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900 | National Insurance Co. Ltd Vs. Sky Gems | the consignee, M/s. Emdico (London) Limited, for the original Policies of Insurance together with all correspondence exchanged with the postal authorities concerning their liability, and also a clarification as to whether they had remitted full payment of the value of the missing merchandise to the Indian suppliers. In... | 0[ds]5. From the above correspondence, it is evident that the consignee, Emdico (London) Limited, did not pay the value of the missing merchandise to the respondent. There is no evidence to show that the necessary documents were endorsed in favour of the consignee and that they were transferred to them. These facts wil... | 0 | 1,912 | ### Instruction:
From the information provided in the case proceeding, infer whether the court's decision will be positive (1) or negative (0) for the appellant.
### Input:
the consignee, M/s. Emdico (London) Limited, for the original Policies of Insurance together with all correspondence exchanged with the postal aut... |
901 | PUNJAB STATE POWER CORPORATION LIMITED & ANR Vs. BAL KRISHAN SHARMA & ORS | 6 SCC 446 : 2001 SCC (L&S) 976] . Power of the Board to issue circulars, therefore, was not in dispute. The validity of the said circular letters was not in question. 16. In the instant case, apart from the fact that the respondents had not challenged the validity of the said office order dated 29.03.1990 in the writ p... | 1[ds]11. At the outset, it may be noted that the respondents (original petitioners) in the writ petition had prayed for granting the pay scale of Rs. 2200-4250 with initial start of Rs. 2400/- per month with effect from 01.01.1986 and further to grant the pay scale of Rs. 3000-5600 on completion of 16 years of their se... | 1 | 5,345 | ### Instruction:
Analyze the case proceeding and predict whether the appeal/petition will be accepted (1) or rejected (0).
### Input:
6 SCC 446 : 2001 SCC (L&S) 976] . Power of the Board to issue circulars, therefore, was not in dispute. The validity of the said circular letters was not in question. 16. In the instant... |
902 | British India Steam Navigation Co. Ltd Vs. Jasjit Singh Additional Commissioner Of Customs | dismissed on July 7, 1961. It is against this order of the Letters Patent Bench that the appellant has come to this Court in the present appeal.5. Civil Appeal No. 312 of 1963 has been preferred by the Everett Orient Line Incorporated against the order of the Collector of Customs imposing a fine of Rs. 26 lakhs in lieu... | 0[ds]7. We have heard all these matters together because they raise the same question which was raised for our decision by the appellant in C.A. No. 770 of 1962 [1983 (13) E.L.T. 1392 (S.C.)]. If these matters had not been placed together for hearing along with the said civil appeal, we would not have entertained them,... | 0 | 1,665 | ### 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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dismissed on July 7, 1961. It is against this order of the Letters Patent Bench that the appellant has come to this Court in the presen... |
903 | Maharaja Shree Umaid Mills Ltd Vs. Union Of India | Article to show that it fetters for all time to come, the power of the Union Legislature to make modifications or changes in the rights, liabilities etc. which have vested in the Government of India. The express provisions of Art. 295 (10) deal with only two matters, namely, (1) vesting of certain, property and assets ... | 0[ds]As to the first line of argument we have come to the conclusion that the agreement of April 17, 1941, rests solely on the consent of the parties; it is entirely contractual in nature and is not law, because it has none of the characteristics ofour view, none of the aforesaid decisions go the extent of laying down ... | 0 | 8,531 | ### 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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Article to show that it fetters for all time to come, the power of the Union Legislature to make modifications or changes in the rights, liabili... |
904 | Smt. Sefali Roy Chowdhary and Ors Vs. A.K. Dutta | Act was dismissed. The plaintiff moved the High Court in revision against this order. The revision case was disposed of on February 16, 1968, the learned Judge maintained the order rejecting the application under section 14(4) but set aside the finding on issue No. 9 and held that "for the purposes of the present suit ... | 1[ds]It thus appears that the High Court was of the view that in spite of section 40 providing that a pending proceeding would continue to be governed by the provisions of 1950 Act as if that Act had not been repealed or had not expired, the order made under section 16(3) of the 1956 Act must be given effect to. The Hi... | 1 | 2,351 | ### Instruction:
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Act was dismissed. The plaintiff moved the High Court in revision against this order. The revision case was disposed of on February 16, 1968, the learn... |
905 | S. L. Kapoor Vs. Jagmohan & Ors | on to describe the maxim as "one of the rules generally accepted in the bundle of the rules making up natural justice."It is the recognition of the importance of the requirement that justice is seen to be done that justifies the giving of a remedy to a litigant even when it may be claimed that a decision alleged to be ... | 1[ds]It is not always a necessary inference that if opportunity is expressly provided in one provision and not so provided in another, opportunity is to be considered as excluded from that other provision. It may be a weighty consideration to be taken into account but the weightier consideration is whether the administ... | 1 | 8,853 | ### Instruction:
Interpret the case information and speculate on the court's decision: acceptance (1) or rejection (0) of the presented appeal.
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on to describe the maxim as "one of the rules generally accepted in the bundle of the rules making up natural justice."It is the recognition of the importance of th... |
906 | M/S UNICORN INDUSTRIES Vs. UNION OF INDIA | Private Limited v. Union of India, 1986 SCC Supp. 557, has followed the decision of Modi Rubber Limited (supra). The decision in Modi Rubber Limited (supra) squarely covers the issue and is rendered by a Co-ordinate Bench. 39. Rule 8 of Central Excise Rules, 1944, authorises the Central Government to grant an exemption... | 0[ds]15. It is not disputed that the Government of India took a policy decision, Ministry of Industry, Department of Industrial Policy and Promotion vide Office Memorandum dated 24.12.1997, concerning new industrial policy and concessions in the North-Eastern region. The decision was taken for converting the Growth Cen... | 0 | 13,498 | ### Instruction:
Analyze the legal arguments presented and estimate the likelihood of the court accepting (1) or rejecting (0) the petition.
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Private Limited v. Union of India, 1986 SCC Supp. 557, has followed the decision of Modi Rubber Limited (supra). The decision in Modi Rubber Limited (supra) squarely c... |
907 | SHIV DEVELOPERS THROUGH ITS PARTNER SUNILBHAI SOMABHAI AJMERI Vs. AKSHARAY DEVELOPERS & ORS | apply to a suit for enforcement of right arising from a contract entered into by the unregistered firm with a third party in the course of business dealings with such third party. If the right sought to be enforced does not arise from a contract to which the unregistered firm is a party, or is not entered into in conne... | 1[ds]13. Having given anxious consideration to the rival submissions and having examined the record with reference to the law applicable, we are clearly of the view that the impugned judgment and order dated 15.02.2018, as passed by the High Court, cannot be sustained and the bar of Section 69(2) of the Act of 1932 is ... | 1 | 7,570 | ### 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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apply to a suit for enforcement of right arising from a contract entered into by the unregistered firm with a third party in the course of business dea... |
908 | G.M. Tanda Thermal Power Project Vs. Jai Prakash Srivastava | conducting pairvi on behalf of the project in the cases of land acquisition. The learned Labour Court, however, was of the opinion that as the salary of the first respondent was made available to the Land Acquisition Officer from the funds provided for by the appellant, a relationship of employer and employee came into... | 1[ds]The High Court, furthermore, committed a serious error insofar as it failed to take into consideration that a direction for reinstatement cannot be issued when there does not exist any post. Requirement of the Special Land Acquisition Officer to have the services of some employees was for a short period. No such p... | 1 | 1,463 | ### Instruction:
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conducting pairvi on behalf of the project in the cases of land acquisition. The learned Labour Court, however, was of the opinion that as the salary of... |
909 | Om Prakash Vs. Reliance General Insuarance | Forum, Hissar (for short `District Forum), under Section 12 of the Consumer Protection Act, 1986, inter alia, seeking a direction to the respondent-company for payment of claim amount with an interest @ 18% per annum, along with compensation of Rs. 1,00,000/- to the appellant. Written statement was filed by the respond... | 1[ds]11. It is common knowledge that a person who lost his vehicle may not straightaway go to the Insurance Company to claim compensation. At first, he will make efforts to trace the vehicle. It is true that the owner has to intimate the insurer immediately after the theft of the vehicle. However, this condition should... | 1 | 1,434 | ### 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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Forum, Hissar (for short `District Forum), under Section 12 of the Consumer Protection Act, 1986, inter alia, seeking a direction to the respond... |
910 | Inderjeet Arya Vs. Icici Bank Ltd | K.S. Radhakrishnan, J. Leave granted. 2. We are, in this case, concerned with the question whether the appellants who are Directors and Guarantors of a sick company and are entitled to get the protection of Section 22(1) of the Sick Industrial Companies (Special Provisions) Act, 1985 (for short ?the SICA).3. M/s Rajat ... | 0[ds]7. This Court, in KSL and Industries Limited (supra) took the view that even though both the conflicting statutes SICA and Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (for short the ?RDDB?) contain aclause, in case of conflict the RDDB Act, 1993 will prevail over SICA, so far as public reve... | 0 | 976 | ### Instruction:
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K.S. Radhakrishnan, J. Leave granted. 2. We are, in this case, concerned with the question whether the appellants who are Directors and Guarantors of a sick company... |
911 | Syed Mohammad Vs. Union Of India | Kurian Joseph, J.1. Leave granted.2. The appellants are before this Court, aggrieved by the Judgment of the High Court of Judicature at Allahabad. The issue pertains to the selection for promotion from the post of Clerk to that of Officer.3. The process of selection, as prescribed, reads as follows :-"Selection process... | 1[ds]7. We find it difficult to appreciate the contention in the background of the rules, which we have extracted above. The selection process is by way of a written test, interview and performance appraisal of the previous years. The total marks are 100. There is also a further significant stipulation that there are n... | 1 | 594 | ### 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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Kurian Joseph, J.1. Leave granted.2. The appellants are before this Court, aggrieved by the Judgment of the High Court of Judicature at Allahabad. The issue pertains to the se... |
912 | Badri Prasad Vs. The State of Madhya Pradesh and Anr | rights of the petitioners which could support the petitions which were presented under Article 32 of the Constitution."8. The Court then construed the agreements in question and came to the conclusion that the agreements could not be said to be contracts of sale of goods simpliciter. Then the Court examined the provisi... | 0[ds]4. The Act and the rights of persons holding contracts to cut and take away timber and fruits of the trees have been the subject-matter of consideration by this Court on several occasions. But the learned counsel for the plaintiff contends that none of those cases cover the case of the plaintiff because, according... | 0 | 4,850 | ### 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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rights of the petitioners which could support the petitions which were presented under Article 32 of the Constitution."8. The Court then constru... |
913 | Karsanbhai Dahyabhai Parmar Vs. Dahiben D/o Dahyabhai Dabhaibhai & Others | 1. We have heard the learned counsels for the parties. 2. Three courts including the High Court in Second Appeal have decreed the suit of the plaintiffs for partition. The plaintiff No.1- Dahiben is the daughter of plaintiff No.2 - Bai Jethu. The property in respect of which partition was prayed for in the suit belong ... | 1[ds]5. Interference by this Court in an appeal upon grant of special leave under Article 136 of the Constitution of India where consistent views have been taken by three courts is a rare event. However, we are left with no doubt in the mind that the present is one such occasion. Under Section 197 of the Baroda Hindu N... | 1 | 1,034 | ### 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. We have heard the learned counsels for the parties. 2. Three courts including the High Court in Second Appeal have decreed the suit ... |
914 | M/S DEEP INDUSTRIES LTD Vs. OIL AND NATURAL GAS CORPORATION LTD | into and deciding the Section 17 application. In point of fact, the Arbitral Tribunal was well within its jurisdiction in referring to the contract and the ban order and then applying the law and finally issuing the stay order. Even if it be accepted that the principle laid down by Section 41(e) of the Specific Relief ... | 1[ds]11. Given the aforesaid statutory provision and given the fact that the 1996 Act repealed three previous enactments in order that there be speedy disposal of all matters covered by it, it is clear that the statutory policy of the Act is that not only are time limits set down for disposal of the arbitral proceeding... | 1 | 5,766 | ### Instruction:
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into and deciding the Section 17 application. In point of fact, the Arbitral Tribunal was well within its jurisdiction in referring to the contract and the ban order and then applyin... |
915 | Dasin Bai @ Shanti Bai Vs. State Of Chhattisgarh | evidence. It therefore emerges that both the dying declarations are recorded by independent witnesses and the same give a true version of the occurrence as stated by the deceased. The dying declarations are themselves sufficient to hold the appellant guilty. The High Court has rightly interfered in an appeal against ac... | 0[ds]12. For the factual situation before us, we find that there is consistency between the statements of Santosh Yadav (PW1), and Radheyshyam (PW3), who were present when Raju gave the oral dying declaration in the hospital, before he succumbed to the injuries. There is consistency in their statements, both stated tha... | 0 | 2,119 | ### Instruction:
Examine the case narrative and anticipate the court's decision: will it result in an approval (1) or disapproval (0) of the appeal?
