might put themselves in order and avoid delay. T hey do not, however, completely, estop a court from taking note of events and ... | 1[ds]It was a beneficient legislation for granting security or tenure to cultivating tenants of agricultural lands. It is a well-settled canon of construction that in construing the provisions of such enactments the court should adopt that construction which advances, fulfils and furthers the object of the Act rather t... | 1 | 4,869 | ### 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:
this appeal. These orders turn out, often enough to be expedient. Such procedural orders, though peremptory (conditional decrees apart) are, in ... |
650 | P.D. Lakhani Vs. State Of Punjab | In any event, the Managing Director of Lakhani being not concerned with the lodging of the earlier complaint, the complaint in question was not maintainable against him. 9. Mr. Gupta, learned counsel appearing on behalf of the respondent, on the other hand, urged as the matter is pending before the Trial Judge, this Co... | 1[ds]12. The Station House Officer would have jurisdiction to investigate into the matter provided a first information report was lodged by him in terms of the complaint made by the appellant No.2. Whatever action was taken in the matter was pursuant to the order of the Senior Superintendent of Police Jalandhar. The Hi... | 1 | 2,218 | ### 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:
In any event, the Managing Director of Lakhani being not concerned with the lodging of the earlier complaint, the complaint in question was not ... |
651 | Kewal Krishan Vs. State Of Punjab | the reasonableness of the belief of the Customs Officer that the goods were smuggled goods. The question now sought to be raised was not agitated in any of the Courts below. 3. The appellant on February 11, 1958, when he was sitting in a third class compartment of the Amritsar Kalka train standing on Platform No. 5 of ... | 0[ds]There is nothing to indicate in their cross-examination that the officers did not have a reasonable belief that the goods were smuggled goods and the question that the officers did not have reasonable belief is not suggested either from the cross-examination of these witnesses or from the findings of the Courts be... | 0 | 1,244 | ### 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:
the reasonableness of the belief of the Customs Officer that the goods were smuggled goods. The question now sought to be raised was not agitate... |
652 | Cipla Limited Vs. Union of India | Supreme Court is pending final disposal. Shri Korde, learned counsel appearing on behalf of the petitioners, submitted that in the present case, even accepting the validity of the explanation, the department is in error assuming that the benefit of exemption notification is not available to the company in view of the e... | 1[ds]It is not in dispute that the petitioner company in pursuance of encouragement given by the Central Government has started a joint venture in Malaysia with a total investment of Rs.. The joint venture or collaboration was with the company registered in Malaysia known as Barket Pharma Sandirian Gerhad. The petition... | 1 | 1,696 | ### Instruction:
Using the case data, forecast whether the court is likely to side with (1) or against (0) the appellant/petitioner.
### Input:
Supreme Court is pending final disposal. Shri Korde, learned counsel appearing on behalf of the petitioners, submitted that in the present case, even accepting the validity of... |
653 | Sri Sivalaya Advances and Ors Vs. Tax Recovery Officer - 2, Income Tax Offices, Madurai | the petitioners is formidable, on a closer scrutiny, the legal position is totally otherwise. As per Rule 11(3) of the second schedule, the objector or claimant must adduce evidence to show that in the case of immovable property on the date of the service of the notice issued under this schedule to pay arrears, he had ... | 1[ds]7. This Court carefully considered the rival contentions. Two facts are not in dispute. The vendor of the writ petitioners herein is a defaulter-assessee and that he alienated the subject properties only after receipt of notice under Rule 2 of the Second Schedule to the Income Tax Act. Secondly, the orders of atta... | 1 | 4,239 | ### Instruction:
From the information provided in the case proceeding, infer whether the court's decision will be positive (1) or negative (0) for the appellant.
### Input:
the petitioners is formidable, on a closer scrutiny, the legal position is totally otherwise. As per Rule 11(3) of the second schedule, the object... |
654 | Collector of Bombay Vs. Burjor Hormusji Poonegar & Another | inasmuch the Collector had demanded the payment of assessment with retrospective effect. In our opinion, such a contention could not possibly be raised at all, because fixing and levying assessment is one thing and recovery of assessment is another. In the present case, the notices issued by the Collector to the respon... | 1[ds]45. It may be observed that some of the issues which were raised by the learned Revenue Judge in this case were almost identical with those raised and decided by the Supreme Court in Mistris Case, ((S) AIR 1955 SC 298 ). It was accordingly held by the learned Revenue Judge in this case, in our opinion quite right... | 1 | 30,721 | ### 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:
inasmuch the Collector had demanded the payment of assessment with retrospective effect. In our opinion, such a contention could not possibly be raised at all,... |
655 | RAM PAL SINGH Vs. THE STATE OF UTTAR PRADESH | Kshettra Panchayat and if their votes are disregarded, the No Confidence Motion would fail. The Allahabad High Court rejected the contention following the decisions mentioned above. 32. Learned counsel for the petitioner sought to make a distinction between the performance of legislative functions and non-legislative f... | 0[ds]10. In view of this serious factual controversy, we are of opinion that it would be appropriate to rely on the counter affidavit filed by the State. It is stated in the counter affidavit that in a communication of 12th January, 2018 issued by the office of the Block Development Officer, it is stated that all 63 me... | 0 | 5,046 | ### Instruction:
Using the case data, forecast whether the court is likely to side with (1) or against (0) the appellant/petitioner.
