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700 | Arjun Singh Vs. Mohindra Kumar & Others | were thus linked together, the application made for the restoration of suit 20 of 1953 constituted a finding by a competent Court that there was no good or sufficient cause for the non-appearance of the appellant in Court for any suit on May 29, 1958. The suits were, no doubt, ordered to be tried jointly in the sense t... | 1[ds]11. We agree that generally speaking these propositions are not open to objection. If the court which rendered the first decision was competent to entertain the suit or other proceeding, and had therefore competency to decide the issue or matter, the circumstance that it is a tribunal of exclusive jurisdiction or ... | 1 | 10,462 | ### Instruction:
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were thus linked together, the application made for the restoration of suit 20 of 1953 constituted a finding by a competent Court that there was no goo... |
701 | Mandir S.Sita Ramji @ Shree Sitaramji B Vs. Land Acquisition Collector | Agreement is merely to allot some land out of the 35,000 acres being acquired. It is submitted that the Constitution Bench of this Court has approved such a course of action. 10. In support of this submission, it was also pointed out that the planned development can only be in accordance with the Delhi Development Act ... | 0[ds]11. We have considered the submissions of both the sides. In our view, there is no merit in the challenge to the proposed acquisition on the ground that the acquisition was for the purposes of the society covered by Agreement dated 9th May, 1972. The subsequent Notification is merely a followup of the earlier Noti... | 0 | 2,420 | ### Instruction:
Using the case data, forecast whether the court is likely to side with (1) or against (0) the appellant/petitioner.
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Agreement is merely to allot some land out of the 35,000 acres being acquired. It is submitted that the Constitution Bench of this Court has approved such a course of action. ... |
702 | NATIONAL HIGHWAY AUTHORITY OF INDIA Vs. GAYATRI JHANSI RAODWAYS LIMITED | fact, the agreement provides for a fixed rate of fee of the AT as agreed by the parties. Oral submissions on this mater were made by boththe parties. The AT deliberated on the matter and has decided that in view of the latest provision in the amended Act, the AT is competent to fix the fees regardless of the agreement ... | 1[ds]In our view, Shri Narasimha, learned senior counsel, is right in stating that in the facts of this case, the fee schedule was, in fact, fixed by the agreement between the parties. This fee schedule, being based on an earlier circular of 2004, was now liable to be amended from time to time in view of the long passa... | 1 | 2,042 | ### 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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fact, the agreement provides for a fixed rate of fee of the AT as agreed by the parties. Oral submissions on this mater were made by boththe parti... |
703 | TRIJUGI NARAIN (DEAD) THROUGH LEGAL REPRESENTATIVES AND OTHERS Vs. SANKOO (DEAD) THROUGH LEGAL REPRESENTATIVES AND OTHERS | (supra), Madhav Rao Jivaji Rao Scindia (supra), this Court has applied the rule of primogeniture to the estates of such Rulers by giving effect and protection to the personal law, that is, the rule of primogeniture as provided vide the covenant and merger agreement. Consequently, even after the erstwhile Rulers had sur... | 0[ds]In the present case, we are not concerned with the concept of deemed partition of existing coparcenary property on death of a coparcener, execution of a will by coparcener of his undivided interest vide Section 30 of the Succession Act or the amendments made in the Succession Act vide Act No. 39 of 2005 applicable... | 0 | 10,784 | ### Instruction:
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(supra), Madhav Rao Jivaji Rao Scindia (supra), this Court has applied the rule of primogeniture to the estates of such Rulers by giving effect and prot... |
704 | GOVT. OF NCT DELHI Vs. PRADEEP KUMAR | Court considered the implication of the Circular dated 11.05.2011 issued by the Department of Personnel, government of Rajasthan, (A, Gr.II) bearing ref.no.No.F.7(1) DOP/A-II/99 that expressly allowed migration to the unreserved category irrespective of any concession availed by the candidate of the reserved category i... | 1[ds]15. In the Delhi recruitment process, the respondents did not possess OBC (Delhi) certificate and thus they could not be considered for the OBC category vacancies. Further, as per the CTET guidelines, unreserved candidates are required to obtain 60% marks to qualify in the CTET. Since the Respondents obtained less... | 1 | 3,660 | ### Instruction:
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Court considered the implication of the Circular dated 11.05.2011 issued by the Department of Personnel, government of Rajasthan, (A, Gr.II) bearing ref.no.No.F.7(1) DOP/A-II/99 that ex... |
705 | NAND KISHORE PRASAD Vs. MOHIB HAMIDI | the absence of any evidence that the surgery was the only option even with low blood platelets, the finding of negligence of the operating surgeon cannot be ignored.14. Thus, we find that it is a case of unreasonable decision of the Operating Surgeon to operate and not a case of “bit negligent” so as to absolve the sur... | 1[ds]12. At the time of admission, the recorded history of the patient is complaint of pain in abdomen, fever and haemorrhage in both eyes for the past five days. However, there is no evidence of critical condition of the patient to be operated upon even with low platelet count. The surgery to remove round worms is not... | 1 | 2,665 | ### Instruction:
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the absence of any evidence that the surgery was the only option even with low blood platelets, the finding of negligence of the operating surgeon canno... |
706 | Raisaheb Vs. State of Harayana | in what manner she touched the body or did not touch at all. At any rate these are all very minor things. The fact remains that the FIR was given in a short and reasonable time and nobody could have imagined and planned to set up these witnesses particularly PW 6 who is a student studying in the school. Therefore we ar... | 0[ds]5. So far as the motive is concerned, there is evidence of PW 8 to show that there were cases pending and there was also bitter enmity between the deceased and his close relations on one side and the accused on the other side. However, when there are direct witnesses, the motive is not very important. The next sub... | 0 | 3,032 | ### Instruction:
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in what manner she touched the body or did not touch at all. At any rate these are all very minor things. The fact remains that the FIR was given in a short and rea... |
707 | State of Uttar Pradesh and Others Vs. M.V. Siddiqui | service. On January 3, 1968, the Director of Education (appellant 2) passed an order reverting the respondent and posting him as Deputy Inspector, Urdu Medium Schools, Allahabad region, in the Subordinate Education service. It appears this order was passed by the Director of Education by way of implementing an earlier ... | 1[ds]4. It appears that the High Court proceeded to consider the question whether the order passed by the Director of Education on 15, 1968 and served on the respondent on October 16, 1968 was legal or not and it has taken the view that that order was illegal and an invalid one. In the first place, the legality or othe... | 1 | 1,257 | ### Instruction:
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service. On January 3, 1968, the Director of Education (appellant 2) passed an order reverting the respondent and posting him as Deputy Inspector, Urdu Medium ... |
708 | National Textile Corpn.(Guj) Ltd Vs. State Bank Of India | the textile undertaking before the appointed day. Moreover, the statement in the preamble on which reliance has been placed by the learned counsel for the appellant, regarding giving protection to the interests of the workmen employed therein, also indicates that what was intended was to reorganise and rehabilitate the... | 1[ds]21. In terms of the provisions of the Act, the liability of the owner has not ceased to run. The entire claim of the bank, if not capable of being disbursed from the amount deposited by the Central Government, the same would abate. The claimants, therefore, are entitled to realize their remaining claims from the o... | 1 | 6,709 | ### Instruction:
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the textile undertaking before the appointed day. Moreover, the statement in the preamble on which reliance has been placed by the learned counsel for t... |
709 | AMBALAL SARABHAI ENTERPRISES LTD Vs. K.S. INFRASPACE LLP | statute or the provision, the literal and strict interpretation has to be applied. It may be noted that important words used in the relevant provisions are immovable property used exclusively in trade or commerce. If the submission on behalf of the original plaintiff is accepted in that case it would be adding somethin... | 0[ds]10. Be that as it may, the learned senior advocates on both sides have sought to rely on the legal position decided by the various High Courts in the absence of the pronouncement of this Court. The learned senior advocate in that regard have referred to the various decisions on the same point. However, we do not f... | 0 | 4,004 | ### Instruction:
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statute or the provision, the literal and strict interpretation has to be applied. It may be noted that important words used in the relevant provisions are immovable p... |
710 | Sonali Mukherjee Vs. Union Of India | tone of letters written by PW-1 suggests that parents of Biswajit have accepted his marriage and everything was alright with them. Even if everything in his evidence is accepted, all the letters written by him belie the claim made by the witness that Biswajit was murdered. It is for the first time that he told that he ... | 1[ds]29. Having discussed all these witnesses, we are of the firm opinion that the whole prosecution rests on suspicions and it is trite law that mere suspicion is not enough to convict the accused persons32. We also cannot agree with the High Court that the death of Biswajit was homicide. We have already pointed out a... | 1 | 10,511 | ### 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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tone of letters written by PW-1 suggests that parents of Biswajit have accepted his marriage and everything was alright with them. Even if everyth... |
711 | Hansa Inds.Pvt.Ltd. Vs. Kidarsons Inds.P.Ltd | settlement reached between the parties. Even at the time when the settlement was reached the parties were well aware of the strained relationship which existed and the unfortunate events that occurred between the branch of appellant No.2 and the remaining members of the family. Despite this, it was agreed by all of the... | 1[ds]16. It is true that the High Court has taken note of the practicalities of the situation and has proceeded on the basis that the appellants and the respondents cannot peacefully live in the same premises. The High Court has, therefore, not favoured allotment of a portion of the house in favour of appellant No.2 an... | 1 | 4,695 | ### Instruction:
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settlement reached between the parties. Even at the time when the settlement was reached the parties were well aware of the strained relationship which existed and the unfortunate event... |
712 | M/s. Hind Tobacco & Cigarette Company Limited Vs. Union of India & Others | December 11, 1954 (Ex. B-4), the first offer to supply cigarettes and contended that this was the only contract in which in the column of Price, sales-tax was mentioned and reference was made in the "Remarks" Column to Schedule B for excluding the sales-tax. In the subsequent contracts, according to the respondents cou... | 1[ds]9. Dealing with the last argument first, Article 133 (1) confers a right of appeal on an aggrieved party when the case satisfies the requirement of Clause (a) and the judgment of the High Court is one of reversal. In such a case it is not necessary that, a substantial or important question of law should also be in... | 1 | 3,164 | ### Instruction:
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December 11, 1954 (Ex. B-4), the first offer to supply cigarettes and contended that this was the only contract in which in the column of Price, sales-... |
713 | Shri Benoy Mazumdar (Dead) By Lrs Vs. The Collector Of Cachar | lands were requisitioned. On the other hand, the objectors witnesses, some of whom are official witnesses, said that at the time of requisition the lands were lying patty. I, therefore, find no substance in the argument that the lands were not fallow, uncultivated or not utilised at the time when these were requisition... | 0[ds]5. The said ratio was applied to the facts in this case and it was held that since the lands were fallow uncultivated lands they got attracted and accordingly it was held that Section 7(1-A) was inapplicable. Though Shri Choudhary sought to impress upon us that the land is fallow and therefore, the land falls with... | 0 | 1,940 | ### 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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lands were requisitioned. On the other hand, the objectors witnesses, some of whom are official witnesses, said that at the time of requisition ... |