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evidence. It therefore emerges that both the dying declarations are recorded by independent witnesses and the same give a true version of the occurrence as sta... |
916 | Municipal Corporation Of City Of Hubli Vs. Subha Rao Hanumatharao Prayag & Ors | levy of tax for an official year and that the tax should be legally leviable at any time after the close of the official year. There is, in our opinion, sufficient indication in the various provisions of the Act to show that the authentication of the assessment list, in order to be valid and effective, must be made wit... | 0[ds]But, apart from this consideration, there is inherent evidence in the sections themselves which shows that the authentication was intended by the legislature to be a step which must be taken before the close of the official year. Section 84 provides that it shall not be necessary to prepare a new assessment list e... | 0 | 4,565 | ### Instruction:
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levy of tax for an official year and that the tax should be legally leviable at any time after the close of the official year. There is, in our opinion, sufficient ... |
917 | Abdul Aziz Aminudin Vs. State Of Maharashtra | therefore of opinion that the provision in clause 5 of the Order empowering the licensing authority to attach a condition to the effect that the goods covered by the licence shall not be disposed of except in the manner prescribed by the licensing authority is a valid provision which comes within the powers conferred b... | 0[ds]This observation cannot be applicable to the interpretation of the content of the words import and export in the Act in the present case.It is clear therefore that the power conferred under Section 3(1) of the Act is not restricted merely to prohibiting or restricting imports at the point of entry but extends also... | 0 | 3,306 | ### 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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therefore of opinion that the provision in clause 5 of the Order empowering the licensing authority to attach a condition to the effect that the... |
918 | Sudhir Kumar and Others Vs. Baldev Krishna Thapar and Others | a fresh lease or the decree holders merely granted an extension of time for delivery of possession of the premises demised essentially depends on the intention of the parties who entered into the compromise as could be gathered from the compromise petition as well as the compromise decree. It is necessary to note that ... | 0[ds]The question whether under the terms of the compromise the parties entered into a fresh lease or the decree holders merely granted an extension of time for delivery of possession of the premises demised essentially depends on the intention of the parties who entered into the compromise as could be gathered from th... | 0 | 2,347 | ### Instruction:
Interpret the case information and speculate on the court's decision: acceptance (1) or rejection (0) of the presented appeal.
### Input:
a fresh lease or the decree holders merely granted an extension of time for delivery of possession of the premises demised essentially depends on the intention of t... |
919 | Kanhaiyalal Lohia (Deceased) (By His Legal Representatives) Mahabir Prasad Khemka & Others Vs. Commissioner of Income Tax, West Bengal | natural justice, and that was held sufficient to entitle an aggrieved party to come to this Court against the appellate order of the Tribunal under Art. 136. In Baldev Singhs case, AIR 1961 SC 736 , this Court entertained an appeal against the appellate order of the Tribunal, because limitation to take other remedies w... | 0[ds]7. In the present case, the order of the High Court on the question referred was not brought before this Court by the ordinary mode indicated in the Indian Income-tax Act, presumably because of the concession of counsel that he could not claim that the question be answered infavour of the assessee and the attitude... | 0 | 2,535 | ### 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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natural justice, and that was held sufficient to entitle an aggrieved party to come to this Court against the appellate order of the Tribunal un... |
920 | Duni Chand Rataria Vs. Bhuwalka Brothers Ltd | shipper who took delivery of the goods from the mills against payment. They wrongly assumed that A endorsed the delivery order over to B and took the difference, B in his turn endorsed the delivery order to the defendant and took the difference and so on and concluded that nobody was concerned to pay the actual price o... | 1[ds]It was common ground that the contracts did not provide for the payment or receipt of margin. It was also common ground that the respondent did not possess or have control over a godown and other means and equipments necessary for the storage and supply of jutewrongly assumed that A endorsed the delivery order ove... | 1 | 3,890 | ### 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:
shipper who took delivery of the goods from the mills against payment. They wrongly assumed that A endorsed the delivery order over to B and too... |
921 | THE STATE OF HIMACHAL PRADESH Vs. KANSHI RAM | compensation @ Rs.7.00 lakhs per bigha basing on the sale deed Ex.PW-1/A of small chunk i.e. 1 biswa of land and granted abnormal hike in the market value of the acquired land. It is also brought to our notice that the Ex.PW-1/A dated 24.11.2004 is the land sold by PW-2 Garja Ram to PW-3 Kuldip for a consideration of R... | 1[ds]12. At the outset it is to be noted that even according to the case of the respondents-claimants possession of the land in question was taken in the year 1988 for constructing the road and only after directions were issued in C.W.P.No.735 of 2004 Notification under Section 4(1) of the Act came to be issued on 30.0... | 1 | 1,887 | ### 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:
compensation @ Rs.7.00 lakhs per bigha basing on the sale deed Ex.PW-1/A of small chunk i.e. 1 biswa of land and granted abnormal hike in the market value of t... |
922 | Kurapati Maria Das Vs. M/S. Dr. Ambedkar Seva Samajan | There is yet another distinguishing feature in case of K. Venkatachalam v. A Swamickan & Anr. [1999 (4) SCC 526] . In that case there is a clear finding that the elected person therein played a fraud with the Constitution inasmuch as that he knew that his name was not in Electoral Roll of that constituency and he imper... | 1[ds]20. We are afraid, we are not in position to agree with the contention that the case of K. Venkatachalam v. A Swamickan & Anr. [1999 (4) SCC 526] is applicable to the present situation. Here the appellant had very specifically asserted in his counter affidavit that he did not belong to the Christian religion and t... | 1 | 5,737 | ### Instruction:
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### Input:
There is yet another distinguishing feature in case of K. Venkatachalam v. A Swamickan & Anr. [1999 (4) SCC 526] . In that case there is a clear findin... |
923 | M/S Sardar Associates Vs. Punjab & Sind Bank | conferred on the Reserve Bank to enable it to exercise effective control over all banks. Sections 21 and 35-A enable it to issue directives in public interest to regulate the charging of interest on loans or advances made from time to time... 38. We may, however, notice that a Division Bench of this Court without notic... | 1[ds]17. We may, however, place on record that the Parliament, in its wisdom, inserted Section 36A of the Act by the Banking Companies (Amendment) Act, 1959 in terms whereof some of the provisions of the 1949 Act were not to be applied to certain banking companies18. Indisputably, the guidelines were issued by the Rese... | 1 | 7,188 | ### Instruction:
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conferred on the Reserve Bank to enable it to exercise effective control over all banks. Sections 21 and 35-A enable it to issue directives in public interest to regulate the charging o... |
924 | Rangaswami, The Textile Commissioner Vs. Sugar Textile Mills Private Limited | CHANDRACHUD, J. 1. Under the power conferred by Section 3 of the Essential Supplies (Temporary Powers) Act, 1946, the Central Government issued an Order called "The Cotton Textiles (Control) Order, 1948". Clause 20 of that Order, as amended, reads thus:--"20(1) The Textile Commissioner may from time to time issue direc... | 0[ds]As hold by this Court in State of Uttar Pradesh v. Jogendra Singh, ([1964] 2 S.C.R. 197 at 202.) it is well settled that the word "may" is capable of meaning "must" or "shall" in the light of the context and that where a discretion is conferred upon a public authority coupled with an obligation, the word "may" whi... | 0 | 622 | ### Instruction:
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CHANDRACHUD, J. 1. Under the power conferred by Section 3 of the Essential Supplies (Temporary Powers) Act, 1946, the Central Government issued an Order called "The... |
925 | Orissa State Warehousing Corporation Vs. Commissioner of Income Tax | arise pertaining to that part of the income only which arises or is derived from the letting of godowns or the warehouses and for the purposes specified in Section 10(29) of the Act - as noticed above. The statute has been rather categorical and restrictive in the matter of grant of exemption: storage, processing or fa... | 0[ds]In fine thus, a fiscal statute shall have to be interpreted on the basis of the language used therein and not de hors the same. No words ought to be added and only the language used ought to be considered so as to ascertain the proper meaning and intent of the legislation. The Court is to ascribe natural and ordin... | 0 | 7,575 | ### 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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arise pertaining to that part of the income only which arises or is derived from the letting of godowns or the warehouses and for the purposes specifie... |
926 | Jaikishan Dass Mull Vs. Luchhiminarain Kanoria & Company | the chain until they reach the Mill Company. The process of the registered holder giving shipping instructions to his seller and each successive buyer passing on such shipping instructions to his immediate seller so as ultimately to reach the Mill Company would be cumbrous and time consuming and would impede quick move... | 0[ds]11. Now there can be no doubt that clause (2) of the prescribed form was scored out and omitted from the contracts notes in respect of the contracts between the parties. There was no provision included in any of these contracts requiring the buyers to give any particular number of clear working days notice to the ... | 0 | 7,209 | ### Instruction:
Scrutinize the evidence and arguments in the case proceeding to predict the court's decision: will the appeal be granted (1) or denied (0)?