### Input:
Kshettra Panchayat and if their votes are disregarded, the No Confidence Motion would fail. The Allahabad High Court rejected the contention following the decisions mentioned ... |
656 | K. R. Chinna Krishna Chettiar Vs. Sri Ambal & Co., Madras & Anr | Ambal" form part of trade mark No. 126808 and are the whole of trade mark No.146291. There can be no doubt that the word "Ambal" is an essential feature of the trade marks. The common "Sri" is the subsidiary part. Of the two words "Ambal" is the more distinctive and fixes itself in the recollection of an average buyer ... | 0[ds]7. The Registrar was of the view that the appellants mark was not deceptively similar to the respondents trade marks. He has expert knowledge of such matters and his decision should not be lightly disturbed. But both the Courts have found that he was clearly wrong and held that there is a deceptive similarity betw... | 0 | 2,117 | ### Instruction:
Analyze the case proceeding and predict whether the appeal/petition will be accepted (1) or rejected (0).
### Input:
Ambal" form part of trade mark No. 126808 and are the whole of trade mark No.146291. There can be no doubt that the word "Ambal" is an essential feature of the trade marks. The common "... |
657 | State Of Kerala Vs. P. P. Hassan Koya | S. 11 of the Land Acquisition Act, the Collector is required to enquire into the objections raised by the persons interested in the land and into the value of the lard at the date of the publication of the notification under S. 4, sub-s. (1), and into the respective interests of the persons claiming the compensation, a... | 0[ds]In our judgment, there is no force in either of the contentions. When land - which expression includes by S. 3 (a) of the Act benefits to arise out of land and things attached to the earth or fastened to anything attached to the earth - is notified for acquisition, it is notified as a single unit whatever may be t... | 0 | 1,744 | ### 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:
S. 11 of the Land Acquisition Act, the Collector is required to enquire into the objections raised by the persons interested in the land and into the value of... |
658 | Indowind Energy Ltd Vs. Wescare (I) Ltd. & Another | facie a party to the arbitration agreement and that a party is prima facie bound by it. It is not as if the Chief Justice or his Designate will subsequently be passing any other final decision as to who are the parties to the arbitration agreement. Once a decision is rendered by the Chief Justice or his Designate under... | 1[ds]The examination cannot extend to examining the agreement to ascertain the rights and obligations regarding performance of such contract between the parties. This Court in SBP & Co. v. Patel Engineering Limited [2005 (8) SCC 618 ] and in National Insurance Co. Ltd. v. Boghara Polyfab Pvt. Ltd. [2009 (1) SCC 267 ] h... | 1 | 7,235 | ### 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:
facie a party to the arbitration agreement and that a party is prima facie bound by it. It is not as if the Chief Justice or his Designate will subsequ... |
659 | D.C.M. Chemical Works Vs. Its Workmen | went wrong In not giving due weight to the historical reasons for the rates prevailing In the power-house. Further we are of opinion that the Increase is not sustainable on its own merits on the ground of the financial capacity of the concern, which the tribunal Itself found was not sound, as the concern had been runni... | 1[ds]. There is, however, in our opinion, a very cogent reply to these features pointed out on behalf of the respondents, and that is, that the company is a single limited concern owning and controlling various industrial units of different kinds under it and therefore under the company law as the company is one legal ... | 1 | 8,243 | ### Instruction:
Delve into the case proceeding and predict the outcome: is the judgment expected to be in support (1) or in denial (0) of the appeal?
### Input:
went wrong In not giving due weight to the historical reasons for the rates prevailing In the power-house. Further we are of opinion that the Increase is not... |
660 | Mohd. Ibrahim Khan Others Vs. State of Madhya Pradesh and Others | cinema licence akin to quasi-permanent cinema licence has been received and that any one who desires that no-objection certificate should not he given may file his objections. After considering those objections no-objection certificate was granted by order dated 10th February G. 1976. No exception appears to have been ... | 0[ds]If after taking into consideration the objections. acertificate is granted, there ends the matter subject, of course, to any properly constituted legal proceedings, conceivably a writ petitions. (3 ) of s. 5 of the Act is unambiguous when it provides for an appeal only at the instance of a person aggrieved by the ... | 0 | 3,477 | ### 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:
cinema licence akin to quasi-permanent cinema licence has been received and that any one who desires that no-objection certificate should not he g... |
661 | RADHAMMA Vs. H.N. MUDDUKRISHNA | Court that the finding which has been recorded in reference to execution of the Will of the testator Exhibit-D2 dated 16.6.1962 appears to be suspicious for the reasons that the testator Patel Hanume Gowda died on 6.2.1965 and the registered Will Exhibit-D2 dated 16.6.1962 has not seen the light of the day until filing... | 0[ds]4. None appeared for the respondents despite service.5. We have heard the Counsel for the appellants and with his assistance perused the record and we find no error in the concurrent finding of fact as recorded by the learned trial Court and affirmed by the High Court holding the properties schedule ‘A? to ‘E? bel... | 0 | 1,480 | ### Instruction:
Interpret the case information and speculate on the court's decision: acceptance (1) or rejection (0) of the presented appeal.