714 | M/s. SRD Nutrients Private Limited Vs. Commissioner of Central Excise Guwahati | under any other law for the time being in force. Sub-section (3) of Section 93 provides that the provisions of the Central Excise Act, 1944 and the rules made thereunder, including those related to refunds and duties etc. shall as far as may be applied in relation to levy and collection of Education Cess on excisable g... | 1[ds]16. It is clear from the arguments of the counsel for the parties that divergent views are expressed by the CESTAT as well as High Courts. Even one Bench of the same Tribunal has differed from its earlier Division Bench decision. In this scenario, it becomes important as to how the Department has viewed the positi... | 1 | 6,212 | ### Instruction:
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under any other law for the time being in force. Sub-section (3) of Section 93 provides that the provisions of the Central Excise Act, ... |
715 | Bharat Petroleum Corpn. Ltd.&Anr Vs. Balakrishnan Nambiar (Dead) By Lrs | its order dated 17.8.1993. The decision is reported as Bharat Petroleum Corpn. Ltd. Ex-Employees Association and others v. Chairman and Managing Director, Bharat Petroleum Corporation Ltd., Bombay and others, 1993(4) SCC 37. Although this judgment dealt with the clerical cadre, the appellant-corporation decided to exte... | 1[ds]When the appellants took the decision to give an increase of 56.03%, they had in mind only the existing pension which was being paid to its employees. The financial burden on the appellants was calculated on the basis of the increase of 56.03% being given on the then existing pension. The decision was purely volun... | 1 | 1,417 | ### 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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its order dated 17.8.1993. The decision is reported as Bharat Petroleum Corpn. Ltd. Ex-Employees Association and others v. Chairman and Managing D... |
716 | Oil & Natural Gas Commission Vs. State of Bihar & Others | the principle that all of its crude was being sold to Barauni refinery. 4. The Commission is described by the Solicitor-General to be a statutory body which has no option either with regard to the production or supply and the directions and decisions of the Government leave no choice with the Commission in regard to su... | 0[ds]This court in Salar Jung Sugar Mills Ltd. v. State of Mysore [[1972] 29 S.T.C. 246 (S.C.); [1972] 2 S.C.R. 228] laid down the following propositions : First, statutory orders regulating the supply and distribution of goods by and between the parties under Control Orders in a State do not absolutely impinge on the ... | 0 | 1,977 | ### Instruction:
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the principle that all of its crude was being sold to Barauni refinery. 4. The Commission is described by the Solicitor-General to be a statutory body which ... |
717 | The Ahmedabad Manufacturers & Calico Vs. The Workmen | Article 226 challenging the award without disclosing the fact that the earlier application for leave by the Trade Union was rejected. Mr. Justice Abhyankar who delivered the judgment held that the petitioners were guilty of suppressing the fact of the earlier application for special leave having been rejected by the Su... | 0[ds]10. Now, the first point about the competence of the Court to entertain the petition is admittedly raised by respondents No. 1 for the first time before us. Moreover, after hearing the parties we have come to the conclusion that the other point must be answered against the Company. We therefore do not consider it ... | 0 | 4,836 | ### Instruction:
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Article 226 challenging the award without disclosing the fact that the earlier application for leave by the Trade Union was rejected. Mr. Justice Abhya... |
718 | MATA PRASAD Vs. THE STATE OF U.P. & ANR | 1. Admit. 2. The petitioner has taken recourse to Article 32 of the Constitution of India for a direction for consideration of his case for premature release from prison as per the policy dated 01.8.2018 and consequently to release the petitioner forthwith. 3. The petitioner along with his younger brother and father we... | 1[ds]9. We are really not required to go into this aspect in view of the aforesaid but would like to express a great doubt on the validity of this clause prescribing a minimum age of 60 years which would imply that a young offender of 20 years will have to serve 40 years before his case for remission can be considered.... | 1 | 904 | ### Instruction:
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1. Admit. 2. The petitioner has taken recourse to Article 32 of the Constitution of India for a direction for consideration of his case for prem... |
719 | Guramma Bhratar Chanbasappa Deshmukh & Others Vs. Mallappa Chanbasappa & Others | Judicial Committee based its conclusion mainly on the following ground :"...... the rule of the Dattaka Chandrika that on a partition of the joint family property of a Sudra family an adopted son is entitled to share equally with the legitimate son born to the adoptive father subsequently to the adoption had been accep... | 1[ds]We should be very reluctant to extend it to adoption, as it would lead to many anomalies and in some events defeat the object of the conferment of the power itself. The scope of the power must be reasonably construed so as to enable the donee of the power to discharge his religious duty. We, therefore, hold that t... | 1 | 8,974 | ### Instruction:
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Judicial Committee based its conclusion mainly on the following ground :"...... the rule of the Dattaka Chandrika that on a partition of the joint famil... |
720 | International Advanced Research Centre for Powder Metallurgy and New Materials and Ors Vs. Nimra Cerglass Technics Ltd. and Ors | a civil nature, has been given a cloak of criminal offence. Criminal proceedings are not a short cut of other remedies available in law. Before issuing process a criminal court has to exercise a great deal of caution. For the accused it is a serious matter. This Court has laid certain principles on the basis of which t... | 1[ds]25. As per the terms of the technology transfer agreement, ARCI has to conduct performance guarantee tests and in those tests when ARCI was unsuccessful in achieving the targeted specifications, ARCI cannot be said to have acted with dishonest intention to cheat the respondent. Appellants-ARCI is a structure of Sc... | 1 | 5,429 | ### Instruction:
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a civil nature, has been given a cloak of criminal offence. Criminal proceedings are not a short cut of other remedies available in law. Before issuing... |
721 | Hari Singh Mann Vs. State of Punjab & Others | Ray, C.J.1. This is an appeal by special leave from the judgment D/-5-11-1969 of the High Court of Punjab and Haryana. The only question is whether the order of termination of the service of the appellant who was a probationer is in violation of R.9 of the Punjab Civil Services (Punishment and Appeal) Rules, 1952.2. Th... | 0[ds]6. Under the aforesaid (Police Service) Rule 8 (b) proviso, the Government could extend the period of probation by not more than one year. The appellant was appointed on 20 May, 1965 on two years probation. On 1 July, 1967, there was an order extending the period of probation by one year. On 20 May, 1968, there wa... | 0 | 1,081 | ### Instruction:
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Ray, C.J.1. This is an appeal by special leave from the judgment D/-5-11-1969 of the High Court of Punjab and Haryana. The only question is whether the order of termination of... |
722 | State Of Karnataka Vs. Kgsd Canteen Employees Welfare Asson&Ors | Court vis-a-vis the Civil Court highlighted the object of the Industrial Disputes Act stating: "The object of the Industrial Disputes Act, as its preamble indicates, is to make provision for the investigation and settlement of industrial disputes, which means adjudication of such disputes also. The Act envisages collec... | 1[ds]19. In an affidavit filed before us, it is stated that the Karnataka Government Secretariat Employees Association which was running the canteen from 04.08.2000 to 31.03.2003 by a letter dated 10.03.2003, expressed its inability to run the canteen beyond 31.03.2003 and, thus, the canteen services were closed from 0... | 1 | 7,890 | ### Instruction:
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Court vis-a-vis the Civil Court highlighted the object of the Industrial Disputes Act stating: "The object of the Industrial Disputes Act, as its preamb... |
723 | Indo Asahi Glass Company Limited and Another Vs. Income Tax Officer and Others | This appeal arises from the judgment of the Calcutta High Court which had dismissed the writ petition filed by the appellants wherein challenge was made to the show-cause notice dated May 16, 1996. The aforesaid show-cause notice was issued on the allegation that salary had been paid to four employees who were working ... | 1[ds]This and the other facts cannot be taken up for consideration by this court for the first time. In our opinion, the High Court was right in coming to the conclusion that it is appropriate for the appellants to file a reply to thee notice and take whatever defence is open to them. | 1 | 322 | ### Instruction:
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This appeal arises from the judgment of the Calcutta High Court which had dismissed the writ petition filed by the appellants wherein challenge was made to the show... |
724 | Hill View Colony Vs. State Of Nagaland | Abhay Manohar Sapre, J.1. This appeal is filed against the final judgment and order dated 05.08.2011 passed by the High Court of Gauhati, Kohima Bench in Writ Appeal (c) No. 23(K) of 2010 whereby the Division Bench of the High Court dismissed the writ appeal filed by the appellants herein and affirmed the order dated 0... | 1[ds]9. Having heard learned senior counsel for the parties at length and having perused the record of the case as also the written submissions filed by the learned counsel as directed, we are inclined to allow the appeal in part and while setting aside of the impugned order as also of the order passed by the learned S... | 1 | 902 | ### Instruction:
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Abhay Manohar Sapre, J.1. This appeal is filed against the final judgment and order dated 05.08.2011 passed by the High Court of Gauhati, Kohima Bench in Writ... |
725 | M/S. National Insurance Co. Ltd Vs. Baljit Kaur | remedy; and then the office of all the judges is always to make such construction as shall: (a) suppress the mischief and advance the remedy; and (b) suppress subtle inventions and evasions for the continuance of the mischief pro privato commodo (for private benefit); and (c) add force and life to the cure and remedy a... | 1[ds]11. Admittedly, it is incumbent upon a Court of law to eschew that interpretation of a statute that would serve to negate its true import, or to render the words of any provision as superfluous. Nonetheless, we find no merit in the above submissions proffered by the learned counsel for the respondent. The effect o... | 1 | 2,854 | ### Instruction:
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remedy; and then the office of all the judges is always to make such construction as shall: (a) suppress the mischief and advance the r... |
726 | K.KISHAN Vs. M/S VIJAY NIRMAN COMPANY PVT. LTD. REP. BY ITS MANAGING DIRECTOR | that the alternative contended for by the petitioner.? 15. A recent judgment of the Singapore High Court, contained in Lim PohYeoh (alias Lim Aster) and TS Ong Construction Pte Ltd. [2016] SGHC 179, was also referred to by Mr. Banerji. Again, in a situation which demands a far higher threshold that has to be crossed be... | 1[ds]However, learned counsel appearing on behalf of the Respondent strongly relied on the fact that this is not an ordinary case inasmuch as the amount of Rs.1.71 Crores which was awarded was admitted by Mr. Banerji?s client in the arbitral proceedings to be a debt due, and that this being so, there can be no dispute ... | 1 | 5,199 | ### Instruction:
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that the alternative contended for by the petitioner.? 15. A recent judgment of the Singapore High Court, contained in Lim PohYeoh (alias Lim Aster) and TS Ong Construction Pte Ltd. [20... |
727 | Daya Singh (Dead) Through L.Rs. & Anr Vs. Dhan Kaur | only the law in force at the time of the death of the limited owner that should govern the case. To hold that the old Hindu Law applies to such a case is to allow your imagination to boggle. In the case decided by the Privy Council in AIR 1946 PC 173 (supra) if this principle had been applied the new heirs introduced b... | 0[ds]4. In the case before this Court the two women were in possession of property whose last male holder, who had died before coming into force of the Hindu Succession Act, was their step son. They were not, therefore in legal possession of the properties of the last male holder. The question that had to be decided wa... | 0 | 3,920 | ### Instruction:
Based on the information in the case proceeding, determine the likely outcome: acceptance (1) or rejection (0) of the appellant/petitioner's case.