### Input:
the chain until they reach the Mill Company. The process of the registered holder giving shipping instructions to his seller and each successive buyer ... |
927 | BAJRANGA (Dead) by LRs Vs. THE STATE OF MADHYA PRADESH & ORS | has to be on the basis of information given in the return under Section 9 of the said Act, or the information obtained by the competent authority under Section 10 of the said Act after making an enquiry. In terms of Section 11(3), the draft statement is to be published and served on the holder, the creditor and all oth... | 1[ds]19. We have given a thought to the matter in the conspectus of what has been urged before us on the different dates and the proceedings that had been recorded. The matter was taken up on 16.1.2020 and in view of the submissions advanced by the parties, the Court required perusal of the record. Thus, in the proceed... | 1 | 4,642 | ### 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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has to be on the basis of information given in the return under Section 9 of the said Act, or the information obtained by the competent authorit... |
928 | The State Of Bombay Vs. M/S. S. S. Miranda Limited | even though these sales resulted in transport except where the Explanation to S. 19 applies.If this practice is in accordance with law when there is no change in duty we cannot see how the excisable article which had been subjected to duty once will be liable to further duty equal to the difference when three is increa... | 0[ds]11. The argument on behalf of the appellant is that in view of the very wide definition of the word "transport" and the prohibition of transport contained in S. 10 without payment of duty it is clear that every time there is transport the duty becomes payable at the rate fixed by the State Government under S. 19 a... | 0 | 3,271 | ### Instruction:
Analyze the case proceeding and predict whether the appeal/petition will be accepted (1) or rejected (0).
### Input:
even though these sales resulted in transport except where the Explanation to S. 19 applies.If this practice is in accordance with law when there is no change in duty we cannot see how ... |
929 | State Of U.P Vs. Charan Singh | void ab initio in law for non-compliance of the mandatory provisions under Section 6-N of the Act. Keeping in view the fact that the period of termination was in the year 1975 and the matter has been unnecessarily litigated by the employer by contesting the matter before the Industrial Tribunal as well as the High Cour... | 0[ds]12. We have heard both the parties. On the basis of the aforesaid rival legal contentions urged on behalf of the parties and the evidence on record, we have come to the conclusion that the High Court has rightly held that the State is liable to pay the entire amount due to the workman for the period 24.2.1997 to 3... | 0 | 5,588 | ### Instruction:
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void ab initio in law for non-compliance of the mandatory provisions under Section 6-N of the Act. Keeping in view the fact that the period of termination was ... |
930 | Jorubha Juzer Singh Vs. State of Gujarat | Fazal Ali, J. This appeal by special leave is directed against the judgment of the High Court of Gujarat by which the conviction and sentence of the appeal under Section 302 were confirmed. The appellant was sentenced to imprisonment for life. 2. The facts of the case have been detailed in the judgment of the High Cour... | 0[ds]There is however no evidence at all to show that at the time when the deceased was carried to the dispensary and taken to the doctor, the relations of the deceased had accompanied him. The fact that the relatives may have come afterwards does not appear to be of any significant. Moreover we find no reason why the ... | 0 | 764 | ### Instruction:
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Fazal Ali, J. This appeal by special leave is directed against the judgment of the High Court of Gujarat by which the conviction and sentence of the app... |
931 | Sarju Pershad Vs. Raja Jwaleshwari Pratap Narain Singh And Others | Ram. As, however, he was the Raja of Basti the document was executed at his palace and not in the house of the mtgee. and if as the pltf. says, the terms were already settled between Bhikhi Ram and the Raja and the only the thing left, was to embody the agreed terms in writing, we fail to see why it was absolutely nece... | 1[ds]13. The learned Judges of the H. C. in dealing with the appeal do observe at the beginning of their discussions that on a question of fact the appellate Ct. should be slow to differ from the conclusions arrived at by the trial Judge who had seen and heard the witnesses ; but in their opinion, this rule did not app... | 1 | 3,999 | ### 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:
Ram. As, however, he was the Raja of Basti the document was executed at his palace and not in the house of the mtgee. and if as the pltf. says, ... |
932 | Suresh Estates Pvt.Ltd Vs. Municipal Corp.Of Greater Mumbai | the date when CRZ Notification was issued, cannot be accepted. As noticed earlier the plot was reserved as play ground for secondary school as well as for primary school and also for DP road. The appellants had caused the purchase notice dated June 16, 2005 served to the Competent Authority under Section 127 of the M.R... | 1[ds]7. The contention advanced by the Learned Counsel for the respondents that the DC Rules, 1967 would not apply to the development permission sought for by the appellants, but the Development Control Regulations of 1991 would, cannot be accepted. It is not in dispute that on February 19, 1991 the Ministry of Environ... | 1 | 5,165 | ### Instruction:
Based on the information in the case proceeding, determine the likely outcome: acceptance (1) or rejection (0) of the appellant/petitioner's case.
### Input:
the date when CRZ Notification was issued, cannot be accepted. As noticed earlier the plot was reserved as play ground for secondary school as w... |
933 | S.T.O., Moradabad, and Others Vs. H. Farid Ahmed and Sons | involve a very short point, turning upon the interpretation of Section 7-A of the U.P. Sales Tax Act (hereinafter referred to as the Act). It appears that the respondent is a partnership-firm, carrying on business in the district of Moradabad. The assessment quarters in question are two quarters of 1968. By an order da... | 1[ds]3. The High Court was of the opinion that as conditions mentioned in section 7(3) did not apply to the facts of the present case inasmuch as it was not a case in which the assessee had not filed a return at all, no assessment could have been made by the Sales Tax Officer. In our opinion, the High Court was in erro... | 1 | 1,151 | ### Instruction:
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### Input:
involve a very short point, turning upon the interpretation of Section 7-A of the U.P. Sales Tax Act (hereinafter referred to as the Act). It appears that the ... |
934 | Mahendra Singh Dhantwal Vs. Hindustan Motors Ltd. & Ors | sweep of section 33. That was a case where the workmans services were terminated "because he deliberately adopted go-slow and was negligent in the discharge of his duty". The Supreme Court in that case observed thus:"His services were therefore terminated for dereliction of duty and go-slow in his work. This clearly am... | 1[ds]Mr. Naunit Lal also drew our attention to two decisions of the Madras High Court in Shyamala Studios v. Kannu Devar (S.S.) and others and Sri Rama Machinery Corporation (Private) Limited, Madras v. Murthi (N.R.) and others in support of the above submission. Although the decision of the Supreme Court in Murugan Mi... | 1 | 4,189 | ### Instruction:
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### Input:
sweep of section 33. That was a case where the workmans services were terminated "because he deliberately adopted go-slow and was negligent in the disc... |
935 | RAMESHCHANDRA DAULAL SONI Vs. DEVICHAND HIRALAL GANDHI (DEAD) THR. LRS. SMT. GULABBAI DEVICHAND GANDHI | Act comes to an end. The link and chain is broken. The absent non-cultivating landlord ceases to have that ownership element of the land and the cultivating tenant, the tiller of the soil becomes the owner thereof. This is unquestionable. The landlord from the date of statutory sale is only entitled to receive the purc... | 0[ds]12. Having taken note of the contentions put forth, to the extent of the position of law as enunciated in the decisions cited supra there can be no quarrel whatsoever. However, what is necessary to be taken note is the fact situation in the instant case to arrive at a conclusion. The provision in Section 5(11)(c)(... | 0 | 5,479 | ### Instruction:
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### Input:
Act comes to an end. The link and chain is broken. The absent non-cultivating landlord ceases to have that ownership element of the land and the cultiva... |