### Input:
Court that the finding which has been recorded in reference to execution of the Will of the testator Exhibit-D2 dated 16.6.1962 appears to be suspicious for the rea... |
662 | Commissioner of Agricultural Income Tax, Hyderabad Vs. Rajan Ratan Gopal | is more comprehensive than the word "individual". But the meaning given to that expression as a unit of assessment under the Indian Income-tax Act by the court will equally apply to the expression "association of individuals" under the Hyderabad Agricultural Income-tax Act. This court in Commissioner of Income-tax v. I... | 0[ds]A combined reading of these two provisions indicates that assessment can be made on an individual or an6. In the present case, the said test is not satisfied. The four nephews of Raja Khaja Pershad succeeded to the estate asand each one of them was entitled to 1/4 share of the income from the estate. They did not ... | 0 | 2,340 | ### Instruction:
Analyze the legal arguments presented and estimate the likelihood of the court accepting (1) or rejecting (0) the petition.
### Input:
is more comprehensive than the word "individual". But the meaning given to that expression as a unit of assessment under the Indian Income-tax Act by the court will eq... |
663 | Ananda Poojary Vs. State Of Karnataka | the literate Constable PW. 7 who has not been declared hostile has supported the defence version. The place and the maner in which the bribe is said to have been offered and received make the prosecution story totally opposed to ordinary human conduct – a feature which the two Courts have overlooked. We are of the opin... | 1[ds]There is one more very crucial and critical circumstance which needs to be highlighted at this stage. Death took place on 1st March, 2006; UBR was registered only on 4th March, 2006 and postmortem conducted on 5th March, 2006. On that basis, FIR was registered on 7th March, 2006 wherein it was stated that the murd... | 1 | 7,351 | ### Instruction:
Given the specifics of the case proceeding, anticipate the court's ruling: will it favor (1) or oppose (0) the appellant’s request?
### Input:
the literate Constable PW. 7 who has not been declared hostile has supported the defence version. The place and the maner in which the bribe is said to have be... |
664 | M.K. Brothers Ltd Vs. Commissioner of Income Tax, Kanpur | deciding this matter against the appellant. There is, in our opinion, no force in this contention and we agree with Mr. Ram Chandran, learned counsel for the respondent, that the judgment of the High Court should be upheld. It would appear from the resume of facts given above that in March 1955 an amount of Rs. 8,39,35... | 0[ds]4. In appeal Mr. Maheshwari on behalf of the appellant has argued that the amount of Rs. 43,333 was a permissible deduction and the High Court was in error in deciding this matter against the appellant.There is, in our opinion, no force in this contention and we agree with Mr. Ram Chandran, learned counsel for the... | 0 | 2,394 | ### 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:
deciding this matter against the appellant. There is, in our opinion, no force in this contention and we agree with Mr. Ram Chandran, learned coun... |
665 | COMMISSIONER OF CENTRAL EXCISE, ALLAHABAD Vs. M/S J.R. ORGANICS LTD | 1. Delay condoned. Appeal admitted.2. This appeal takes exception to the final Order No. 71005 of 2018 dated 20.02.2019 in appeal NO. E/1686/2008-EX (DB) passed by the CESTAT, Regional Bench, Allahabad, whereby the show cause notice issued by the Central Excise Commissionerate dated 08.11.2017 came to be quashed on the... | 1[ds]3. We have heard counsel for the parties. In our opinion, the show cause notice opens with the statement which adverts to breach of cost accounting standards in the following words:?Whereas M/s. J.R. Organics Ltd. Captainganj distillery, Captaingaj have contravened the provisions of Section 4 of the Central Excise... | 1 | 403 | ### Instruction:
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### Input:
1. Delay condoned. Appeal admitted.2. This appeal takes exception to the final Order No. 71005 of 2018 dated 20.02.2019 in appeal NO. E/1686/2008-EX (DB) passe... |
666 | THE VICE CHAIRMAN DELHI DEVELOPMENT AUTHORITY Vs. NARENDER KUMAR & ORS | benefit already available to the employee under the existing rule is arbitrary, discriminatory and violative of the rights guaranteed under Articles 14 and 16 of the Constitution. We are unable to hold that these decisions are not in consonance with the decisions in Roshan Lal Tandon [ (1968) 1 SCR 185 ] B.S. Vedera [ ... | 1[ds]In that decision, the question which arose for consideration was the correct date from which the MACP up- gradation scheme, was applicable to employees (below the rank of officer). This court held that the scheme had to be applied from 01.01.2006, and not the date designated by the concerned order (01.09.2008). Th... | 1 | 7,409 | ### Instruction:
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### Input:
benefit already available to the employee under the existing rule is arbitrary, discriminatory and violative of the rights guaranteed under Arti... |
667 | Hero Cycles (P) Ltd Vs. Commissioner of Income Tax (Central), Ludhiana | 6. The Department/ Revenue challenged the order of the CIT(Appeal) before the Income Tax Appellate Tribunal (hereinafter referred to as ITAT). The ITAT upheld the aforesaid view of the CIT(Appeal) and thus, dismissed the appeal preferred by the Revenue. Further appeal of the Revenue before the High Court filed under Se... | 1[ds]We may note here that the assessee had claimed deduction of interest in the sum of Rs.20,53,120/-. The Assessing Officer, after recording the aforesaid reasons, did not allow the deduction of the entire amount and re-calculated the figures, thereby disallowed the aforesaid claim to the extent of Rs.16,39,010/-Inso... | 1 | 2,075 | ### Instruction:
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6. The Department/ Revenue challenged the order of the CIT(Appeal) before the Income Tax Appellate Tribunal (hereinafter referred to as ITAT). The ITAT upheld the afor... |
668 | Devinder Singh Vs. State Of Punjab | view that enquiry by Rule 4 must precede the issuance of notification under Section 4(1) of the Act. Furthermore as indicated before certain matters which are required to be done under Rule 4 can not be done because the officer or the person authorised by him would have no authority unless notification under Section 4 ... | 1[ds]The approach of the High Court in this behalf, in our opinion, is totally erroneous. A provision of a statute is either mandatory or directory. Even if a provision is directory, the same should be substantially complied with. It cannot be ignored in its entirety only because the provision is held to be directory a... | 1 | 9,004 | ### Instruction:
Using the case data, forecast whether the court is likely to side with (1) or against (0) the appellant/petitioner.