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only the law in force at the time of the death of the limited owner that should govern the case. To hold that the old Hindu Law applies to such ... |
728 | Member-Secretary, Andhra Pradesh Stateboard For Prevention Vs. Andhra Pradesh Rayons Ltd. & Ors | realise money from those whose activities lead to pollution and who must bear the expenses of the maintenance and running of the State Board. It is a fiscal provision and must, therefore, not only be literally construed but also be strictly construed. Having regard to the literal expression used and bearing in mind the... | 0[ds]It is the propriety; or the correctness of that decision which is sought to be canvassed before us by this petition. It must therefore, be made clear that we are not concerned with the correctness or otherwise of the decision of the High Court about the constitutional validity of the Act in question. That is not a... | 0 | 3,667 | ### Instruction:
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realise money from those whose activities lead to pollution and who must bear the expenses of the maintenance and running of the State Board. It is a fi... |
729 | Securities & Exch.Board Of India Vs. M/S Informetics Valuation & Rating P.Ltd | scope under the regulations for the time to be extended any further. The information sought must be in relation to the five years preceding the date of the application. In this view of the matter, we are of the opinion that the directions issued by the SAT that the Board could not have directed the respondent to produc... | 0[ds]27. We are satisfied that the aforesaid certificate did not conform to the provisions contained in the regulations which requires that the certificate of the Chartered Accountant should be in confirmation of the Audited Accounts of the promoters/applicant for the five years preceding the date of the application. W... | 0 | 7,099 | ### Instruction:
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scope under the regulations for the time to be extended any further. The information sought must be in relation to the five years preceding the date of the application. In thi... |
730 | HEMRAJ RATNAKAR SALIAN Vs. HDFC BANK LTD. & ORS | Hence, if any of the appellants claim that they are entitled to possession of a secured asset for any term exceeding one year from the date of the lease made in his favour, he has to produce proof of execution of a registered instrument in his favour by the lessor. Where he does not produce proof of execution of a regi... | 0[ds]9. As noticed above, it is the case of the appellant that he is a tenant of the Secured Asset since 12.06.2012 and has paid advance rent upto 17.12.2018. The documents produced by the appellant are xerox copies of the rent receipts. However, in response to the notice issued under Section 13(2) of the SARFAESI Act,... | 0 | 2,281 | ### 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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Hence, if any of the appellants claim that they are entitled to possession of a secured asset for any term exceeding one year from the date of t... |
731 | Maharashtra State Electricity Board Vs. Thana Electric Supply Co. & Others | that term. The Amending Act of 1976 sought to limit the economic burden of this reform. 35. The expression "nationalisation" means the acquisition and control of privately owned business by government [See Blacks Law Dictionary, 5th edn., p. 924]. In A New English Dictionary on Historical Principles by Murray, Vol. VI ... | 1[ds]If the contention of the State and the Electricity Board prevails and is accepted, all other contentions which, in turn, rest on an alleged infraction of Articles 14, 19(1)(f) and (g) and 31 do not survive. It is, however, the contention of Shri Andhyarujina that the question whether the power given to the governm... | 1 | 8,946 | ### Instruction:
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that term. The Amending Act of 1976 sought to limit the economic burden of this reform. 35. The expression "nationalisation" means the acquisition and control of pr... |
732 | Collector of Central Excise, Patna Vs. Tata Iron & Steel Company Limited | S.P.BHARUCHA(1) The assessee held a stock of exigible goods in fully manufactured condition on 1st March, 1989. On this date the special excise duty leviable on such goods was enhanced. The goods were cleared after 1st March, 1989. The question in this appeal is : Are the goods exigible to special excise duty at the ra... | 0[ds](2) In our view, the tribunal was right in the view that it took. Special excise duty is an annual levy, as has been explained in the judgment in Ponds. It ceases to have effect on the 28th February of a given year and a new levy, distinct and different, comes into operation with effect from the 1st of March of th... | 0 | 397 | ### Instruction:
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S.P.BHARUCHA(1) The assessee held a stock of exigible goods in fully manufactured condition on 1st March, 1989. On this date the special excise duty leviable ... |
733 | M/S. Indcon Structurals (P) Ltd Vs. Commnr. Of Central Excise, Chennai | it has acquired a definite trade and business understanding. The record shows that the adjudicating authority in its order has recorded categorical finding that in support of the claim, the assessee-Company has produced on record certificates of the well-known Architects or Engineers and Town Planners, Interior Design ... | 1[ds]The appellate authority as noticed earlier has confirmed the order of the adjudicating authority and held that the cement tiles in question are not floor coverings and the benefit of the notification has been rightly extended to the assessee-Company. The Member (Technical) of the CEGAT has also come to the conclus... | 1 | 2,270 | ### Instruction:
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### Input:
it has acquired a definite trade and business understanding. The record shows that the adjudicating authority in its order has recorded categorical finding that in support of the cla... |
734 | The State Of Kerala Vs. The Pullangode Rubber And Produce Co.Ltd | or cinnamon or that they were being used on that day for any purpose ancillary to the cultivation of such crops or that they were being used on that day for the preparation of such crops for the market.11. We now turn to the question whether land used for providing firewood to a rubber estates smoke-houses and its work... | 1[ds]12. The High Court was, therefore, right in holding that land used for supplying firewood for theof the company was excludable from the definition of `private forest under the said Act. The consequential question is whether the High Court was right in making an assessment thereof as indicated above and fixing an e... | 1 | 2,879 | ### Instruction:
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### Input:
or cinnamon or that they were being used on that day for any purpose ancillary to the cultivation of such crops or that they were being used on that day for the preparation of such c... |
735 | Bajrang Factory Ltd. & Another Vs. University of Calcutta & Others | every word used in a document, such a construction should be accepted instead of a construction which would have the effect of cutting down the clear meaning of the words used by the testator. Further, where one of the two reasonable constructions would lead to intestacy, that should be discarded in favour of a constru... | 0[ds]are of the opinion that the decision relied upon by Mr. Sundaram on Margaret Goonewardens (supra) cannot be said to have any application in the instant case, as in view of our findings aforementioned, clause 5 of the will is not hit by Section 113 of the Indian Succession Act. | 0 | 6,723 | ### Instruction:
Considering the arguments and evidence in case proceeding, predict the verdict: is it more likely to be in favor (1) or against (0) the appellant?
### Input:
every word used in a document, such a construction should be accepted instead of a construction which would have the effect of cutting down the ... |
736 | M/S ICOMM TELE LTD Vs. PUNJAB STATE WATER SUPPLY AND SEWERAGE BOARD | to be kept in mind in deciding that such a clause would be arbitrary in the sense of being something which would be unfair and unjust and which no reasonable man would agree to. Indeed, a claim may be dismissed but need not be frivolous, as is obvious from the fact that where three arbitrators are appointed, there have... | 1[ds]7. Having heard learned counsel for both parties, it will be seen that the 10%before a party can successfully invoke the arbitration clause is on the basis that this is in order to avoid frivolous claims.From this clause, it also becomes clear that arbitration is considered to be an alternative dispute resolution ... | 1 | 5,338 | ### Instruction:
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to be kept in mind in deciding that such a clause would be arbitrary in the sense of being something which would be unfair and unjust and which no reasonable... |
737 | UCO Bank & Another Vs. Dipak Debbarma & Others | view in the concurring judgment of Ruma Pal, J. in ITC Ltd. vs. Agricultural Produce Market Committee and Ors. (supra), seems to have been echoed in a recent pronouncement of this Court in Vishal N. Kalsaria vs. Bank of India & Ors. (2016) 3 SCC 762 ), wherein this Court had held that the provisions of the Act of 2002 ... | 1[ds]15. In the present case the conflict between the Central and the State Act is on account of an apparent overstepping by the provisions of the State Act dealing with land reform into an area of banking covered by the Central Act. The test, therefore, would be to find out as to which is the dominant legislation havi... | 1 | 4,945 | ### Instruction:
Using the case data, forecast whether the court is likely to side with (1) or against (0) the appellant/petitioner.