936 | Hindustan Vidyut Products Limited Vs. Delhi Power Company Limited | ORDER 1. Leave granted. 2. Heard learned Counsel for the parties. 3. The Arbitrator made an Award dated 22nd December, 2005 of an amount of ` 20,26,000/- in favour of the Appellant and against the Respondent. The Respondent filed an application Under Section 34 of the Arbitration and Conciliation Act, 1996 for setting ... | 1[ds]Learned Counsel for the Appellant submitted that it is only the Respondent who had filed the application for setting aside the Award Under Section 34 of the Act before the learned Single Judge and no other party had applied for setting aside the Award before the learned Single Judge. As the learned Single Judge ha... | 1 | 302 | ### Instruction:
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ORDER 1. Leave granted. 2. Heard learned Counsel for the parties. 3. The Arbitrator made an Award dated 22nd December, 2005 of an amount of ` 20,26,000/- in favour of the Appellant and ... |
937 | Ved Prakash Garg Vs. Premi Devi | Motor Vehicles Act as discussed by us earlier. We may in this connection refer to a decision of the High Court of Delhi in the case of Oriental Insurance Co. Ltd. v. Hasmat Khatoon and Ors., (supra). A learned Single Judge of the Delhi High Court on the schemes of the Workmens Compensation Act and the Motor Vehicles Ac... | 1[ds]14. On a conjoint operation of the relevant schemes of the aforesaid twin Acts, in our view, there is no escape from the conclusion that the insurance companies will be liable to make good not only the principal amounts of compensation payable by insured employers but also interest thereon, if ordered by the Commi... | 1 | 9,061 | ### Instruction:
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### Input:
Motor Vehicles Act as discussed by us earlier. We may in this connection refer to a decision of the High Court of Delhi in the case of Oriental Insurance Co. L... |
938 | Krishna Priya Ganguly Etc Vs. University of Lucknow | filed by Dr. Rachna Saxena it appears that she had obtained an aggregate of 53.7% but the main obstacle in her way was that two candidates with a higher aggregate had been admitted and therefore her case did not merit any consideration. Even from amongst those who did not secure admission there ware four others who had... | 1[ds]The High Court further observed that the respondent appears to be a very dedicated worker having acquired a diploma and would have proved an invaluable asset to the Institution. We do not see any proper material for this conclusion to which the High Court has suddenly jumped apart from the fact that admissions wer... | 1 | 5,128 | ### Instruction:
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### Input:
filed by Dr. Rachna Saxena it appears that she had obtained an aggregate of 53.7% but the main obstacle in her way was that two candidates with a highe... |
939 | State Of Rajasthan Vs. J.K. Udaipur Udyog Ltd. | the appeal from the High Courts order their rights thereunder were precarious. [See: Union of India vs. West Coast Paper Mills Ltd. 2004 (2) SCC 747 , 753]. 36. The mere circumstances that the respondent companies having availed of the exemption scheme were prohibited from collecting the tax from its customers or that ... | 1[ds]In any event, the High Court erred in fact in holding that M/s. J.K. Synthetics had a vested right to the benefits of the scheme. Clause 4 of the scheme clearly provides that the benefits under the scheme were subject to the sanction of the Screening Committee. No sanction has been issued to M/s. J.K. Synthetics t... | 1 | 7,582 | ### 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 appeal from the High Courts order their rights thereunder were precarious. [See: Union of India vs. West Coast Paper Mills Ltd. 2004 (2) SCC... |
940 | State Of Punjab Vs. Mst. Qaisar Jehan Begum And Anr | respondents were neither present nor were represented before the Collector when the letter made his award. The first part of cl. (b) is also not applicable, because the respondents did not receive any notice from the Collector under sub-sec. (2) of S. 12 of the Act. That sub- section requires the Collector to give imme... | 0[ds]Assuming that the appellant can raise the ground of limitations, the first question before US is, whether the application made on September 30, 1955 was within time within the meaning of the aforesaid proviso. Clause (a) of the Proviso clearly not applicable in the present case, because admittedly the respondents ... | 0 | 2,664 | ### 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:
respondents were neither present nor were represented before the Collector when the letter made his award. The first part of cl. (b) is... |
941 | Mousam Singha Roy @ Mithun Vs. State Of West Bengal | recovery of the exercise book from the house of Mousam, A-1 as also the letter from the house of Vikky, A-5. A perusal of the evidence of PWs.16 and 17 who were the Panch witnesses for the recovery of the exercise book shows that they have not really seen the place from where this book was recovered by the I.O. From th... | 1[ds]26. At this stage, it will be relevant to discuss the recoveries of a letter and a book by the prosecution which according to the prosecution establishes the further motive for murder. In this regard, the prosecution relies on the evidence ofBarun Polley andSubhro Sen to establish the fact that letter Ex. V allege... | 1 | 9,410 | ### Instruction:
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### Input:
recovery of the exercise book from the house of Mousam, A-1 as also the letter from the house of Vikky, A-5. A perusal of the evidence of PWs.16... |
942 | Surya Kant Roy Vs. Imamul Hai Khan | a person holding an office under the State Government.5. We may in this connection refer to certain decisions of this Court. In Abdul Shakur v. Rikhabchand. (1958 SCR 387 at D. 394) = (AIR 1958 SC 52 at p. 55) this Court held:"The power of the Government to appoint a person to an office of profit or to continue him in ... | 0[ds]4. We agree with the learned Judge of the High Court that it is difficult to accept the argument that the Board is wholly under the control of the State Government in all its functions. The Board levies taxes and other assessments and has got its own funds. The fact that the Government and other local authorities ... | 0 | 1,719 | ### Instruction:
Interpret the case information and speculate on the court's decision: acceptance (1) or rejection (0) of the presented appeal.
### Input:
a person holding an office under the State Government.5. We may in this connection refer to certain decisions of this Court. In Abdul Shakur v. Rikhabchand. (1958 S... |
943 | Dunlop India Ltd. & Madras Rubber Factory Ltd Vs. Union of India and Others | to show that V.P. Latex is resin which is an omnibus term for a variety of hard brittle, solid or semisolid organic substances. It is however, seen from an extract from the Dictionary of Rubber Technology, 1969 edition, by Alexander S. Craig, produced by Mr. Sanghi that vinyl pyridine is one component of terpolymer of ... | 1[ds]19. Although the controversy between the parties was placed before us in an exhaustively enlarged form going into the Chemistry of V.P. Latex, it is not necessary to go into all the complexities of chemical formulate and properties. The impugned order itself takes note of all the contentions raised before the Gove... | 1 | 7,175 | ### 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:
to show that V.P. Latex is resin which is an omnibus term for a variety of hard brittle, solid or semisolid organic substances. It is however, seen from an ext... |
944 | Chandrakanta Tiwari Vs. NEW INDIA ASSURANCE COMPANY LTD. & ANR | otherwise in their written statement hence it has not been proved on record by any of the opposite parties that at the time of the accident, the deceased was driving the vehicle, it is also relevant to mention here that according to written statement of O.P. No. 1, he himself sustained injuries in this accident and he ... | 1[ds]14. It will be relevant to mention here that no controverting evidence on this issue or on issue No. 2 has been adduced by any of the opposite parties though they have made the pleadings otherwise in their written statement hence it has not been proved on record by any of the opposite parties that at the time of t... | 1 | 1,895 | ### Instruction:
From the information provided in the case proceeding, infer whether the court's decision will be positive (1) or negative (0) for the appellant.
### Input:
otherwise in their written statement hence it has not been proved on record by any of the opposite parties that at the time of the accident, the d... |
945 | Balbir Singh Vs. Bogh Singh | Goswami, J.1. The appellant aged about 45 years at the time of trial is a crippled son of the respondent, Bogh Singh. Bogh Singh is in possession of ancestral land. The appellant is a disabled person having defective arms with which he cannot do any manual labour. Some time back his father executed an agreement in his ... | 1[ds]2. It appears that the original suit being valued for the purpose of jurisdiction at Rs. 21,000/the first appeal against the judgment and decree of the Trial Court lay to the High Court, but the appellant prosecuted the appeal before the Additional District Judge who also did not take any note of this wrong instit... | 1 | 798 | ### Instruction:
Analyze the legal arguments presented and estimate the likelihood of the court accepting (1) or rejecting (0) the petition.