### Input:
view that enquiry by Rule 4 must precede the issuance of notification under Section 4(1) of the Act. Furthermore as indicated before certain matters which are required to be d... |
669 | Madhya Pradesh Industries Ltd Vs. The Income-Tax Officer, Nagpur | an assessee to disclose fully and truly all material facts necessary for his assessment for that year. Both these conditions are conditions precedent to be satisfied before the Income-tax Officer could have jurisdiction to issue a notice for the assessment or re-assessment beyond the period of four years but within the... | 1[ds]15.In the cases, the company in its writ petitions had repudiated the assertion of the Income-tax Officer that he had reason to believe that due to the omission or failure on the part of the company to give material facts, some income had escaped assessment. Under those circumstances one would have expected the of... | 1 | 3,403 | ### 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:
an assessee to disclose fully and truly all material facts necessary for his assessment for that year. Both these conditions are conditions precedent to be sa... |
670 | NATIONAL INSTITUTE OF TECHNOLOGY & ANOTHER Vs. OM PRAKASH RAHI & OTHERS | followed, neither selection committee was constituted nor their suitability was adjudged and also there is no approval of the Board of Governors which is the requirement of law under the Act 2007. 24. The Director who is not even the authority competent under the provisions of the Act, 2007 straightaway, on its own dis... | 1[ds]21. It will be relevant to note that eligibility has been prescribed under the relevant directives issued by MHRD dated 18th August, 2009 followed by 14th March, 2012 with a clear stipulation that financial upgradation in terms of 6th Central Pay Commission shall be extended co--terminus to the teacher, after goin... | 1 | 6,190 | ### Instruction:
Using the case data, forecast whether the court is likely to side with (1) or against (0) the appellant/petitioner.
### Input:
followed, neither selection committee was constituted nor their suitability was adjudged and also there is no approval of the Board of Governors which is the requirement of la... |
671 | Hindustan Lever Ltd., Bombay Vs. The Monopolies & Restrictive Trade Practices | of reason applicable to a case like the one before us may be simply stated as follows : Firstly, the meaning of the impugned clause or clauses in an agreement said to offend the law must be determined according to law; secondly, the possible effects of such a clause upon competition in the trade to be regulated must be... | 0[ds]We do not think that we can isolate the terms of a contract from the actual practice of the company. It is not the case of the company anywhere that the clauses in its agreement with its stockists are to be treated as dead-letter. Its case is that they do not operate as restrictions. The introduction of such claus... | 0 | 7,492 | ### 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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of reason applicable to a case like the one before us may be simply stated as follows : Firstly, the meaning of the impugned clause or clauses i... |
672 | M/s. CRRC Corporation Ltd Vs. Metro Link Express for Gandhinagar & Ahmedabad (Mega) Company Ltd | owned subsidiaries as a composite unit, so much so that the experience of any one of its constituent 100% wholly owned subsidiaries would be construable as its experience. It was proclaimed that the petitioner (respondent no.2 therein) was a Government Company and the owner of its subsidiary companies and that the conc... | 1[ds]34. A plain reading of clause 4.1 reveals that a bidder can be a single entity or a combination of such entities in the form of a J.V. or a Consortium under an existing agreement or with the intent to enter into such an agreement supported by a letter of intent. Thus a single entity has been construed to be a vali... | 1 | 9,260 | ### Instruction:
Using the case data, forecast whether the court is likely to side with (1) or against (0) the appellant/petitioner.