### Input:
view in the concurring judgment of Ruma Pal, J. in ITC Ltd. vs. Agricultural Produce Market Committee and Ors. (supra), seems to have been echoed in a recent pronouncement of ... |
738 | State Of West Bengal Vs. Atul Krishna Shaw And Anr | the appellate authority without discussing the evidence of Mr. Dutta who had stated in his evidence that there are shrubs outside and inside the lands in dispute. It is the specific case of the respondents that they made embankment, but Mr. Dutta finds that there was no embankment to any of the plots. That was also a f... | 1[ds]7. Admittedly the High Court did not go into any of the questions raised by the appellant in the writ petition. It summarily dismissed the writ petition. Therefore, what we have to read is only the orders of the appellate tribunal and the Assistant Settlement Officer - the primary authority together with the recor... | 1 | 5,153 | ### Instruction:
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### Input:
the appellate authority without discussing the evidence of Mr. Dutta who had stated in his evidence that there are shrubs outside and inside the lands in dispu... |
739 | THE DEPOT MANAGER APSRTC (NOW KNOWN AS TSRTC) Vs. N.DANAIAH | L. Nageswara Rao, J. 1. Leave granted. 2. The Respondent was working as a driver in the APSRTC. An enquiry was initiated against him for ticket irregularities. The charges that were framed against the Respondent are as follows: 1. For having collected the fare of Rs. 240/- from a batch of three passengers (2 + 1) at th... | 1[ds]5. After hearing learned Counsel for the parties and considering the material on record we are of the opinion that the judgment of the Division Bench is not sustainable and is liable to be set aside for the following reasons:1. The date on which the ticket irregularities were committed by the Respondent was 19.01.... | 1 | 613 | ### Instruction:
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### Input:
L. Nageswara Rao, J. 1. Leave granted. 2. The Respondent was working as a driver in the APSRTC. An enquiry was initiated against him for ticket irregul... |
740 | United India Insurance Co. Ltd Vs. Laxmamma & Others | order directing a certain person to pay a certain sum of money to a certain person. It involves a promise that such money would be paid.18. Thus, when the insured fails to pay the premium promised, or when the cheque issued by him towards the premium is returned dishonoured by the bank concerned the insurer need not pe... | 0[ds]19. In our view, the legal position is this : where the policy of insurance is issued by an authorized insurer on receipt of cheque towards payment of premium and such cheque is returned dishonoured, the liability of authorized insurer to indemnify third parties in respect of the liability which that policy covere... | 0 | 4,244 | ### 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:
order directing a certain person to pay a certain sum of money to a certain person. It involves a promise that such money would be paid... |
741 | KALYANI (DEAD) THROUGH LRS. & ORS Vs. THE SULTHAN BATHERY MUNICIPALITY & ORS | the averments in the petition are concerned, they refer to a couple of representations given right from 2011 onwards and when nothing proceeded, the appellants approached the High Court in 2014. Therefore, to say that there was substantial delay on the part of the appellants in agitating for their rights would not be c... | 1[ds]9. It is not disputed that the appellants did lose their land in the construction/widening of the road belonging to the Panchayat/Municipality. It is also admitted that the road as it existed and after further construction and widening would be owned by the Panchayat/Municipality, that is to say that the appellant... | 1 | 3,641 | ### 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:
the averments in the petition are concerned, they refer to a couple of representations given right from 2011 onwards and when nothing proceeded,... |
742 | Shahzada Nand & Sons Vs. The Commissioner Of Income Tax, Patiala | has to be judged not on any subjective standard of the assessing authority but from the point of view of commercial expediency. Let us see whether the amount of commission paid to Saheb Dayal and Gurditta Mal in the present case can be said to be reasonable from this standpoint. It is clear from the order of the Tribun... | 1[ds]Now, before we proceed to consider the question which arises for determination before us, we must make it clear at the outset that in the present case the genuineness of the payment of commission made to Saheb Dayal and Gurditta Mal was at no time doubted by the revenue authorities. It was not the case of the reve... | 1 | 4,111 | ### Instruction:
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### Input:
has to be judged not on any subjective standard of the assessing authority but from the point of view of commercial expediency. Let us see whether the amount... |
743 | CENTRAL BUREAU OF INVESTIGATION Vs. RAMENDU CHATTOPADHYAY | in the name of the accused company; and by inducing the public to invest under these schemes with the allure of high returns, collected funds amounting to Rs. 255,91,00,541/¬, but did not repay the amount to the tune of Rs. 15,69,35,003/¬, thereby cheating the investors of such amount. During the course of investigatio... | 1[ds]@ SPECIAL LEAVE PETITION (CRIMINAL) NO. 120 OF 2019)8. This Court is conscious of the need to view such economic offences having a deep-rooted conspiracy and involving a huge loss of investors money seriously. Though further investigation is going on, as of now, the investigation discloses that the Respondent play... | 1 | 1,329 | ### Instruction:
From the information provided in the case proceeding, infer whether the court's decision will be positive (1) or negative (0) for the appellant.
### Input:
in the name of the accused company; and by inducing the public to invest under these schemes with the allure of high returns, collected funds amou... |
744 | M.P. POWER MANAGEMENT COMPANY LTD Vs. RENEW CLEAN ENERGY PVT. LTD | of Rs.11,95,54,200/- on respondent No.1. Being aggrieved, respondent No.1 filed Writ Petition No.12432 of 2017 before the High Court praying that the appellant be directed not to give effect to termination and encashment of performance bank guarantee. The High Court vide impugned judgment dated 18.08.2017 partly allowe... | 0[ds]11. Even when respondent No.1 has undertaken the construction activities in the changed location and informed the appellant that the expected date of commissioning of the project is 31.08.2017, the appellant terminated the contract by its order dated 11.08.2017. As pointed out by respondent No.1 in its counter aff... | 0 | 1,756 | ### 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 Rs.11,95,54,200/- on respondent No.1. Being aggrieved, respondent No.1 filed Writ Petition No.12432 of 2017 before the High Court pr... |
745 | Sime Darby Engineering SDN. BHD Vs. Engineers India Ltd | the agreement it should be clear if the disputes and differences are not resolved mutually, the same shall be referred to arbitration in accordance with the provisions of the said Act. Clause 12.3 stipulates the requirement on the part of the arbitrator(s) to give reasons. 23. The Arbitration Tribunal as defined under ... | 1[ds]27. In the instant case Clause 12.2 of the Arbitration clause is silent about the number of arbitrator. Therefore, Section 10(2) of the said Act squarely applies.28. The learned counsel for the respondent has referred to a passage at page 185 paraof Redfern and Hunter, Law and Practice of International Commercial ... | 1 | 3,080 | ### Instruction:
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### Input:
the agreement it should be clear if the disputes and differences are not resolved mutually, the same shall be referred to arbitration in accordance with... |
746 | S. S. Gadgil, Income-Tax Officer, Bombay Vs. Lal And Company | in terms imposes a fetter upon the power of the Income-tax Officer to bring to tax escaped income. If prescribed different periods in different classes of cases for enforcement of the right of the State to recover tax. It was observed by this Court in Ahmedabad Manufasturing and Calico Printing Co. Ltd. v. S. G. Mehta,... | 0[ds]12. In considering whether the amended statute applies, the question is one of interpretation i.e. to ascertain whether it was the intention of the Legislature to deprive a tax payer of the plea that action for assessment or re-assessment could not be commenced, on the ground that before the amending Act became ef... | 0 | 4,497 | ### Instruction:
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### Input:
in terms imposes a fetter upon the power of the Income-tax Officer to bring to tax escaped income. If prescribed different periods in different classes of case... |
747 | Lakshman Singh Kothari Vs. Smt. Rup Kanwar | acts; the object of the corporeal giving and receiving in adoption is obviously to secure due publicity (Colebrooks Digest. Book V. T. 273, commentary), and Yeshwadas employing her uncle to perform this physical act, which derived its efficacy from her own volition accompanying it, cannot, we think, deprive it of its l... | 0[ds]Further citation would be redundant. It is, therefore, settled law that, after the natural and adoptive parents exercised their volition to give and take the boy in adoption, either of them could, under certain unavoidable compelling circumstances, delegate his right to give or the right to receive the adoptive so... | 0 | 2,736 | ### 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:
acts; the object of the corporeal giving and receiving in adoption is obviously to secure due publicity (Colebrooks Digest. Book V. T. 273, commentary), and Ye... |
748 | Dr. Ashok Vs. Union Of India | be specified in the notification pending investigation into the matter. In Other words, In respect o an insecticide within the meaning of section 3(e) ((iii) i.e. a preparation or formulation containing anyone or more of such substances specified in the schedule. the appropriate Government can immediately by issue of n... | 1[ds]An examination of the aforesaid provisions of the Act indicates that before registering a particular insecticide the Registration Committee is duty bound to hold such enquiry as it deems fit for satisfying itself that the insecticide to which the application relate s is safe to human beings and animals.Coming now ... | 1 | 9,755 | ### Instruction:
Using the case data, forecast whether the court is likely to side with (1) or against (0) the appellant/petitioner.