### Input:
Goswami, J.1. The appellant aged about 45 years at the time of trial is a crippled son of the respondent, Bogh Singh. Bogh Singh is in possession of ancestral land. Th... |
946 | Mahavir and Ors Vs. Union of India (UOI) and Ors | dismissed by this Court, and acquisition has attained finality, possession was taken, the award passed. Notice had been issued Under Section 12(2) of the Act tendering the awarded amount but it has not been collected by the claimants/land owners deliberately or they had refused to collect it and are not ready and willi... | 0[ds]8. Section 31(1) of the Act requires tender of compensation which is tendered in terms of Section 12 of the Act. Section 12 provides a mode of informing claimants as to compensation. Section 31(2) of the Act requires Collector to deposit amount in court in case it is not received by the persons interested or there... | 0 | 6,985 | ### Instruction:
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### Input:
dismissed by this Court, and acquisition has attained finality, possession was taken, the award passed. Notice had been issued Under Section 12(2) of the Act... |
947 | Central Board Of Direct Taxes And Others A Vs. Aditya V. Birla | the Act. We find nothing in Clause 31 to suggest a restricted meaning as canvassed by Shri Ahuja. The relevant portion of Clause 31 reads as follows: "31. Tax relief in respect of remuneration received from foreign employees by Indian technicians, etc. - At present, Indian technicians, etc., who work for a short period... | 0[ds]10. An analysis of Section 80-RRA reveals that in order to be entitled to deductions at the rate enumerated in the section by the respondent, the sum must be (i) remuneration (ii) received by him in foreign currency (iii) from any employer (being a foreign employer or an Indian concern) for any service rendered by... | 0 | 2,867 | ### Instruction:
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the Act. We find nothing in Clause 31 to suggest a restricted meaning as canvassed by Shri Ahuja. The relevant portion of Clause 31 reads as follows: "31. Ta... |
948 | State of Maharashtra Vs. Bhalchandra Khanderao Joshi and Another | working of the invalid list, and amounted to violation of article 16 of the Constitution. This is why the State of Maharashtra, Smt. K.A. Parekh and Smt. R.S. Dossal have come up in appeal by special leave to this Court.The controversy therefore is whether the State government passed. the aforesaid resolution dated Feb... | 1[ds]The High Court has taken the view that as no attempt was made to produce the resolution dated February 27, 1963 in Nanekars case, there was no such, resolution at all. On that basis, it held that the Director had no authority to take the decision to amalgamate the listsWe find however that in taking that view the ... | 1 | 3,273 | ### Instruction:
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### Input:
working of the invalid list, and amounted to violation of article 16 of the Constitution. This is why the State of Maharashtra, Smt. K.A. Parekh and Sm... |
949 | Cox & Kings (Agents) Ltd Vs. Their Workmen And Ors | workmen and there was no agreement between the parties in regard thereto. Our conclusion, therefore, is that the bar of Section 19 of the Industrial Disputes Act does not operate with regard to the matters covered by items (1) and (3) of the present reference and the argument put forward by the appellant on this aspect... | 0[ds]21. There is no dispute that the order on the earlier Reference was made by the Labour Court on September 27, 1972, while the second Reference with the same terms of Reference to that Court was made by the Government on May 2, 1973, i.e., within one years of the earlier order. It is common ground that the period o... | 0 | 4,689 | ### Instruction:
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workmen and there was no agreement between the parties in regard thereto. Our conclusion, therefore, is that the bar of Section 19 of the Industrial Disputes A... |
950 | M/S SESHASAYEE STEELS P. LTD Vs. ASSISTANT COMMISSIONER OF INCOME TAX, COMPANY CIRCLE VI(2), CHENNAI | contract, and the transferee has performed or is willing to perform his part of the contract, then, notwithstanding that where there is an instrument of transfer, that the transfer has not been completed in the manner prescribed therefor by the law for the time being in force, the transferor or any person claiming unde... | 0[ds]14. On a reading of the agreement to sell dated 15.05.1998, what is clear is that both the parties are entitled to specific performance.16. Clause 16 would, therefore, lead to the position that a license was given to another upon the land for the purpose of developing the land into flats and selling the same. Such... | 0 | 3,021 | ### Instruction:
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contract, and the transferee has performed or is willing to perform his part of the contract, then, notwithstanding that where there is an instrument of... |
951 | V. B. Raju And Ors Vs. State Of Gujarat & Ors | 1947.Regulation 561 was amended by the President under the provisions of Article 309. The amendment came into force on 12 June, 1956. As a result of the amendment Indian members of the Indian Civil Service who retired or sought retirement were entitled under Regulation 561 to an annuity of Rs.13,333.33 payable in India... | 0[ds]Article 312A which was introduced by the Constitution (Twenty-eighth Amendment) Act confers power on Parliament to make a law to vary or revoke, whether prospectively or retrospectively, the conditions of service as respect pension of persons who, having been appointed by the Secretary of State or Secretary of Sta... | 0 | 1,535 | ### Instruction:
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1947.Regulation 561 was amended by the President under the provisions of Article 309. The amendment came into force on 12 June, 1956. As a result of the amendment Indi... |
952 | Union of India (UOI) and Ors Vs. Valluri Basavaiah Chowdhary and Ors | of construction of Article 252(1). The question of adoption of a law made by the Parliament in respect of any of the matters in State List arises under the second part of Article 252(1) and is dependent upon the desirability expressed by the legislatures of two or more States empowering the Parliament to make such a la... | 1[ds]10. We are afraid, the construction placed by the High Court on Article 252(1) cannot be sustained.It appears in Part XI headed Relations between the Union and the States and occurs in Chapter I relating to Legislative Relations i.e dealing with the distribution of legislative powers between the Union and the Stat... | 1 | 11,041 | ### Instruction:
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### Input:
of construction of Article 252(1). The question of adoption of a law made by the Parliament in respect of any of the matters in State List arises under the second part of Article 252(1)... |
953 | The Commr., Hindu Religious Endowments, Madras Vs. Lakshmindra Thirtha Swamiar of Sri Shirur Mutt | if the money paid by licence holders goes for the upkeep of roads and other matters of general public utility, the licence fee cannot but be regarded as a tax.47. In the other class of cases, the Government does some positive work for the benefit of persons and the money is taken as the return for the work done or serv... | 0[ds]6. The learnedfor Madras, who appeared in support of the appeal, confined his arguments exclusively to the constitutional points involved in this case. Although he had put in an application to urge grounds other than the constitutional grounds, that application was not pressed and he did not challenge the findings... | 0 | 15,747 | ### Instruction:
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### Input:
if the money paid by licence holders goes for the upkeep of roads and other matters of general public utility, the licence fee cannot but be regarded a... |
954 | Nagendra Nath Bora Vs. The Commissioner of Hills Division | it could have interfered by issuing a writ under Art. 226 of the Constitution, they would be content to utilize their powers of judicial superintendence under Art. 227 of the Constitution vide its judgment dated July 31, 1957, in appeals relating to Murmuria shop (Civil Appeals Nos. 669 and 670 of 1957). In exercise of... | 1[ds]9. It is true that no one has an inherent right to settlement of liquor shops, but when the State, by public notice, invites candidates for settlement to make their tenders, and in pursuance of such a notice, a number of persons make such tenders each one makes a claim for himself in opposition to the claims of th... | 1 | 13,341 | ### 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:
it could have interfered by issuing a writ under Art. 226 of the Constitution, they would be content to utilize their powers of judicial superinte... |
955 | English Electric Company Of India Ltd Vs. The Deputy Commercial Tax Officer & Ors | for the Bombay buyer. The Madras branch in reply referred to the order of the Bombay buyer and gave particulars mentioning that the price was F.O.R. Madras. The Bombay branch thereafter wrote to the Bombay buyer reproducing all the particulars, conditions of sale and mode of despatch as stated by the Madras branch and ... | 0[ds]The appellant in the present case sent the goods direct from the Madras branch factory to the Bombay buyer at Bhandup, Bombay. The railway receipt was in the name of the Bombay branch to secure payment against delivery. There was no question of diverting the goods which were sent to the Bombay buyer. When the move... | 0 | 1,601 | ### Instruction:
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for the Bombay buyer. The Madras branch in reply referred to the order of the Bombay buyer and gave particulars mentioning that the price was F.O.R. Madras. ... |
956 | JAI BHAVANI SHIKSHAN PRASARAK MANDAL Vs. RAMESH & ORS | by the Administrative Officer of the Respondent No. 1 is annexed herewith and marked as EXHIBIT H. 16. Unfortunately the School Tribunal as well as the High Court failed to take note of the very pleadings of the first respondent with regard to the circumstances in which the President of the Society could not continue a... | 0[ds]11. In the case on hand, there is and there can be no dispute about the fact that the first respondent was the Head within the meaning of the expression in terms of Section 2(9) of the Act, as he was the Principal of the Institute. But admittedly the first respondent was not the Secretary, Trustee or Correspondent... | 0 | 3,854 | ### Instruction:
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by the Administrative Officer of the Respondent No. 1 is annexed herewith and marked as EXHIBIT H. 16. Unfortunately the School Tribunal as well as the ... |
957 | Sri Ramdas Motor Transport Ltd Vs. Tadi Adhinarayana Reddy & Other | misfeasance or other misconduct towards the company or towards any of its members; or that the members of the company have not been given all the information with respect to its affairs which they might reasonably expect. In these circumstances, on the basis of the opinion so framed by the Company Law Board, the Centra... | 1[ds]13. In appeal, however, the Division Bench of the Andhra Pradesh High Court presided over by the Chief Justice, entertained the appeal on the ground that the petition raised many serious issues as to falsification of the accounts of a public limited company. It said that the acts of the company would jeopardize pu... | 1 | 2,799 | ### Instruction:
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misfeasance or other misconduct towards the company or towards any of its members; or that the members of the company have not been given all the information w... |
958 | M. Sitalakshmi Vs. Union of India (UOI) and Ors | 4 had joined the same office on 07.07.1987 on ad hoc basis and was regularized w.e.f. 13.06.1988. In the seniority list of LDCs Respondent No. 4 was shown at serial No. 5 while the Appellant was at serial No. 10. As per Recruitment Rules, an LDC was eligible for promotion to the post of Upper Division Clerk ("UDC" for ... | 1[ds]7. In the first round initiated at the instance of Respondent No. 4 and the Staff Association, the tribunal had found that a post having fallen vacant, applications were invited from all LDCs vide Circular dated 28.05.1996 to appear in the competitive test, in which the Appellant was successful. It was observed th... | 1 | 1,164 | ### 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:
4 had joined the same office on 07.07.1987 on ad hoc basis and was regularized w.e.f. 13.06.1988. In the seniority list of LDCs Respondent No. 4... |
959 | Nirmal Kumar Khandelwal Vs. Union Of India And Ors | 12(1) to confirm the order of detention. The confirmation of the detention order without anything more would result in an automatic continuation of the detention, even if there is no separate decision to continue the detention for any specific period as held by this Court in Dattatreya Moreshwar Pangarkar v. State of B... | 1[ds]6. Before dealing with these arguments, it may be noted that the aforesaid ground of challenge has been specifically adumbrated as Ground No. 12 in the petition. In the counter filed on behalf thethe fact that the order of confirmation of the detention was not passed by the appropriate Government within three mont... | 1 | 2,400 | ### Instruction:
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12(1) to confirm the order of detention. The confirmation of the detention order without anything more would result in an automatic continuation of the detenti... |
960 | Pratibha Nema Vs. State Of M.P. | public purpose is evidently a result of after-thought. Moreover, by virtue of what is stated in the notices issued by the Land Acquisition Officer under Section 5A of the Act, no one could possibly have any doubt about the exact purpose of acquisition. True, it is not open to the Land Acquisition Officer to alter or ex... | 0[ds]In this state of affairs, the High Court was well justified in relying on the documents/books maintained in the ordinary course of business and recording a conclusion that the Cheque for Rs. 3 crores was issued by AKI Ltd., towards advance lease premium. The non-production of covering latter which according to the... | 0 | 11,522 | ### Instruction:
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### Input:
public purpose is evidently a result of after-thought. Moreover, by virtue of what is stated in the notices issued by the Land Acquisition Offic... |