### Input:
owned subsidiaries as a composite unit, so much so that the experience of any one of its constituent 100% wholly owned subsidiaries would be construable as its experience. It ... |
673 | Rishi Pal and Company Vs. State of Himachal Pradesh and Others | bid. He deposited 5 per cent thereof immediately and another 8.5 per cent within the stipulated 10 days. On 28-3-1994 his bid was rejected 3. At the same auction held on 16-3-1994 no bid was received for the Shimla-I and Shimla-II units. The Deputy Commissioner wrote on 20-3-1994 to the Excise and Taxation Commissioner... | 1[ds]We have already indicated what had transpired from4 onwards. All those who had participated in the auction on that date had been given notice of the negotiations that were proposed for. It is true that those negotiations were originally proposed forI andI units but it became clear during the proceedings that the r... | 1 | 1,158 | ### 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:
bid. He deposited 5 per cent thereof immediately and another 8.5 per cent within the stipulated 10 days. On 28-3-1994 his bid was rejec... |
674 | Ramnandan Prasad Narayan Singh & Another Vs. Mahanth Kapildeo Ram Jee & Others | 7 was the right one. The F. C. was not dealing with any question of interpretation at all. It is impossible to see where the doctrine of constructiveres judicata comes in, so as to be of help to the applts.7. The second question raised on their behalf relates to the true meaning of S. 7, Bihar Money-lenders (Regulation... | 0[ds]6. The first point is entirely without substance. When the decree-holder contended that S. 11, Bihar Money-lenders Act, 1938 was declared void and ultra vires and that there fore S. 7 of the new Act which corresponded to S. 11 was also inapplicable, the judgment-debtors pleaded that they were entitled to the benef... | 0 | 2,429 | ### 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:
7 was the right one. The F. C. was not dealing with any question of interpretation at all. It is impossible to see where the doctrine of constru... |
675 | Municipal Corporation, Indore Vs. Shri K.N. Palshikar, Indore | part or some portion of the part projecting beyond the regular line or beyond the front of the immediate adjoining building, shall be removed, or that such building when being rebuilt shall be set back to or towards the said line or front; and the portion of land added to the street by such setting back or removal shal... | 0[ds]13. The learned counsel for the applicant, Palsikar, made a statement before us that he was willing to deposit Rs. 6,000 in the District Court within four months in respect of the area which is in possession of the tenants and that he will be entitled to withdraw this amount once the possession is given to the Cor... | 0 | 2,747 | ### Instruction:
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### Input:
part or some portion of the part projecting beyond the regular line or beyond the front of the immediate adjoining building, shall be removed, or that such building wh... |
676 | Shukla Manseta Industries Pvt. Ltd Vs. The Workmen Employed Under It | letter dated June 26, 1961 and if so, the award would have expired on August 26, 1961. Since, however, the settlement disposing of common points of dispute was terminated by a letter dated August 14, 1961 and thereby the settlement stood terminated only on October 14, 1961, the termination of the award by a letter date... | 0[ds]Under the provisions of section 19(2) it is clear that a settlement shall be binding for such period as is agreed upon by the parties and if there is no period mentioned in the agreement, for a period of six months from the date on which the settlement is signed by the parties. With regard to the period of operati... | 0 | 3,169 | ### 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:
letter dated June 26, 1961 and if so, the award would have expired on August 26, 1961. Since, however, the settlement disposing of common points of dis... |
677 | Sita Ram Sharma & Others Vs. State of Rajasthan & Others | 1950 is made by Parliament under Item 43 of List I. Section 19(2)(c) enables the Road Transport Corporation, "to prepare schemes for the acquisition of, and to acquire, either by agreement of compulsorily in accordance with law of acquisition for the time being in force in the State concerned and with such procedure as... | 0[ds]11. The Road Transport Corporation Act, 1950 is made by Parliament under Item 43 of List I. Section 19(2)(c) enables the Road Transport Corporation, "to prepare schemes for the acquisition of, and to acquire, either by agreement of compulsorily in accordance with law of acquisition for the time being in force in t... | 0 | 1,880 | ### Instruction:
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### Input:
1950 is made by Parliament under Item 43 of List I. Section 19(2)(c) enables the Road Transport Corporation, "to prepare schemes for the acquisition of, and to acquire, either by agr... |
678 | Kunjukutty Sahib & Others Vs. State of Kerala & Others | Provided that where any person bona fide believes that the ownership or possession of any land owned or held by such person or, where such person is a member of a family, by the members of such family, is liable to be purchased by the cultivating tenant or kudikidappukaran or to be resumed by the landowner or the inter... | 0[ds]To reduce the indebtedness of the tenants appreciably is a reasonable restriction on the right of the creditors and the law thus providing for amelioration of indebtedness of tenants deserves to be upheld as constitutional. We grant that amelioration of indebtedness of tenants is a laudable and desirable object. B... | 0 | 5,571 | ### Instruction:
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Provided that where any person bona fide believes that the ownership or possession of any land owned or held by such person or, where such person is a member... |
679 | Vijay Vs. State of Maharashtra | aware of the principle that in a case which depends wholly upon circumstantial evidence, the circumstances must be of such a nature as to be capable of supporting the exclusive hypothesis that the accused is guilty of the crime of which he is charged. That is to say the circumstances relied upon as establishing the inv... | 1[ds]( 12 ) UNDISPUTEDLY the prosecution case basically hinges upon an important circumstance based on the theory of last seen together. It isthat in a case of circumstantial evidence where evidence of the accused and the deceased having been last seen together before the murder is relied upon and there is failure of t... | 1 | 3,105 | ### Instruction:
Using the case data, forecast whether the court is likely to side with (1) or against (0) the appellant/petitioner.
### Input:
aware of the principle that in a case which depends wholly upon circumstantial evidence, the circumstances must be of such a nature as to be capable of supporting the exclusiv... |
680 | Pheroze Kudianavala Consultants Private Limited Vs. Foreign Exchange Regulation Appellate Board | and the directors claiming that though the Company had right to receive foreign exchange, by non-action the recovery was delayed. The adjudicating authority merely observed that as the amount was due to the Company from various parties and the Company was unable to show what efforts were made to realise the same, the C... | 0[ds]It is not in dispute that the contract between the Company and the Governing board of the Indian School for construction of School is not by a written document but is to be gathered from the correspondence. The first letter from Indian School, Behrain is dated April 13, 1977 and was addressed to the Chairman of th... | 0 | 7,484 | ### Instruction:
Using the case data, forecast whether the court is likely to side with (1) or against (0) the appellant/petitioner.