### Input:
be specified in the notification pending investigation into the matter. In Other words, In respect o an insecticide within the meaning of section 3(e) ((iii) i.e. a preparatio... |
749 | Kultar Singh Vs. Mukhtiar Singh | Suba. In these proceedings, we are not concerned to consider the propriety, the reasonableness or the desirability of the claim for Punjabi Suba. That is a political issue and it is perfectly competent to political parties to hold bona fide divergent and conflicting views on such a political issue. The significance of ... | 1[ds]8. In considering the question as to whetherthe distribution of the impugned poster by the appellant constitutes corrupt practice under S.there is one point which has to be borne in mind. The appellant has been adopted as its candidate by the Akali Dal Party. This Party is recognised as a political party by the El... | 1 | 4,353 | ### Instruction:
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Suba. In these proceedings, we are not concerned to consider the propriety, the reasonableness or the desirability of the claim for Punjabi Suba. That ... |
750 | Kurapati Venkatasatyanarayana & Others Vs. The State Of Andhra Pradesh | to a separate assessable item, a Court can sever the items and cut out one or more along with the sum attributed to it, while affirming the residue. But where the assessment consists of a single undivided sum in respect of the totality of property treated as assessable, and when one component (not dismissible as de min... | 1[ds]herefore, by incorporating Section 22 of the Madras Act read with Article 286, notwithstanding the amplitude of the power otherwise granted by the charging section read with the definition of sale a cumulative fetter of triple dimension was imposed upon the taxing power of the State. The Legislature of the Madras ... | 1 | 4,166 | ### Instruction:
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### Input:
to a separate assessable item, a Court can sever the items and cut out one or more along with the sum attributed to it, while affirming... |
751 | Toyoto Jidosha Kabushiki Kaisha Vs. M/s. Prius Auto Industries Ltd. & Others | the first test, i.e., likelihood of confusion is required to be satisfied only in quia timet actions and actual confusion will have to be proved when the suit or claim is being adjudicated finally as by then a considerable period of time following the initiation of the action of passing off might have elapsed. Once the... | 0[ds]28. The overwhelming judicial and academic opinion all over the globe, therefore, seems to be in favour of the territoriality principle. We do not see why the same should not apply to this Country.29. To give effect to the territoriality principle, the courts must necessarily have to determine if there has been a ... | 0 | 7,781 | ### Instruction:
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### Input:
the first test, i.e., likelihood of confusion is required to be satisfied only in quia timet actions and actual confusion will have to be proved when the sui... |
752 | Mamtaj Bi Bapusab Nadaf Vs. United India Insurance Co. | Compensation, Bizapur, were allowed and the Commissioner vide its judgment dated 24th July, 2003, found the Insurance Company liable to pay compensation to the appellants.6. Aggrieved by the said judgment, the Insurance Company preferred in M.F.A. No.5843/2003 and M.F.A. No.5844/2003 before the High Court of Karnataka ... | 1[ds]7. According to the reasoning of the High Court, the vehicle was not involved in the accident and the death of the workmen by no stretch of imagination can be said to have any proximate or direct connection with the vehicle. The High Court also observed that the mere fact that Maize was brought to the spot where t... | 1 | 1,423 | ### 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:
Compensation, Bizapur, were allowed and the Commissioner vide its judgment dated 24th July, 2003, found the Insurance Company liable to pay comp... |
753 | Ramrao Shankar Tapase Vs. Maharashtra Industrial Development Corpn. & Others | non-agricultural potentiality and are situated nearer to the industrial area, the High Court has further added 15% and has determined and awarded the compensation at the rate of Rs. 2,00,000/- per hectare for cultivable land. In some of the cases, the same is reduced to Rs.1,80,000/- per hectare or reduced to Rs.1,50,0... | 1[ds]9. The High Court by the impugned judgment and order has mainly relied upon Ex. 41, the sale deed with respect to the land bearing Survey No. 20/2 of the very village Bhoyar dated 18.09.1992, by which one of the claimants – Satish Nimodiya purchased the said land at Rs. 91,736/p per hectare. The High Court has rou... | 1 | 5,451 | ### Instruction:
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non-agricultural potentiality and are situated nearer to the industrial area, the High Court has further added 15% and has determined and awarded the compensation at the rate ... |
754 | Bhatia Co-Operative Housingsociety Ltd Vs. D. C. Patel | of security for the preservation of the building which, on the expiry or sooner determination of the lease, will vest in the lessor. This line of reasoning has found favour with the High court which has held that although in form the building belongs to the Bombay Municipality who are the successors-in-interest of the ... | 1[ds]13. It is said that if the first part of the section is so construed as to . exempt the premises from the operation of the Act, not only as between the Government or a local authority on the one hand and its lessee on the other, but also as between that lessee, and histhen the whole purpose of the Act will be frus... | 1 | 4,358 | ### Instruction:
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of security for the preservation of the building which, on the expiry or sooner determination of the lease, will vest in the lessor. This line of reaso... |
755 | Lal Chand Vs. Oriental Insurance Co. Ltd | delay. After notice, the respondent Insurance Company has also filed a counter affidavit and the matter was listed today for final hearing. At this stage no purpose would be served to dismiss the civil appeal on the ground of delay in filing the appeal. Since the notice was ordered on special leave petition and on the ... | 1[ds]In the instant case, the owner has not only seen and examined the driving licence produced by the driver but also took the test of the driving of the driver and found that the driver was competent to drive the vehicle and thereafter appointed him as driver of the vehicle in question. Thus, the owner has satisfied ... | 1 | 1,578 | ### Instruction:
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### Input:
delay. After notice, the respondent Insurance Company has also filed a counter affidavit and the matter was listed today for final hearing. At this stage no purpose... |
756 | M/S Shinhan Apex Corporation Vs. M/S Euro Apex B.V | alteration in the draft deed forwarded by the respondent to the appellant when the final deed was executed in the deed dated 4.4.2012 and consequently, the appellant is bound to execute a transfer deed of assignment as per the draft sent by the award holder, namely, the respondent as was originally forwarded to the app... | 1[ds]14. Having regard to the said development which had taken place after the PFA dated 23.12.2011 which discloses that the appellant did not commit any default in complying with the direction of the said Award and, therefore, the present direction of the learned Judge in the impugned order was wholly unwarranted. If ... | 1 | 2,513 | ### Instruction:
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alteration in the draft deed forwarded by the respondent to the appellant when the final deed was executed in the deed dated 4.4.2012 and consequently, the appellant i... |
757 | Friends Colony Dev. Committee Vs. State Of Orissa | or by connivance. 21. The conduct of the builder in the present case deserves to be noticed. He knew it fully well what was the permissible construction as per the sanctioned building plans and yet he not only constructed additional built up area on each floor but also added an additional fifth floor on the building, a... | 1[ds]23. The municipal laws regulating the building construction activity may provide for regulations as to floor area, the number of floors, the extent of height rise and the nature of use to which a built-up property may be subjected in any particular area. The individuals as property owners have to pay some price fo... | 1 | 4,477 | ### Instruction:
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or by connivance. 21. The conduct of the builder in the present case deserves to be noticed. He knew it fully well what was the permissible construction as per the san... |
758 | Vijay Pandurang Palaskar Vs. The State of Maharashtra | has been acquitted by the Sessions Court although a blood stained knife was recovered at his instance. He submits that there was no reason for the Sessions Court to treat the accused Nos. 1 and 2 differently and hence the appellant is entitled to be acquitted. 5. PW-1 who is the complainant, was employed with Amar Soci... | 0[ds]14. Taking into consideration the evidence which was led before the Sessions Court, we find that the prosecution has established the circumstances which unmistakably point to the involvement of the appellant. The victim was last seen together in the Company of the appellant. The victim was found lying in a pool of... | 0 | 1,826 | ### Instruction:
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has been acquitted by the Sessions Court although a blood stained knife was recovered at his instance. He submits that there was no reason for the Sessions Court to treat the ... |
759 | State of Karnataka Vs. B. Raghurama Shetty Etc | it. The miller and the baker have consumed wheat and flour respectively in the course of their business. We have to understand the word consumes in section 6(i) of the Act in this economic sense. It may be interesting to note that this is the basis of the levy of Value Added Tax, popularly called as VAT, which is levie... | 1[ds]There is no merit in the submission made on behalf of the assessees that they had not consumed paddy when they produced rice from it by merely carrying out the process of dehusking at their mills. Consumption in the true economic sense does not mean only use of goods in the production of consumers goods or final u... | 1 | 2,341 | ### Instruction:
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### Input:
it. The miller and the baker have consumed wheat and flour respectively in the course of their business. We have to understand the word consumes in section 6(i... |
760 | M/s. Soul Jewels & Others Vs. M/s. Hanjer Biotech Energies P. Ltd. & Others | R.F. Nariman, J. 1. Leave granted. 2. By our order dated 21.08.2017, we recorded that the arguments have been concluded and liberty granted to the parties to file written submissions. We have perused the written submissions so filed. 3. The order under appeal dated 14.2.2014 notices that by an order dated 29.10.2013, t... | 0[ds]Clause 5.2.3.2 makes it clear that the investor must reasonably believe that there is a material misstatement or irregularity in the financial statements of the Company for the investor to have the right to appoint a special auditor of its choice at the cost of the Company. As correctly stated by the learned singl... | 0 | 560 | ### Instruction:
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### Input:
R.F. Nariman, J. 1. Leave granted. 2. By our order dated 21.08.2017, we recorded that the arguments have been concluded and liberty granted to the parties to file written submissions. W... |
761 | New Savan Sugar & Gur Refining Co. Ltd Vs. Commissioner Of Income-Tax, Calcutta | behalf of the assessee to the decision in Narain Swadeshi Weaving Mills v. Commissioner of Excess Profit Tax, 1954-26 ITR 765 = (AIR 1955 SC 176 ), in which the assessee firm carrying on a manufacturing business consisted of three partners, N and his two sons R and G. In April, 1940, a public limited company was incorp... | 1[ds]In order to examine the validity of this argument it is necessary to set out the relevant clauses of the indenture of lease.Clause (1) of the lease provided that the lease was for a term of five years commencing from 1st June, 1945, with an option to continue for a further term of five years and thereafter two fur... | 1 | 4,711 | ### Instruction:
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behalf of the assessee to the decision in Narain Swadeshi Weaving Mills v. Commissioner of Excess Profit Tax, 1954-26 ITR 765 = (AIR 1955 SC 176 ), in which ... |
762 | Hemiben Ladhabhai Bhanderi Vs. Saurashta Gramin Bank & Anr | SCDRC . 3. The spouse of the appellant, Ladhabhai Thakarsibhai Bhanderi, was an account holder with the first respondent at its Dhutarpur Branch in the District of Jamnagar in Gujarat. Oriental Insurance Company Limited had launched a group individual accident policy for the account holders of the Bank. Under the terms... | 1[ds]The Bank has complied with the order of the NCDRC by handing over a cheque in an amount of Rs 2 lakhs to the appellant. The appellant has declined to encash the cheque of Rs 2 lakhs paid towards compensation on the ground that she is entitled to the full compensation of Rs 5 lakhs as awarded by the District Forum8... | 1 | 1,114 | ### Instruction:
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SCDRC . 3. The spouse of the appellant, Ladhabhai Thakarsibhai Bhanderi, was an account holder with the first respondent at its Dhutarpur Branch in the District of Jam... |
763 | Jawahar Lal Sazawal Vs. State Of J & K | should have been followed. It was not even referred to. We could have allowed the appeal before us on this short ground, but since the issue raised affects a large number of employees, it is necessary to decide the issue on merits. 16. On the merits we may start by reaffirming the statement of the law laid down by this... | 1[ds]No statute or statutory rules have been drawn to our attention by which the permanent posts held by the appellants were abolished. The High Court held that the appellants status had been determined under Article 207 of the Regulations. The conclusion is based on an erroneous interpretation of the Article. To start... | 1 | 2,960 | ### Instruction:
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### Input:
should have been followed. It was not even referred to. We could have allowed the appeal before us on this short ground, but since the issue raised affects a large num... |
764 | Amulya Chandra Dey Vs. State of West Bengal | 1. The petitioner challenge the validity of a detention order and prays for the issue of a writ or order in the nature of habeas corpus and for releasing him from custody. 2. On November 25, 1971, the District Magistrate, 24 Paraganas, West Bengal, in the exercise of his power under the provisions of sub-section (1), r... | 1[ds]3.The petitioners counsel contended that the representation made by the petitioner, though received by the State Government on December 3, 1971, was disposed of only on December 22, 1971 and there was, therefore, undue delay in its disposal.To explain the delay, an affidavit was filed on behalf of the State Govern... | 1 | 691 | ### 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:
1. The petitioner challenge the validity of a detention order and prays for the issue of a writ or order in the nature of habeas corpus and for ... |
765 | H.S. Goutham and Anr Vs. Rama Murthy and Anr. Etc | O.S. No. 3376 of 1995 was maintainable. No error has been committed by the High Court in holding so. 13. Now, so far as the dismissal of I.A. No. 4 of 1999 by the learned Executing Court in the Execution Petition No. 232 of 1996 which was filed by the judgment debtors to set aside the court auction/sale dated 11.02.199... | 1[ds]9. At this stage, it is required to be noted that as per the relevant provisions of the Code of Civil Procedure, more particularly, Order XXI Rule 92 read with Order XXI Rule 94, once the sale is confirmed and the sale certificate has been issued in favour of the purchaser, the same shall become final.10. Now, so ... | 1 | 7,822 | ### 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:
O.S. No. 3376 of 1995 was maintainable. No error has been committed by the High Court in holding so. 13. Now, so far as the dismissal of I.A. No. 4 of ... |
766 | Prima Realty Vs. Union Of India And Ors | 66 lakhs and not Rs. 60 lakhs for which the cheque was sent on May 31, 1995, since the total amount paid as earnest money by the appellant was Rs. 66 lakhs. In the facts of the present case, we do not find any merit even in this contention. There is no dispute that the total amount of Rs. 3, 58, 84, 384, inclusive of R... | 1[ds]The appellant/transferee is awith the name Prima Realty but the cheque described the payee as Prime Reality Ltd. which referred to a different legal entity, a limited company, instead of a firm. The tender of the cheque could not, therefore, be treated as tender to the appellant. It was reasonable to assume that t... | 1 | 3,453 | ### Instruction:
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### Input:
66 lakhs and not Rs. 60 lakhs for which the cheque was sent on May 31, 1995, since the total amount paid as earnest money by the appellant was Rs. 66 lakhs. In the ... |
767 | Maimoona Khatun And Anr Vs. State Of U.P. And Anr | suspension from September 16, 1943 till December 12, 1953 when he was reinstated and again suspended from January 19, 1954 till February 23, 1956 when he was dismissed, his suit on October 6, 1956 is within a period of three years from the date of his reinstatement on December 12, 1953. Second, during the period of sus... | 1[ds]3. We have heard learned counsel for the parties and although we find that the question is not free from difficulty, the decisions of this Court show that the view taken by the High Court is legally erroneous.9. Thus, a careful perusal of the decision would clearly reveal that the actual question at issue in the p... | 1 | 5,241 | ### 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:
suspension from September 16, 1943 till December 12, 1953 when he was reinstated and again suspended from January 19, 1954 till February 23, 195... |
768 | Khazan Singh & Ors Vs. Hukam Singh & Ors | KHANNA, J.1. This appeal on certificate is against the order of Allahabad High Court whereby that Court dismissed in limine the writ petition filed by the appellants, seeking a writ of certiorari to quash the order dated June 15, 1964 of the Settlement officer and the order dated September 17, 1964 of the Deputy Direct... | 0[ds]In this respect we find that the Settlement Officer examined the entries in the revenue records. It was found that so far as the land in dispute is concerned, it was held in Fasli 1280 by Hriday Singh, who was the common ancestor of the parties. In 1307 Fasli, Himmat Singh, an ancestor of the appellants and Suraj ... | 0 | 763 | ### Instruction:
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### Input:
KHANNA, J.1. This appeal on certificate is against the order of Allahabad High Court whereby that Court dismissed in limine the writ petition filed by the appe... |
769 | Hindustan Steelworks Constrn Vs. Commr. Of Labour | the workmen of the contractor shall be the same as applicable to the workmen directly employed by the principal employer of the establishment on the same or similar kind of work:Provided that in the case of any disagreement with regard to the type of work, the same shall be decided by the Commissioner of Labour, Andhra... | 1[ds]11. The 4th respondent has, in the present case, obtained a licence under Section 12(1) ofthe Contract Labour (Regulation and Abolition) Act, 1970 in accordance with the Andhra Pradesh Contract Labour (Regulation and Abolition) Rules, 1971. The 4th respondent had applied for a licence under Rule 21 and the licence... | 1 | 3,460 | ### Instruction:
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### Input:
the workmen of the contractor shall be the same as applicable to the workmen directly employed by the principal employer of the establishment on the sa... |
770 | Essco Fabs Pvt. Ltd. Vs. State Of Haryana | ‘urgency and ‘unforeseen emergency. In case of ‘urgency falling under sub-section (1) of Section 17 or of ‘unforeseen emergency covered by sub-section (2) of Section 17, special powers may be exercised by appropriate Government but as held by a three Judge Bench decisions before more than four decades in Nandeshwar Pra... | 1[ds]In our opinion, therefore, the contention of learned counsel for the respondent authorities is not well founded and cannot be upheld that once a case is covered by sub-section (1) or (2) of Section 17 of the Act, sub-section (4) of Section 17 would necessarily apply and there is no question of holding inquiry or h... | 1 | 9,635 | ### Instruction:
Analyze the legal arguments presented and estimate the likelihood of the court accepting (1) or rejecting (0) the petition.
### Input:
‘urgency and ‘unforeseen emergency. In case of ‘urgency falling under sub-section (1) of Section 17 or of ‘unforeseen emergency covered by sub-section (2) of Section 1... |
771 | Puttamma & Others Vs. K.L. Narayana Reddy & Another | not earlier than the date of making the claim as may be specified in this behalf. Earlier, 12% was found to be the reasonable rate of simple interest. With a change in economy and the policy of Reserve Bank of India the interest rate has been lowered. The nationalised banks are now granting interest at the rate of 9% o... | 0[ds]64. In the appeal which was filed by the claimants before the High Court, the High Court instead of deciding the just compensation allowed meager enhancement of compensation. In doing so, the High Court introduced the concept of split multiplier and departed from the multiplier system generally used in light of th... | 0 | 14,688 | ### Instruction:
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### Input:
not earlier than the date of making the claim as may be specified in this behalf. Earlier, 12% was found to be the reasonable rate of simple interest. With a change... |
772 | Pepsu Roadways Transport Corpn. Through Its M.D. Vs. S.K.Sharma | therefore entitled to retiral benefits instead of CPF is acceptable or not. In this controversy, a judgment of this Court though rendered in slightly different factual matrix is substantially relevant and helpful. In D.R. Gurushantappa v. Abdul Khuddus Anwar and Ors., 1969 (1) SCC 466 an issue arose in the context of e... | 1[ds]are constrained to hold that the respondents had accepted to continue as employees of Corporation pursuant to order of merger/transfer of PEPSU Roadways with effect from 16.10.1956 and on completing their service under the Corporation and reaching the age of retirement they were entitled to receive only the benefi... | 1 | 5,144 | ### 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:
therefore entitled to retiral benefits instead of CPF is acceptable or not. In this controversy, a judgment of this Court though rendered in sli... |
773 | Acc Ltd Vs. State Of Kerala | the trade mark or brand name, the sale by the brand name holder or the trade mark holder within the state shall be the first sale for the purposes of this Act." 5. The learned senior counsel would contend that the Cochin Cement Limited is the brand name holder of the present appellant and, therefore, the sale at its ha... | 0[ds]6. On a conjoint reading of the aforesaid provisions, it is discernible that the Legislature has clearly expressed its intention to treat the sale by the brand name holder or the trade mark holder as the first sale.On a careful appreciation of the aforesaid decision, we find the factual matrix therein is explicitl... | 0 | 2,631 | ### Instruction:
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### Input:
the trade mark or brand name, the sale by the brand name holder or the trade mark holder within the state shall be the first sale for the purposes of th... |
774 | SHREE AMBICA MEDICAL STORES Vs. THE SURAT PEOPLES CO-OPERATIVE BANK LTD | his commission within twenty-four hours of the collection excluding bank and postal holidays. (5) The Central Government may, by rules, relax the requirements of sub-section (1) in respect of particular categories in insurance policies. (6) The Authority may, from time to time, specify, by the regulations made by it, t... | 0[ds]21. In the present case, the policy of insurance with a cover of Rs 60 lakhs for the period 2004-05 was issued for the location at B 205, Plot No 17-B, Village Karnaj. The insurance policy for 2005-06 was sought for different premises situated at 12/1123-1124, Basement, Meghdoot Apartment, Surat. The address menti... | 0 | 4,690 | ### Instruction:
Analyze the case proceeding and predict whether the appeal/petition will be accepted (1) or rejected (0).