961 | Janapada Sabha, Chhindwara Etc Vs. The Central Provinces Syndicate Ltd. And Anr.Etc | and that in any event the Act did not validate the levy of coal cess which had been imposed under the three notifications. Pandey, J., expressed a contrary view. He held that the provisions of Sec. 3 of Act 18 of 1964 were not invalid, "nor were they ineffective". The petitions were then referred to Shiv Dayal, J. The ... | 0[ds]The nature of the amendment made in Act 4 of 1920 has not been indicated. Nor is there anything which enacts that the notifications issued without the sanction of the State Government must be deemed to have been issued validly under Sec. 51 (2) without the sanction of the Local Government. On the words used in the... | 0 | 2,655 | ### Instruction:
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and that in any event the Act did not validate the levy of coal cess which had been imposed under the three notifications. Pandey, J., expressed a contrary view. He held that the provis... |
962 | PUNJAB NATIONAL BANK & ORS Vs. ATMANAND SINGH & ORS. | as it can be made applicable. The words as far as it can be made applicable make it clear that, in applying the various provisions of the Code to proceedings other than those of a suit, the court must take into account the nature of those proceedings and the relief sought. The object of Article 226 is to provide a quic... | 1[ds]11. From the factual matrix highlighted hitherto, it is manifest that there is no unanimity between the appellant-Bank and the respondent No. 1 on the relevant facts, on the basis of which the relief sought in the writ petition was founded. The Bank had expressly denied the existence of the alleged agreement dated... | 1 | 7,229 | ### Instruction:
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as it can be made applicable. The words as far as it can be made applicable make it clear that, in applying the various provisions of the Code to proceedings o... |
963 | Phoenix ARC Private Limited Vs. Vishwa Bharati Vidya Mandir & Ors | otherwise, it is required to be noted that a writ petition against the private financial institution – ARC – appellant herein under Article 226 of the Constitution of India against the proposed action/actions under Section 13(4) of the SARFAESI Act can be said to be not maintainable. In the present case, the ARC propos... | 1[ds]7. At the outset, it is required to be noted that in the present case, the respondents – borrowers whose accounts have been declared as NPA in the year 2013 have filed the writ petitions before the High Court challenging the communication dated 13.08.2015 purporting it to be a notice under Section 13(4) of the SAR... | 1 | 6,396 | ### 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:
otherwise, it is required to be noted that a writ petition against the private financial institution – ARC – appellant herein under Article 226 of the Constit... |
964 | State of Punjab Vs. Jaswinder Singh | Ashok Bhushan and Deepak Gupta, JJ. 1. Heard learned Counsel for the Appellant. No one has appeared for the Respondent, though service is complete on the Respondent as per the Office Report dated 15.5.2017. This Appeal has been filed against the Judgment and Order of the High Court of Punjab and Haryana at Chandigarh d... | 1[ds]4. We find substance in the submission of the learned Counsel for the Appellant. The disciplinary proceedings were conducted against the Respondent in which Orders were passed imposing punishment of withholding the increments. Without challenging the said Order in the appropriate forum, it was not open to the Resp... | 1 | 794 | ### 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:
Ashok Bhushan and Deepak Gupta, JJ. 1. Heard learned Counsel for the Appellant. No one has appeared for the Respondent, though service is complete... |
965 | Bashir Ahmed Magrey Vs. Ghulam Quadir Mir & Ors | those reports taken along with the findings of the High Court. It would appear from the figures set out above that, excluding all the votes which were found to have been improperly received by the appellant and also giving credit to the respondent for 59 votes which were found by the High Court to have been improperly ... | 1[ds]10. The above proviso which is based upon the principle that a vote validly cast should not be excluded from consideration because of the mistake or omission of the presiding or polling officer, makes it plain that where the returning officer is satisfied that any defect mentioned in clause (h) has been caused by ... | 1 | 4,258 | ### Instruction:
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### Input:
those reports taken along with the findings of the High Court. It would appear from the figures set out above that, excluding all the votes which were found ... |
966 | Exposure Insurance Services Limited A Public Limited Company Vs. M/S Larsen & Toubro Limited A Public Limited Company | suitably amended to bring it to its present form by the Companies (Amendment)Act, 1960. The amendment obviated the need of filing of suits by the liquidator (which are prolix and expensive) to realize and recover the claims and subsisting debts owed to the company; and instead, provided a cheap and summary remedy by co... | 0[ds]In light of the above principle, we may now revert back to the facts of the present case. There is no dispute that the bills of exchange were executed and were payable as on 15th March 2003. According to the respondents these bills of exchange were rendered inconsequential and ineffective vide letter dated 27th Fe... | 0 | 3,091 | ### Instruction:
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### Input:
suitably amended to bring it to its present form by the Companies (Amendment)Act, 1960. The amendment obviated the need of filing of suits by the liquidator (which are prolix and expens... |
967 | MD. YOUNUS ALI TARAFDAR Vs. THE STATE OF WEST BENGAL | taken out of the well was not beyond recognition. On the other hand, it is reasonably recognizable. The next submission relating to the identification on the basis of apparels which were recovered from the body is also unsustainable. T aking into account the social background of the deceased, his wardrobe can be taken ... | 1[ds]8. There is no direct evidence regarding the involvement of the Appellant in the crime. The case of the prosecution is on basis of circumstantial evidence. Factors to be taken into account in adjudication of cases of circumstantial evidence as laid down by this Court are (2017) 14 SCC 359 :14. Admittedly, this is ... | 1 | 2,536 | ### 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:
taken out of the well was not beyond recognition. On the other hand, it is reasonably recognizable. The next submission relating to the identifica... |
968 | Rajesh Kumar @ Raju Vs. Yudhvir Singh | The learned Motor Vehicle Accident Claims Tribunal awarded a sum of Rs.1,68,941 by way of compensation opining that his income was Rs.3,000/- per month and he was entitled to compensation upon taking 30% of his income at the rate of Rs.900/- per month being a total sum of Rs.20,000 besides the amount of compensation to... | 0[ds]It is, therefore, a case where the claimant could have filed at his option an application under the Workmens Compensation Act. Section 163A provides for filing of a claim petition where an accident took place by reason of use of the motor vehicle. It is not necessary to prove any fault on the part of the driver or... | 0 | 1,284 | ### Instruction:
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### Input:
The learned Motor Vehicle Accident Claims Tribunal awarded a sum of Rs.1,68,941 by way of compensation opining that his income was Rs.3,000/- per month and h... |
969 | Nand Kishore Prasad Vs. State Of Bihar And Ors | credit for Rs.399-5-6 on account of items Nos. 4 and 5 in the additional written statement representing two contingent bills for Rs.324-15-6 and Rs.74-6-0. The High Court also upheld the transit shortage allowed by the trial Court in favour of the defendants in respect of 412 maunds of paddy. The corresponding rice at ... | 1[ds]13. The High Court said that the claims of either side prior to January, 1948 had to be left out of the purview of the suit on the pleadings of the parties. Yet the High Court allowed the defendants claim for the balance of old paddy ofThe appellant challenged this finding of the High Court on two grounds. First, ... | 1 | 2,071 | ### 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:
credit for Rs.399-5-6 on account of items Nos. 4 and 5 in the additional written statement representing two contingent bills for Rs.324... |
970 | Saran Motors Private, Limited, New Delhi Vs. Vishwanath and Another | Both these owners were customers of the appellant. Having seen that the respondents had absented themselves on false pretexts and had really taken private work, charge-sheets were served on them and the same were followed by a domestic enquiry. At the enquiry, evidence was led both by the appellant and the respondents.... | 1[ds]In our opinion, this view is completely erroneous and cannot be sustained. We have repeatedly pointed out that domestic enquiries in industrial relations must be fairly conducted and whenever we are satisfied that any enquiry was not fairly conducted or its conclusions were not supported by evidence, we have unhes... | 1 | 1,555 | ### 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:
Both these owners were customers of the appellant. Having seen that the respondents had absented themselves on false pretexts and had really tak... |
971 | State of Andhra Pradesh Vs. S.R. Rangadamappa | 1. The respondent was charged with an offence under Section 34(a) of the Andhra Pradesh Excise Act on the allegation that he was found in possession of a quantity of eight litres of illicitly distilled arrack, an intoxicant, in contravention of the provisions of the Act and the Rules made under the Act. The learned Jud... | 0[ds]2. We are unable to understand why the High Court reduced the sentence. The statute prescribes a minimum sentence. It does not provide for any exceptions and does not vest the Court with any discretion to award a sentence below the prescribed minimum under any special circumstances. The learned Judge has himself n... | 0 | 418 | ### Instruction:
Scrutinize the evidence and arguments in the case proceeding to predict the court's decision: will the appeal be granted (1) or denied (0)?
### Input:
1. The respondent was charged with an offence under Section 34(a) of the Andhra Pradesh Excise Act on the allegation that he was found in possession of... |
972 | Federation of Hotel & Restaurant Associations of India Vs. Union of India & Others | combine the said provisions into one enactment so as to make the law simple, ensure accountability, and bring in transparency. The statement of objects and reasons for the 2009 Act reads as follows:-"STATEMENT OF OBJECTS AND REASONSIn India, uniform standards of weights and measures based on the metric system, were est... | 1[ds]Since it is not possible to divide the "service element", which is the dominant element, from the "sale element", it is clear that such composite contracts cannot be theof sales tax legislation, as was held in thosereading of the constitutional amendment would show that supply by way of or as part of any service o... | 1 | 4,026 | ### 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:
combine the said provisions into one enactment so as to make the law simple, ensure accountability, and bring in transparency. The statement of objects... |
973 | Hari Chand & Another Vs. State of Delhi | Kanahiya and in belabouring prosecution witnesses Attro and Ram Pal. Consequently their conviction and sentence as imposed by the High Court under S.302 read with S.34 I.P.C. for causing the death of Sohan and Kanahiya and their conviction and sentence under S.325 read with S.34 for causing grievous hurt to prosecution... | 0[ds]As the prosecution evidence reveals, injured Kanahiya, Sohan Lal and Ram Pal as well as Smt. Attro were removed by Police witness Dhan Singh to AIIMS in the van of the control room. When Dhan Singh enquired from the doctor Kanahiya was found dead and soon thereafter Sohan Lal also died in the hospital. Ram Pal was... | 0 | 11,091 | ### Instruction:
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### Input:
Kanahiya and in belabouring prosecution witnesses Attro and Ram Pal. Consequently their conviction and sentence as imposed by the High Court under S.302 read... |
974 | L. D. Jaisinghani Vs. Naraindas N. Punjabi | to disciplinary proceedings being finally dropped after the advocate or somebody else on his behalf has made payments to the complainant litigants, and the prevaricating replies of the advocate, attempting to conceal or deny these proceedings, may have been justified, yet, there very features of the case were also like... | 1[ds]9. It is true that the advocate had not fared well underHe had tried to conceal similar complaints against him in the past. It is, however, equally true that the complainant was no greenhorn. At any rate, he was not so gullible as he tried to make himself out to be. After going through the relevant evidence, we do... | 1 | 2,527 | ### 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:
to disciplinary proceedings being finally dropped after the advocate or somebody else on his behalf has made payments to the complainant litigan... |
975 | Transmission Corpn., A.P. Ltd. Vs. P. Ramachandra Rao | period that is in force, there is always a likelihood of further advances in the shape of improved emoluments by voluntary settlement avoiding friction and unhealthy litigation. This is the quintessence of settlement which courts and tribunals should endeavour to encourage. It is in that spirit the settlement has to be... | 1[ds]17. Exclusion of workmen retiring before the date fixed is no good ground to characterize settlement as unjust or unfair. In fact in the instant case there is no challenge to the legality of the settlement18. As the settlement into in the course of conciliation proceedings assumes crucial importance in the present... | 1 | 2,743 | ### 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:
period that is in force, there is always a likelihood of further advances in the shape of improved emoluments by voluntary settlement avoiding fri... |
976 | Nawab Usmanali Khan Vs. Sagar Mal | Ruler and his family including expenses of his residence, marriage and other ceremonies and neither be increased nor reduced for any reason whatsoever. Article XI (3) provided that the Rajpramukh would cause the amount to be paid to the Ruler in four equal instalments at the beginning of each quarter in advance. Articl... | 1[ds]5a. The first contention raised by Mr. Pathank must be rejected. The award stated that the existing documents relating to debts obtained on lands would remain as before, and they would remain as securities till payment of the debts and the appellants would have no right to transfer the land. This portion of the aw... | 1 | 4,143 | ### Instruction:
Analyze the case proceeding and predict whether the appeal/petition will be accepted (1) or rejected (0).