### Input:
and the directors claiming that though the Company had right to receive foreign exchange, by non-action the recovery was delayed. The adjudicating authority merely observed th... |
681 | Rashtriya Mill Mazdoor Sangh Vs. State of Maharashtra and Others | Central India Spinning, Weaving and Manufacturing Company Limited, with a view to securing the proper management of such undertaking so as to subserve the interest of the general public by ensuring the continued manufacture, production and distribution of textile and paper products which are essential to the needs of t... | 0[ds]7. In the first place, this argument is really based on Article 14 on the ground of difference in the procedure from that prescribed in the Bombay Industrial Relations Act, the general law which is not available because of Article. Secondly, it overlooks the effect of the legislation which is to save as many emplo... | 0 | 2,049 | ### Instruction:
Considering the arguments and evidence in case proceeding, predict the verdict: is it more likely to be in favor (1) or against (0) the appellant?
### Input:
Central India Spinning, Weaving and Manufacturing Company Limited, with a view to securing the proper management of such undertaking so as to su... |
682 | SHANTABEN Vs. NATIONAL POWER TRANSPORT | up the process of assessment of the amount of compensation. In this regard, the Tribunal found that the flour mill in question belonged to the father of the deceased and no documentary evidence (like income tax returns or books of accounts etc.) as regards income of the deceased was adduced to substantiate the claim as... | 1[ds]7. In a comprehension of the award made by the Tribunal as also the judgment passed by the High Court, we are constrained to observe that the process of assessment of compensation in the present case had been too uncertain, rather vague, and unreasonably restrictive; and the amount as awarded to the appellants can... | 1 | 1,557 | ### Instruction:
Analyze the case proceeding and predict whether the appeal/petition will be accepted (1) or rejected (0).
### Input:
up the process of assessment of the amount of compensation. In this regard, the Tribunal found that the flour mill in question belonged to the father of the deceased and no documentary ... |
683 | Jagdev Daulata Mahadik & Others Vs. Govindrao Balwantrao Through Lrs. & Others | others, as the special leave petition was dismissed because it was filed by a dead person, the joint decree against him had also become absolute. As that decree is a joint decree, any relief that would be given in the appeal would be inconsistent with the decree which had already become final and consequently both the ... | 0[ds]10. The learned Advocate for the appellants had drawn our attention to the pleas raised by the defendants in the two suits : firstly, that the plaintiffs suit was barred by res jidicata; secondly, by estoppel; thirdly by limitation and fourthly by virtue of Section 41 of the Transfer of Property Act. In so far as ... | 0 | 2,705 | ### Instruction:
Analyze the legal arguments presented and estimate the likelihood of the court accepting (1) or rejecting (0) the petition.
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others, as the special leave petition was dismissed because it was filed by a dead person, the joint decree against him had also become absolute. As that decree is a j... |
684 | The State of Karnataka by its Chief Secretary Vs. State of Tamil Nadu by its Chief Secretary & Others | be segregated having an extricable composition and integrated whole for the purposes of the requirements of its inhabitants, more particularly when the same relates to allocation of water for domestic purposes to meet their daily errands. It will be inconceivable to have an artificial boundary and deny the population t... | 1[ds]84. It is absolutely manifest that the ruling in Madhav Rao Scindia (supra) states that after coming into force of the 1947 Act, the paramountcy lapsed and after the integration of the States with the Indian Union, the shadow of paramountcy faded and theia became the full sovereign authority. After the Constitutio... | 1 | 106,896 | ### 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:
be segregated having an extricable composition and integrated whole for the purposes of the requirements of its inhabitants, more particularly when the... |
685 | Great Offshore Ltd Vs. Iranian Offshore Engineering & Construction Company | parties stamp the agreement. It would be incorrect to disturb the Parliaments intention when it is so clearly stated and when it in no way conflicts with the Constitution.66. Third, nothing in Section 7 suggests that the parties must sign every page. Once again, if I take the respondents argument to its logical conclus... | 1[ds]57. There is no evidence to suggest that the faxed CPA was forged. To the contrary, the evidence we do have is the faxed CPA bearing the parties signatures coupled with correspondence between the parties. The correspondence, as it is more than just a pleading, adds additional weight to the applicants story. The ap... | 1 | 7,895 | ### 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:
parties stamp the agreement. It would be incorrect to disturb the Parliaments intention when it is so clearly stated and when it in no way conflic... |
686 | Sheodhari Rai & Others Vs. Suraj Prasad Singh & Others | and 2 came into possession of the shares of Gobind Rai and Kari Rai as their nearest reversioner and that Bator Rai (defendant 4 ) or Singhasan Rai (defendant 5) had no connection or concern with those shares. They further pleaded in para.19 of the written statement that the lands of Bator Rai (defendant 4) and Singhas... | 0[ds]The High Court pointed out, quite correctly we think, that it was not right for the trial Court to make out a new case for the defendants first party with respect to the shares of Gobind Rai and Kari Rai, which was not only not made in their written statement but was wholly inconsistent with the title set up by th... | 0 | 1,457 | ### Instruction:
Using the case data, forecast whether the court is likely to side with (1) or against (0) the appellant/petitioner.