### Input:
his commission within twenty-four hours of the collection excluding bank and postal holidays. (5) The Central Government may, by rules, relax the requirements of sub-section (1) in resp... |
775 | State Of Assam & Anr Vs. Gauhati Municipal, Board | natural justice required that the Board should have been given a personal hearing and an opportunity to produce materials in support of the explanation. We should have thought that when the Board is given a notice as required by S. 298 it would naturally submit its explanation supported by facts and figures and all rel... | 1[ds]6. We are of opinion that the appeal must succeed.(i)7. It is not necessary in the present appeal to decide whether the proceedings resulting in an order under S. 298 of the Act are quasi-judicial proceedings or merely administrativeit is clear from these facts that the appellant acted in full compliance with the ... | 1 | 2,443 | ### 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:
natural justice required that the Board should have been given a personal hearing and an opportunity to produce materials in support of the explan... |
776 | Subrata Roy Sahara Vs. Uoi & Ors | Court in, Rupa Ashok Hurra’s case (supra), the relevant observations wherefrom, have already been extracted hereinabove. 142. Last of all, we shall endavour to deal with the submission advanced by Dr. Rajeev Dhawan, learned Senior Counsel, to the effect that the instant petition was maintainable in exercise of the juri... | 1[ds]. We are of the view, thata genuine plea of bias alone, could have caused us to withdraw from the matter, and require it to be heard by some other Bench. Detailed submissions on the allegations constituting bias, were addressed well after proceedings had gone on for a few weeks, the same have been dealt with separ... | 1 | 67,751 | ### Instruction:
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### Input:
Court in, Rupa Ashok Hurra’s case (supra), the relevant observations wherefrom, have already been extracted hereinabove. 142. Last of all, we shall endavour to deal with the submissi... |
777 | UNION OF INDIA & ORS Vs. M/S. RAJ GROW IMPEX LLP & ORS | judiciously and with due regard to the relevant factors. 92. In addition to the general principles for exercise of discretion, as discussed hereinbefore, a few features specific to the matters of interim relief need special mention. It is rather elementary that in the matters of grant of interim relief, satisfaction of... | 1[ds]51. As noticed, the respondent-importers approached the High Court with the grievance that the goods were not being released despite the orders-in-original dated 28.08.2020 having been passed in their favour; and they having made the payments (in whole in the case ofand partially in the case of) and having obtaine... | 1 | 39,107 | ### 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:
judiciously and with due regard to the relevant factors. 92. In addition to the general principles for exercise of discretion, as discussed here... |
778 | Graham Trading Company (India) Limited Vs. Their Workmen | with the question of an implied term of the condition of service, it would be difficult to ignore the statement expressly made by the employer while making the payment from year to year.6. The question, however, whether the payment in this case was customary and traditional, still remains to be considered.In dealing wi... | 0[ds]8. The condition that the payment should have been made in years of loss also to exclude the hypothesis that it was paid only because profits had been made, has also been satisfied, for the evidence is that payments were made in at least two years of loss. Lastly, the condition that payment should have been at a u... | 0 | 2,362 | ### 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:
with the question of an implied term of the condition of service, it would be difficult to ignore the statement expressly made by the employer w... |
779 | UNION OF INDIA & ANR Vs. COL. A.D. NARGOLKAR & ORS | Col AD Nargolkar if the need arose.? 33. Notwithstanding the same, the COI has come to the findings that allegations in the complaint stood proved. It has based its findings by taking into consideration the following two aspects:(a) The Officer has given an unconditional apology on September 22, 2007 to Mr. Pundir expr... | 0[ds]TA No. 8 of 201317. Having regard to the aforesaid outcome of the two OAs, insofar as earlier decision of AFT dated February 18, 2014 passed inTA No. 8 of 2013is concerned, it is rendered infructuous. As mentioned above, in that order, the AFT has directed that the case of the Officer be reconsidered for the purpo... | 0 | 7,210 | ### Instruction:
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### Input:
Col AD Nargolkar if the need arose.? 33. Notwithstanding the same, the COI has come to the findings that allegations in the complaint stood proved. It ... |
780 | NILAY GUPTA Vs. CHAIRMAN NEET PG MEDICAL AND DENTAL ADMISSION/COUNSELLING BOARD 2020 AND PRINCIPAL GOVT. DENTAL COLLEGE & ORS | of the writ petitioners before him. However, the broad nature of the relief granted resulted in creation of rights which, implicated parties had not in the first instance, approached the High Court (unlike Dr. Nilay Gupta or Dr. Surmil Sharma), at the cost of third parties who had by then been given admission based on ... | 1[ds]20. The provisions of the Rajasthan University of Health Sciences Act, 2005 (Section 7) throws open admission to all courses, offered by medical colleges affiliated to the University, to be open to all, subject to such reservations as may be made in favour of Scheduled Caste, Scheduled tribe, Other backward classe... | 1 | 8,358 | ### Instruction:
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### Input:
of the writ petitioners before him. However, the broad nature of the relief granted resulted in creation of rights which, implicated parties had not in the first instance, approached... |
781 | UNION OF INDIA Vs. TECH MAHINDRA BUSINESS SERVICES LTD (FORMERLY KNOWN AS HUTCHINSON GLOBAL SERVICES LTD ) | Kurian Joseph, J. - The whole dispute in this case stems out of a show cause notice issued to the respondent on 27.02.2013, which was challenged before the High Court of Bombay leading to judgment in Writ Petition No.529 of 2013. The relevant paragraph of the judgment reads as follows:- 4. If the petitioner is directed... | 1[ds]According to the learned senior counsel for the appellant, there are valid notifications in that regard having force of law and also on the quantum. However, we do not find that any such material was available before the Tribunal. Bereft of such information only, the Tribunal ultimately passed the impugned order i... | 1 | 1,021 | ### Instruction:
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### Input:
Kurian Joseph, J. - The whole dispute in this case stems out of a show cause notice issued to the respondent on 27.02.2013, which was challenged before the High Court of Bombay leading ... |
782 | Union Of India And Anr Vs. B. N. Prasad | passing an order in terms of Section 138 of the Railways Act. The magistrate accepted the application and directed the eviction of the respondent.2. The respondent thereupon filed a writ petition in the High Court, mainly on the ground that Section 138 could not be invoked as the complaint was not made by an authorized... | 1[ds]All that Section 138 requires is that the application should be filed on behalf of the railway administration. There can be no doubt that the appellant was a high officer of the railway administration and, therefore, in a position to file an application for eviction on behalf of the railway administration. Section... | 1 | 1,274 | ### Instruction:
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### Input:
passing an order in terms of Section 138 of the Railways Act. The magistrate accepted the application and directed the eviction of the respondent.2. The respondent ... |
783 | V.M. Shah Vs. State Of Maharashtra And Anr | The Company failed to prove that the appellant is a licensee of the suit premises. It also failed to prove that the premises were given to the appellant in lieu of his services. On the other hand, the appellant proved that he is a monthly tenant of the premises with the landlords Badami etc. Accordingly, the suit was d... | 1[ds]11. As seen that the civil court after full dressed trial recorded the finding that the appellant had not come into possession through the Company but had independent tenancy rights from the principal landlord and, therefore, the decree for eviction was negatived. Until that finding is duly considered by the appel... | 1 | 1,619 | ### Instruction:
Using the case data, forecast whether the court is likely to side with (1) or against (0) the appellant/petitioner.
### Input:
The Company failed to prove that the appellant is a licensee of the suit premises. It also failed to prove that the premises were given to the appellant in lieu of his service... |
784 | Mukti Lal Agarwala Vs. Trustees Of The Provident Fund Ofthe Tin Plate Co. Of Ind | forfeiture and to the satisfaction of the liens, the deposit with interest was repayable to the member on his ceasing from any cause to be a member. The facts were, therefore, very different. Anandrao v. Vishwanath Watuji, 1944 Nag 144 (AIR V. 31) (I) is again a case where the money ceased to belong to the employee and... | 1[ds]14.It is reasonably clear from these rules that a subscriber has a present interest in the Fund though the moneys may become payable to him, or his nominee or heirs only in the future. Even where there is a declaration about the nominee who is to receive payment after the subscribers death, the fund would still be... | 1 | 4,527 | ### Instruction:
Analyze the legal arguments presented and estimate the likelihood of the court accepting (1) or rejecting (0) the petition.
### Input:
forfeiture and to the satisfaction of the liens, the deposit with interest was repayable to the member on his ceasing from any cause to be a member. The facts were, th... |
785 | Municipal Corpn. of Gr. Bombay Vs. Devidayal Electronics and Wires Limited | except for a fractional loss of 1%. It is also not in dispute that there is no change in the chemical composition of the product by the process undertaken. The trial Judge, therefore, held and, in our judgment, very rightly that the process can by no stretch of imagination be treated as manufacturing activity. Shri Dal... | 0[ds]( 6 ) THE first question which requires answer is whether the process employed in the case of bars and rods is a process which can be treated as a manufacturing activity as claimed by the corporation. It is nowby catena of decisions that the expression manufacture implies change, but every change is not manufactur... | 0 | 2,992 | ### Instruction:
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### Input:
except for a fractional loss of 1%. It is also not in dispute that there is no change in the chemical composition of the product by the process undertaken. T... |
786 | M/s. K.K. Ploycolor India Ltd. & Others Vs. Global Trade Finance Ltd. & Another | T.S. Thakur, J. 1. Leave granted. 2. These appeals arise out of an order dated 15th September, 2010 passed by the High Court of Judicature at Bombay whereby Crl. Application Nos.1491, 2759 and 2760 of 2010 have been allowed and the orders passed by the Magistrate set aside and the matter remitted back to the Magistrate... | 1[ds]4. A plain reading of the orders passed by the High Court would show that the judgment proceeds entirely on the authority of the decision of this Court in K. Bhaskarans case (supra). That decision has been reversed by this Court in Dashrath Rupsingh Rathod v. State of Maharashtra and Anr. (2014) 9 SCALE 97. This ... | 1 | 524 | ### Instruction:
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### Input:
T.S. Thakur, J. 1. Leave granted. 2. These appeals arise out of an order dated 15th September, 2010 passed by the High Court of Judicature at Bombay whereby C... |
787 | Trimbak Gangadhar Telang and Another Vs. Ramchandra Ganesh Bhide and Others | rent during the years in question at the rate of Rs. 20 per bigha was Rs. 320 per year which was payable by the three tenants (respondents); that as the reasonable rent could not be in excess of the agreed rent and the respondent had not claimed that the agreed rent was in excess of the reasonable rent, the agreed rent... | 0[ds]3. As would be apparent from the above narrative, the instant case does not involve any substantial question of law of general or public importance. Although counsel for the appellants has strenuously assailed the correctness of the findings of the Revenue Tribunal and of the High Court, we are unable to accede to... | 0 | 2,565 | ### Instruction:
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### Input:
rent during the years in question at the rate of Rs. 20 per bigha was Rs. 320 per year which was payable by the three tenants (respondents); that as the reaso... |
788 | Bhola and Another Vs. Murthi Mandir Shri Jai Narayanji and Another | KRISHNA IYER, J.1. This is an appeal by special leave by a tenant who lost in the High Court although he had succeeded before the Board of Revenue and the Revenue Appellate Authority. The subject-matter of the litigation stems from a suit for a declaration by the plaintiff (who is the appellant before us) to the effect... | 1[ds]2. After a full debate of the case, it became fairly plain that whether the version of the plaintiff or of the defendant were true on fact, the plaintiff was entitled to the status of khatedar tenant. However at the end of the arguments, Shri Tarkunde appearing for the appellants stated that now that he was sure o... | 1 | 336 | ### Instruction:
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### Input:
KRISHNA IYER, J.1. This is an appeal by special leave by a tenant who lost in the High Court although he had succeeded before the Board of Revenue and the Reve... |
789 | B.S. Yadav & Anr Vs. Chief Manager, Central Bank Of India & Ors | the Bank and the government found that it would be unjust and unfair to reduce the age of superannuation from 60 years in the case of such employees and, therefore, did not alter the said condition of service. In the absence of any alteration they were entitled to continue to be in service till they attained 60 years o... | 0[ds]14. On the Regulations coming into force in 1979 petitioner 1 was served with a notice dated February 25, 1980 issued by the chief Manager of the Bank stating that he would be treated as finally retired from the Banks service after the close of business on February 29, 1980 on completion of 58 years of age. The ab... | 0 | 5,041 | ### Instruction:
Examine the case narrative and anticipate the court's decision: will it result in an approval (1) or disapproval (0) of the appeal?