### Input:
Ruler and his family including expenses of his residence, marriage and other ceremonies and neither be increased nor reduced for any reason whatsoever. Article XI (3) provided that the ... |
977 | O.P. Bhandari Vs. Indian Tourism Development Corporation Limited & Others | S. K. Gambhir, an advocate of this Court to give a report on the amount which would be payable by the ITDC to Bhandari under the decretal order made in Civil Appeal No. 1969 of 1986 by taking the assistance of a chartered accountant in the matter of computation of compensation to be paid to Bhandari under that decretal... | 1[ds]6. Having perused the report of Shri S. K. Gambhir and the calculation sheets produced along with the report and considering the submissions made by both learned counsel of Bhandari and the ITDC, we accept the amount quantified by Shri S. K. Gambhir as payable by the ITDC to Bhandari under the decretal order made ... | 1 | 2,031 | ### 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:
S. K. Gambhir, an advocate of this Court to give a report on the amount which would be payable by the ITDC to Bhandari under the decretal order ma... |
978 | S. S. Rajalinga Raja Vs. State Of Madras | * * * *" Prima facie, S. 3 of the Act read with the definition of agricultural income charges to tax the monetary return either as rent or revenue or agricultural produce from the plantation. The expression "income" in its normal connotation does not mean mere production or receipt of a commodity which may be converted... | 0[ds]Prima facie, S. 3 of the Act read with the definition of agricultural income charges to tax the monetary return either as rent or revenue or agricultural produce from the plantation. The expression "income" in its normal connotation does not mean mere production or receipt of a commodity which may be converted int... | 0 | 1,866 | ### 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:
* * * *" Prima facie, S. 3 of the Act read with the definition of agricultural income charges to tax the monetary return either as rent... |
979 | PHOENIX ARC PVT. LTD Vs. KETULBHAI RAMUBHAI PATEL | a secured creditor. However, when all the defining clauses are read together and harmoniously, it is clear that the legislature has maintained a distinction amongst the expressions financial creditor, operational creditor, secured creditor and unsecured creditor. Every secured creditor would be a creditor; and every fi... | 1[ds]15. The Facility Agreement dated 12.05.2011 was executed between the Doshian Ltd. and the L&T Infrastructure Finance Company Ltd. The corporate debtor was not a party to the Facility Agreement. It was the Doshion Ltd., the borrower who was to repay the loan of Rs.40 crores.16. Item No.3 of Schedule IV, as noted ab... | 1 | 6,977 | ### Instruction:
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### Input:
a secured creditor. However, when all the defining clauses are read together and harmoniously, it is clear that the legislature has maintained a distinction amongst the expressions f... |
980 | Rajiv Gakhar Vs. Bhavana Wasif @ Sahar Wasif | Court as RW1. In her lengthy statement, she explained all the details including the fact that how she converted to Islam to marry a muslim and after divorce, by performing Shudhikaran ceremonies, she became a full fledged Hindu and there is no bar in marrying Hindu as per Hindu rites and ceremonies. She also explained ... | 0[ds]Though the trial Court granted decree holding that the marriage between the appellant and the respondent is a nullity, the materials placed by the respondent-wife in the form of oral and documentary evidence clearly show that there was no contravention of any of the provisions, more particularly, Section 5 of the ... | 0 | 2,647 | ### Instruction:
Scrutinize the evidence and arguments in the case proceeding to predict the court's decision: will the appeal be granted (1) or denied (0)?
### Input:
Court as RW1. In her lengthy statement, she explained all the details including the fact that how she converted to Islam to marry a muslim and after di... |
981 | Rajkumar Narsingh Pratap Singh Deo Vs. State Of Orissa And Anr | exists a patent necessity for making an adequate provisions for the grantee, the appellant, to enable him to maintain his dignity as a Rajkumar of the State and to maintain himself, his family, his heirs and descendants in a manner befitting his and their position. That is why out of love and affection for him, the gra... | 0[ds]7. We do not think that the basic assumption made by Mr. Setalvad in presenting this argument is sound. It would be noticed that the basic assumption on which the argument is based is that in the case of an absolute monarch, there can be no distinction between executive and legislative order. In other words, it is... | 0 | 5,358 | ### 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:
exists a patent necessity for making an adequate provisions for the grantee, the appellant, to enable him to maintain his dignity as a Rajkumar of the ... |
982 | Jagannath Agarwala Vs. State Of Orissa | (AIR 1960 SC 606 ); New Prakash Transport Co., Ltd. v. New Suwarna Transport Co., Ltd., 1957 SCR 98 : ( (S) AIR 1957 SC 232 ); Nagendra Nath Bora v. Commr, of Hills Division, 1958 SCR 1240 : (AIR 1958 SC 398 ) and Gullapalli Nageswara Rao v. Andhra Pradesh State Road Transport Corporation, 1959 (Supp) 1 SCR 319 : (AIR ... | 0[ds]8. The first point was not argued before us, and it seems that the appellant has accepted the decision of the High Court that the Third Member was competent to hear and disposed of theseis clear from the Order, which was made under the Extra Provincial Jurisdiction Act, that claims were being asked to be entertain... | 0 | 2,905 | ### 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:
(AIR 1960 SC 606 ); New Prakash Transport Co., Ltd. v. New Suwarna Transport Co., Ltd., 1957 SCR 98 : ( (S) AIR 1957 SC 232 ); Nagendra Nath Bor... |
983 | Patel Gordhandas Hargovindas Vs. Municipal Commissioner, Ahmedabad | third method of valuation in force in England to which we have already referred. The amendment therefore made in 1930 in the Madras Act does not in any way affect the legislative history and practice relating to the word "rate" which, as we have pointed out was not even used in that Act. We may add that we express no o... | 1[ds]8. This history of the use of the word "rate" for purposes of local taxation in English Law clearly shows that the word "rate" was used with respect to a tax which was levied on the net annual value or rateable value of lands and buildings and not on their capital value. It would therefore not be wrong to say that... | 1 | 9,091 | ### Instruction:
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third method of valuation in force in England to which we have already referred. The amendment therefore made in 1930 in the Madras Act does not in any way a... |
984 | Krantikari Suraksha Rakshak Sanghatana Vs. S. V. Naik | further submitted that the respondent No. 2-company had not registered itself with the Security Guards Boards for Greater bombay and Thane Districts under the Maharashtra Private Security Guards (Regulation of employment and Welfare) Act, 1981 and in the circumstances, the said concerned workmen must be considered to b... | 0[ds]( 4 ) THERE is no merit in the said contention of Mr. Singhavi on behalf of the appellants Schedule iv to the said Act, 1971 deals with unfair labour practices on the part of the employers. Item No. 5 of the said Schedule deals with the situation where employer shows partiality to one set of workers against the ot... | 0 | 1,465 | ### 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:
further submitted that the respondent No. 2-company had not registered itself with the Security Guards Boards for Greater bombay and Thane Distric... |
985 | Parminder Singh Vs. Gurpreet Singh | agreed to sell his share of 55/118 of the entire land to the respondent for a total sale consideration of L5 lakhs. The agreement, inter alia, recited that out of L5 lakhs, the respondent has paid L4 lakhs in cash at the time of execution of agreement (02.07.1995) to the respondent and has agreed to pay the balanced am... | 0[ds]14. In our considered opinion, the findings recorded by the three courts on facts, which are based on appreciation of evidence undertaken by the three Courts, are essentially in the nature of concurrent findings of fact and, therefore, such findings are binding on this Court. Indeed, such findings were equally bin... | 0 | 1,393 | ### Instruction:
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### Input:
agreed to sell his share of 55/118 of the entire land to the respondent for a total sale consideration of L5 lakhs. The agreement, inter alia, recited that out of L5 lakhs, the respo... |
986 | Vinita Dattatraya Samant Vs. Commissioner of Police, Thane & Others | furnished to the detenu was marked as Exhibit No. 48. On a perusal of this exhibit it is noticed that an innocuous incident had occurred in the canteen involving the canteen manager and the said Naik. It appears that the said Naik tried to steel some tomatoes from the canteen. The canteen manager apprehended him and qu... | 1[ds]Now in the three incidents cited above, the Detaining Authority disclosed in no uncertain terms that he was not in a position to furnish the names of the workers who had assaulted the company employees. In these circumstances, I fail to understand what purpose would have been served and the detenu asked for any pa... | 1 | 27,178 | ### Instruction:
Analyze the case proceeding and predict whether the appeal/petition will be accepted (1) or rejected (0).