### Input:
and 2 came into possession of the shares of Gobind Rai and Kari Rai as their nearest reversioner and that Bator Rai (defendant 4 ) or Singhasan Rai (defendant 5) had no connec... |
687 | Rai Bahadur Mohan Singh Oberoi Vs. Commissioner of Income Tax, West Bengal | been admitted by the assessee in the past before the department that the shares in question standing in the name of the wife and two sons of the assessee belonged to him and were his own investments. Although it is normally for the department to show that the apparent is not the real, in the present case we find that t... | 0[ds]8. The decision in Howrah Trading Co. (1959) 36 ITR 215 = (AIR 1959 SC 775 ) (supra) was considered by a larger bench of this Court in Kishanchand Lunidasing Bajaj v. Commissioner of Income Tax (1966) 60 ITR 500 = (AIR 1966 SC 1583 ). It was held in that case that a company for its purpose does not recognise... | 0 | 2,486 | ### 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:
been admitted by the assessee in the past before the department that the shares in question standing in the name of the wife and two sons of the... |
688 | Vasudev Dhanjibhai Modi Vs. Rajabhai Abdul Rehman & Ors | the decree of the High Court confirming the decree of the District Court was without jurisdiction. The Court executing the decree rejected the contention. An appeal against that order to a Bench of the Court of Small Causes was also unsuccessful. 3. But in a petition under Art. 227 of the Constitution moved by Munshi t... | 1[ds]8. In the present case the question whether the Court of Small Causes had jurisdiction to entertain the suit against Munshidepended upon the interpretation of the terms of the agreement of lease, and the user to which the land was put at the date of the grant of the lease. These questions cannot be permitted to be... | 1 | 1,371 | ### Instruction:
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### Input:
the decree of the High Court confirming the decree of the District Court was without jurisdiction. The Court executing the decree rejected the contention. An appeal against that orde... |
689 | Sir Chunilal V. Mehta And Sons, Ltd Vs. The Century Spinning And Manufacturing Co., Ltd | damages they must be deemed to exclude the right to claim an unascertained sum of money as damages. The contention of learned counsel is that the words "not less than" appearing before "Rs, 6,000" in cl. 14 clearly bring in cl. 10 and, therefore, entitle the, appellant to claim 10% of the estimated profits for the unex... | 0[ds]For, Art. 133(1) provides that where the judgment, decree or final order appealed, from affirms the decision of the court immediately below in any case other than a case referred to in sub-cl. (c) an appeal shall be to this Court if the High Court certifies that the appeal involves some substantial question of law... | 0 | 4,883 | ### Instruction:
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damages they must be deemed to exclude the right to claim an unascertained sum of money as damages. The contention of learned counsel is that the words "not ... |
690 | Raja Niranjan Singh and Another Vs. State of Uttar Pradesh and Others | admeasuring over 6000 acres therefrom for the purpose of preservation of existing tree growth, afforestation and control of erosion by means of regulation of grazing. By an award dated September 6, 1945 the Land Acquisition Officer awarded Rs. 20, 145-7-0 as compensation for the acquisition of the lands to the appellan... | 0[ds]6. It is unnecessary in view of this factual position to consider the legal submission of thecounsel that the land and the trees should have been valued separately by reason of the provisions of the Land Acquisition Act cited by him. Were it necessary to consider this contention we would have preferred to hold tha... | 0 | 1,157 | ### 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:
admeasuring over 6000 acres therefrom for the purpose of preservation of existing tree growth, afforestation and control of erosion by means of regulation of g... |
691 | Hemraj Keshavji Vs. Shah Haridas Jethabhai | at the settlement regarding the commodity. The Managing Committee after hearing the seller and buyer may grant extension of time on receipt of an application to the Association from such buyer or seller, or the Association may determined and fix a reasonable rate after considering the rates as well as circumstances in ... | 0[ds]12. On a careful review of the rule we are of the view that under the rules and regulations of the Veraval Merchants Association pursuant to which the contracts are made, the contracts were not transferable. The contracts were undoubtedly for delivery of groundnut at a future date, but they were contracts for spec... | 0 | 4,950 | ### Instruction:
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### Input:
at the settlement regarding the commodity. The Managing Committee after hearing the seller and buyer may grant extension of time on receipt of an application... |
692 | D. Nagaraja Etc Vs. State of Karnataka and Others | other examination declared as equivalent thereto by the State Government if sufficient number of eligible persons are not available under (ia) ;(iii) persons who are regularly recruited as Panchayat Secretaries in accordance with the rules in force at the time of recruitment and working as Panchayat Secretaries who-(a)... | 0[ds]It is well settled that though Article 226 of the Constitution in terms does not describe the classes of persons entitled to apply thereunder, the existence of the right is implicit for the exercise of the extraordinary jurisdiction by the High Court under the said Article. It is also well established that a perso... | 0 | 2,474 | ### Instruction:
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other examination declared as equivalent thereto by the State Government if sufficient number of eligible persons are not available under (ia) ;(iii) persons who are r... |
693 | M/S. Dhampur Sugar (Kashipur) Ltd Vs. State Of Uttaranchal | the good governance of the State, the Court helps the good governance by constantly reminding Government and its officers that they should act within the four corners of the statute and not contravene any of the conditions laid down as a limitation upon, their undoubtedly wide powers. Therefore, even from a practical p... | 0[ds]Keeping in view statutory provisions, the policy decision taken by the respondent-authorities and interest of all parties including existing sugar factories, a decision has been taken by the respondent Nos. 1 to 3 granting licence in favour of respondent No.4. The said decision was confirmed by the State in exerci... | 0 | 14,010 | ### 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:
the good governance of the State, the Court helps the good governance by constantly reminding Government and its officers that they sho... |
694 | New Standard Engineering Company Limited, Bombay Vs. Collector of Customs, Bombay | 1. The appellants imported a precision jig boring machine with numerical control. They claimed the benefit of an Exemption Notification dated 1-3-1978, whereunder the following was exempted from customs duty in excess of 25% ad valorem, "Tool room precision optical coordinate jig boring machine, including numerical con... | 0[ds]4. The notification extends the exemption to a machine which is fitted with an optical device. It makes it clear that the exemption would be available even if such machine, fitted with the optical device, is also fitted with a numerical control. There is no absurdity in the notification. There is nothing which req... | 0 | 358 | ### Instruction:
From the information provided in the case proceeding, infer whether the court's decision will be positive (1) or negative (0) for the appellant.