### Input:
the Bank and the government found that it would be unjust and unfair to reduce the age of superannuation from 60 years in the case of such employees and, there... |
790 | Vajesingh Salambhai Naik & Ors Vs. State Of Gujarat & Anr | the Tribunal, the disposal by the Tribunal, or a bench thereof, of any proceedings before it notwithstanding that in the course thereof there has been a change in the persons sitting as members of the Tribunal or bench; and generally for the effective exercise of its powers and discharge of its functions under this Act... | 1[ds]On a consideration of the language of Section 17 (1) of the Jagirs Abolition Act and in the context of S. 20 of the Jagirs Abolition Act we are of the opinion that it is obligatory on the part of the Tribunal to decide an appeal on merits even though there is default in the appearance of the appellants and to reco... | 1 | 2,659 | ### Instruction:
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the Tribunal, the disposal by the Tribunal, or a bench thereof, of any proceedings before it notwithstanding that in the course thereof there has been a change in t... |
791 | DEPUTY COMMISSIONER OF INCOME TAX, CHENNAI Vs. T. JAYACHANDRAN | a broker or agent to the Indian Bank and the order of the High Court was well within the parameters of law and requires no interference. 9. We have heard learned counsel for both the parties and perused the factual matrix of the case. Discussion:- 10. The answer to the short question whether the alleged interest payabl... | 0[ds]10. The answer to the short question whether the alleged interest payable to the PSUs can be assessed as an income of the Respondent depends on the determination of true nature of relationship between the Indian Bank and the Respondent with regard to the transactions in question and the capacity in which he held t... | 0 | 2,508 | ### Instruction:
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### Input:
a broker or agent to the Indian Bank and the order of the High Court was well within the parameters of law and requires no interference. 9. We have hear... |
792 | Sri Sarangadevar Peria Matam And Another Vs. Ramaswamy Gounder (Dead) By Legal Representatives | rights by the appointment of a receiver having authority to sue on its behalf, or by the institution of a suit in its name by a next friend appointed by the Court. With due diligence, the math or those interested in it may avoid the running of time. The running of limitation against the math under Art. 144 is not suspe... | 0[ds]6. We are inclined to accept the respondents contention. Under Art. 144 of the Indian Limitation Act, 1908, limitation for a suit by a math or by any person representing it for possession of immovable properties belonging to it runs from the time when the possession of the defendant becomes adverse to the plaintif... | 0 | 2,818 | ### Instruction:
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### Input:
rights by the appointment of a receiver having authority to sue on its behalf, or by the institution of a suit in its name by a next friend appointed by the C... |
793 | Narendra Vs. K.Meena | any reason to justify the said view of the High Court. As stated hereinabove, in a Hindu society, it is a pious obligation of the son to maintain the parents. If a wife makes an attempt to deviate from the normal practice and normal custom of the society, she must have some justifiable reason for that and in this case,... | 1[ds]The constant persuasion by the Respondent for getting separated from the family members of the Appellant and constraining the Appellant to live separately and only with her was also not considered to be of any importance by the High Court. No importance was given to the incident with regard to an attempt to commit... | 1 | 3,088 | ### Instruction:
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any reason to justify the said view of the High Court. As stated hereinabove, in a Hindu society, it is a pious obligation of the son to maintain the p... |
794 | Begulla Bapi Raju Etc Vs. State of Andhra Pradesh Etc | defined in s.3 (i) of the Andhra Pradesh Act. It reads:"3(i) holding means the entire land held by a person, -(i) as an owner;(ii) as a limited owner;(iii)as a usufructuary mortgage;(iv) as a tenant;(v) who is in possession by virtue of a mortgage by conditional sale or through part performance of a contract for the sa... | 0[ds]It will thus be clear that the ceiling area in case of an individual who is not a member of the family unit is equivalent to one standard holding and so also in the case of a family unit with not more than five members the ceiling area is the same. But if the family unit consisted of more than five members the cei... | 0 | 5,835 | ### Instruction:
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### Input:
defined in s.3 (i) of the Andhra Pradesh Act. It reads:"3(i) holding means the entire land held by a person, -(i) as an owner;(ii) as a limited owner;(iii)as a usuf... |
795 | Central Bank of India Vs. State of Kerala and Ors. | therefore, to say that the rights of the borrower would be defeated without adjudication would be erroneous. Rule 8 of the Security Interest (Enforcement) Rules, 2002 (2002 Rules) deals with the stage anterior to the issuance of sale certificate and delivery of possession under Rule 9. Till the time of issuance of sale... | 0[ds]14. The ratio of the above noted judgments is that Article 254 gets attracted only when both Central and State legislations have been enacted on any of the matters enumerated in List III in Seventh Schedule and there is conflict between two legislations. Though in State of West Bengal v. Kesoram Industries Ltd. (s... | 0 | 27,303 | ### 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:
therefore, to say that the rights of the borrower would be defeated without adjudication would be erroneous. Rule 8 of the Security Interest (Enforcement) Rul... |
796 | Carona Shoe Co. Ltd. And Anr Vs. K.C. Bhaskaran Nair | 1 SCC 424 : (1974) 2 SCR 629 ). The observations are that the definitions of landlord and tenant might apply even if the contractual tenancy has come to an end. But that is not the situation here in the instant case. In the said case, Bhagwati, J. as the Chief Justice then was, in his judgment at page 439 of the report... | 0[ds]11. These contentions, in our opinion, are concluded by the decision of this Court in Pomal Kanji Govindji v. Vrajlal Karsandas Purohit (1989) 1 SCC 458 ), wherein it was held that except in cases where the leases specifically and categorically make exceptions in favour of the tenants that they would continue to b... | 0 | 4,523 | ### Instruction:
Based on the legal narrative and evidentiary details in the case proceeding, predict the court's stance: favorable (1) or unfavorable (0) to the appellant.
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1 SCC 424 : (1974) 2 SCR 629 ). The observations are that the definitions of landlord and tenant might apply even if the contractual te... |
797 | STATE OF U.P Vs. SUDHIR KUMAR SINGH AND OTHERS | According to him, the Writ Petition only prayed for a quashing of the cancellation order dated 26.07.2019 of the second tender. The High Court went way beyond, and not only quashed the aforesaid cancellation, but also quashed the enquiry report of the Managing Director dated 14.06.2019, as well as the order passed by t... | 1[ds]18. Having heard learned counsel for all the parties, one thing becomes clear. Despite the fact that the prayer in the Writ Petition filed by Respondent No.1 was set out in the very beginning of the impugned judgment, confining itself to the cancellation of the second tender, the impugned judgment went ahead and n... | 1 | 3,948 | ### Instruction:
Based on the legal narrative and evidentiary details in the case proceeding, predict the court's stance: favorable (1) or unfavorable (0) to the appellant.
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According to him, the Writ Petition only prayed for a quashing of the cancellation order dated 26.07.2019 of the second tender. The Hig... |
798 | GARGI Vs. STATE OF HARYANA | this regard, it gets perforce reiterated that the prosecution has not produced any evidence which could displace the statement of DW-3 that he indeed informed the police at the asking of the appellant at about 9.30 p.m. on 01.05.1997 and did also inform the brother of the deceased. As noticed, PW-9 ASI Amar Singh did n... | 1[ds]10. Having given anxious consideration to the rival submissions and having scanned through the entire record with reference to law applicable, we are impelled to say at the outset of discussion that in this matter, several fundamental shortcomings in the investigation and several loopholes in the prosecution propo... | 1 | 18,474 | ### Instruction:
Using the case data, forecast whether the court is likely to side with (1) or against (0) the appellant/petitioner.
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this regard, it gets perforce reiterated that the prosecution has not produced any evidence which could displace the statement of DW-3 that he indeed informed the police at th... |
799 | Associated Building Company Limited and Others Vs. Union of India and Others | instruments, machinery, equipments, automobiles and other vehicles and goods under production or in transit, cash balances, reserve funds, investments and booklets and all other rights and interests in or arising out of such property as were, immediately before the appointed day, in the ownership, possession, power or ... | 1[ds]It is impossible to accede to the submission. The respondents could not produce any document or any material to indicate that Tata Mills Limited was occupying portion of the Bombay House as lessees. We repeatedly enquired from the learned Counsel for the respondents as to whether there is any document to indicate ... | 1 | 2,995 | ### Instruction:
Evaluate the arguments and evidence in the case and predict the verdict: is an acceptance (1) or rejection (0) of the appeal more probable?
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instruments, machinery, equipments, automobiles and other vehicles and goods under production or in transit, cash balances, reserve funds, investments ... |
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