### Input:
1. The appellants imported a precision jig boring machine with numerical control. They claimed the benefit of an Exemption Notification dated 1-3-... |
695 | Union of India Vs. Elphinstone Spinning & Weaving Co. Ltd | either on the materials on record or applying the rules of interpretation of a Statute. The said conclusion of the High Court as to the spirit behind the Statute, therefore, cannot be sustained. 19. Apart from answering the five points, formulated by us, we may also deal with some other ancillary points, which have bee... | 1[ds]During the pendency of these appeals this Court had passed some interim orders with regard to possession of certain land and other assets as well as with regard to cars and telephone connections. In view of our decision setting aside the impugned judgment of Bombay High Court and in view of Section 3(2) of the Act... | 1 | 15,507 | ### Instruction:
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either on the materials on record or applying the rules of interpretation of a Statute. The said conclusion of the High Court as to the spirit behind t... |
696 | Shrimati Hira Devi And Others Vs. District Board, Shahjahanpur | sanction is necessary" in S. 90 sub-s. 3, the High Court also brought to its aid the provisions of S. 16, U. P. General Clauses Act of 1904 which provides that"unless a different intention appears the authority having power to make the appointment shall also have power to suspend or dismiss any person appointed by it i... | 1[ds]4. We are afraid we cannot agree with this line of reasoning adopted by the High Court. The defendants were a board created by statute and were invested with powers which of necessity had to be found within the four corners of the statute itself.The powers of dismissal and suspension given to the Board are defined... | 1 | 3,455 | ### Instruction:
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sanction is necessary" in S. 90 sub-s. 3, the High Court also brought to its aid the provisions of S. 16, U. P. General Clauses Act of 1904 which provides that... |
697 | V. Lavanya Vs. The State Of Tamil Nadu | reserved category candidates. In Tej Prakash (supra) the alteration in procedure in effect led to elimination of selected candidates, still the Court refrained from finding fault with such an alteration, as it was done in public interest. In the present case, the relaxation afforded to the reserved category candidates ... | 0[ds]25. The idea behind laying down NCTE Guidelines for conducting TET was to bring about uniformity and certainty in the standards and quality of education being imparted to the students across the nation. However, at the same time the framers of the guidelines took note of the hugedisparity existing in the nation an... | 0 | 8,923 | ### 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:
reserved category candidates. In Tej Prakash (supra) the alteration in procedure in effect led to elimination of selected candidates, still the Court r... |
698 | Commissioner Of Income-Tax, Madhya Pradesh Vs. Dewas Cine Corporation | two partners.2. In proceedings for assessment for the year 1952-53 the respondent was treated as a registered firm. The Appellate Tribunal held that by restoring the two theatres to the two original owners "there was a transfer by the firm and the entries adjusting the depreciation and writing off the assets at the ori... | 0[ds]5. On dissolution of the partnership, each theatre must be deemed to be returned to the original owners, in satisfaction partially or wholly of his claim to a share in the residue of the assets after discharging the debts and other obligations. But thereby the theatres were not in law sold by the partnership to th... | 0 | 1,262 | ### 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:
two partners.2. In proceedings for assessment for the year 1952-53 the respondent was treated as a registered firm. The Appellate Tribunal held that by... |
699 | SURAJ PAL Vs. THE STATE OF HARYANA | BANUMATHI, J.(1) Leave granted.(2) The appellant has been convicted under Section 379-A and sentenced to undergo rigorous imprisonment for five years. Though by Order dated 22 nd November, 2018, we have observed that there is no ground warranting interference with the verdict of conviction of the appellant under Sectio... | 1[ds]Though by Order dated 22 nd November, 2018, we have observed that there is no ground warranting interference with the verdict of conviction of the appellant under Section 379-A I.P.C. and notice was issued only limited to the quantum of sentence, upon hearing further submissions today made at the Bar by Mr. Liaqat... | 1 | 583 | ### Instruction:
Using the case data, forecast whether the court is likely to side with (1) or against (0) the appellant/petitioner.
### Input:
BANUMATHI, J.(1) Leave granted.(2) The appellant has been convicted under Section 379-A and sentenced to undergo rigorous imprisonment for five years. Though by Order dated 22... |
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