### Input:
furnished to the detenu was marked as Exhibit No. 48. On a perusal of this exhibit it is noticed that an innocuous incident had occurred in the canteen involving the canteen manager and... |
987 | Firm Surajmal Banshidhar, Etc Vs. The Municipal Board, Ganganagar | six months after the accrual of the alleged cause of action."5. The question therefore is whether the illegal levy of terminal t ax (assuming that it was illegal as held by the High Court) could be said to be a thing "done or purporting to be done" under the Act. A similar question arose for the consideration of this C... | 1[ds]It was therefore held that the suit was outside the purview of the section 127(4) and was not barred by limitation. We are in respectful agreement with that view, and we have no hesitation in holding, i n the circumstances of the pre sent cases, which are governed by a provision similar to section 127(4) or the Po... | 1 | 1,890 | ### Instruction:
Using the case data, forecast whether the court is likely to side with (1) or against (0) the appellant/petitioner.
### Input:
six months after the accrual of the alleged cause of action."5. The question therefore is whether the illegal levy of terminal t ax (assuming that it was illegal as held by th... |
988 | Ganga Devi & Others Vs. State of Uttar Pradesh | with the reasoning of the High Court. The High Court was correct in holding that the sayar income during 10 agricultural years immediately proceeding the date of vesting should be taken into consideration in determining the gross assets under section 39 of the Act. 13. Counsel for the appellants submitted that the High... | 0[ds]15. The High Court held that the Compensation Officer was wrong in arriving at the average annual income by adding the annual income on the basis of period of 25 years and the appraisement of the annual yield on the date of vesting. The High Court said that the two clauses in section 39 (1) (e) of the Act were ind... | 0 | 2,517 | ### Instruction:
Interpret the case information and speculate on the court's decision: acceptance (1) or rejection (0) of the presented appeal.
### Input:
with the reasoning of the High Court. The High Court was correct in holding that the sayar income during 10 agricultural years immediately proceeding the date of ve... |
989 | M/S Galada Power & Telecomun.Ltd Vs. United India Insurnce Co.Ltd | John Romilly, M.R. has observed in Vyvyan v. Vyvyan, (1861) 30 Beav 65 : 54 ER 813: (Beav p. 75 : ER p. 817) `Waiver or acquiescence, like election, presupposes that the person to be bound is fully cognizant of his rights, and that being so, he neglects to enforce them, or chooses one benefit instead of another, either... | 1[ds]17. In the instant case, the insurer was in custody of the policy. It had prescribed the clause relating to duration. It was very much aware about the stipulation made in clause 5(3) to 5(5), but despite the stipulations therein, it appointed a surveyor. Additionally, as has been stated earlier, in the letter of r... | 1 | 3,816 | ### Instruction:
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John Romilly, M.R. has observed in Vyvyan v. Vyvyan, (1861) 30 Beav 65 : 54 ER 813: (Beav p. 75 : ER p. 817) `Waiver or acquiescence, like election, presuppo... |
990 | Ashok Metal Corporation Vs. The Senior Inspector of Police and Others | 458 and 459.(4) Except where the property is livestock or is subject to speedy and natural decay, or where a bond has been executed in pursuance of subsection (2), an order made under sub-section (1) shall not be carried out for two months, or when an appeal is presented, until such appeal has been disposed of.(5) In t... | 0[ds]18. The learned counsel for the petitioner made submissions that notice as provided under the Customs Act needs to be given within six months from the date of seizure and after such period the petitioner will be entitled to get the custody in ordinary course if the notice is not given.Relevant material is already ... | 0 | 3,906 | ### Instruction:
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458 and 459.(4) Except where the property is livestock or is subject to speedy and natural decay, or where a bond has been executed in pursuance of subsectio... |
991 | Tarapore & Company Vs. Cochin Shipyard Ltd. Cochin & Anr | that the dispute is covered by the arbitration clause observed that looking to the rival contentions, such a dispute, the determination of which turns on the true construction of the contract, would also seem to be a dispute under or arising out of or concerning the contract. The test formulated was that if in settling... | 1[ds]ng expansion of international trade and commerce, complex questions of private International Law, effect of local laws on contracts between parties belonging to different nations are certainly bound to crop up. Arbitration has been considered a civilised way of resolving such disputes avoiding court proceedings. T... | 1 | 17,780 | ### 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:
that the dispute is covered by the arbitration clause observed that looking to the rival contentions, such a dispute, the determination... |
992 | Purnima Manthena Vs. Dr. Renuka Datla | with a regular appeal under Section 10F of the Act on a question of law from a decision rendered by the CLB on merits, after a complete adjudication. The appeal before it, being one on principle and from an order rendered by the CLB in the exercise of its discretion at the preliminary stage awaiting the pleadings of th... | 1[ds]38. As the quoted provision would reveal, a person aggrieved by a decision or order of the CLB, may file an appeal before the High Court within 60 days from the date of communication of the decision or order to him on any question of law arising out of such order. The period of limitation prescribed, however, is e... | 1 | 11,002 | ### Instruction:
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### Input:
with a regular appeal under Section 10F of the Act on a question of law from a decision rendered by the CLB on merits, after a complete adjudication. Th... |
993 | Maharajadhiraja Sir Kameshwar Singh Vs. Commissioner Of Income-Tax, Bihar And Orissa | purposes. The remuneration not being received as rent or revenue of agricultural lands under a title, legal or beneficial in the property from which the income is received, it is not income exempt under S. 4(3) (viii)8. We have briefly refer to the authorities which illustrate the meaning of "agricultural income in S. ... | 0[ds]6. Agricultural income falling under cl (a) ought manifestly to be received as rent or revenue derived from land used for agricultural purposes. The income received from agricultural properties of the trust by the appellant as trustee was indisputably agricultural income in hands and it was by virtue of S. 4(3) (v... | 0 | 2,307 | ### 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:
purposes. The remuneration not being received as rent or revenue of agricultural lands under a title, legal or beneficial in the proper... |
994 | Hamidullah (Dead) by his Legal Representatives & Others Vs. Sheikh Abdullah & Others | that he (Faqir Bux) cannot be evicted from "any portion of the land without payment of the cost of the constructions by way of compensation. No permanent tansy was set up in the written statement. What was pleaded was that he was entitled to remain in possession till the subsistence of the factory and that he was not l... | 1[ds]7. As all the courts below have disbelieved the oral evidence adduced to establish the permanent leases, we do not think it necessary to deal with the same. So the question is whether the documentary evidence in the case would support the case of permanent leases put forward by defendants 1 to 3.8. In the deed of ... | 1 | 3,061 | ### 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:
that he (Faqir Bux) cannot be evicted from "any portion of the land without payment of the cost of the constructions by way of compensation. No permanent tansy... |
995 | Ramesh Prasad Singh Vs. State Of Bihar & Ors | to establish that the protection of the equal opportunity clause has been denied to them, it is not enough for the respondents to, say that they have been treated differently from others, not even enough that a differenti al treatment has been accorded to them in comparison with others similarly circumstanced. Discrimi... | 1[ds]In the State of Jammu &Kashmir v. Triloki Nath Khosea &Ors. (supra) where after integration of diploma holder and degree holder Assistant Engineers in one class , it was provided by the J& Engineering (Gazetted) Service Rules, 1970 that only those Assistant Engineers who possessed a degree in Engineering would be ... | 1 | 3,748 | ### Instruction:
Interpret the case information and speculate on the court's decision: acceptance (1) or rejection (0) of the presented appeal.
### Input:
to establish that the protection of the equal opportunity clause has been denied to them, it is not enough for the respondents to, say that they have been treated d... |
996 | National Institute of Medical Science University Rajasthan & Another Vs. State of Rajasthan & Others | in the Authority is required at any time by the Nagar Nigam, Jaipur for carrying out its functions, or by the State Government for any other purpose, the State Government may, by notification in the Official Gazette, place such land at the disposal of the Nagar Nigam, Jaipur or any Department of the State Government on... | 0[ds]30. It was submitted by learned counsel for NIMS that no encroachment was made by NIMS and that in any event there were a large number of encroachers in the catchment areas. According to learned counsel there was no reason why only NIMS should be singled out for adverse or punitive treatment. We are not at all imp... | 0 | 4,046 | ### Instruction:
Analyze the case proceeding and predict whether the appeal/petition will be accepted (1) or rejected (0).
### Input:
in the Authority is required at any time by the Nagar Nigam, Jaipur for carrying out its functions, or by the State Government for any other purpose, the State Government may, by notifi... |
997 | SHREE CHOUDHARY TRANSPORT COMPANY Vs. INCOME TAX OFFICER | question were transported through the trucks employed by the appellant but, there was no privity of contract between the truck operators/owners and the said consignor company. Indisputably, it was the responsibility of the appellant to transport the goods (cement) of the company; and how to accomplish this task of tran... | 1[ds]15. In order to maintain that the appellant was under no obligation to make any deduction of tax at source, it has been argued that there was no oral or written contract of the appellant with the truck operators/owners, whose vehicles were engaged to execute the work of transportation of the goods only on freelanc... | 1 | 11,325 | ### Instruction:
Scrutinize the evidence and arguments in the case proceeding to predict the court's decision: will the appeal be granted (1) or denied (0)?
### Input:
question were transported through the trucks employed by the appellant but, there was no privity of contract between the truck operators/owners and the... |
998 | State of Rajasthan Vs. Laxman Singh | evidence available on record leads to the reasonable conclusion and the only conclusion of guilt of the accused persons under section 302 IPC. The learned counsel pointed out from the evidence of the doctor that the injuries found on the parietal region of the body of Bachhu Singh were sufficient in the ordinary course... | 1[ds]In this case, it has been concurrently held by the courts below that the accused persons kidnapped Bachhu Singh in the manner discussed earlier. The learned counsel for the respondents fairly and, in our view rightly, did not challenge the concurrent findings recorded by the courts below. In that view of the matte... | 1 | 1,994 | ### Instruction:
Scrutinize the evidence and arguments in the case proceeding to predict the court's decision: will the appeal be granted (1) or denied (0)?
### Input:
evidence available on record leads to the reasonable conclusion and the only conclusion of guilt of the accused persons under section 302 IPC. The lear... |
999 | ORIENTAL INSURANCE COMPANY LIMITED Vs. MAHENDRA CONSTRUCTION | also examine whether the suppression relates to a fact which is in the exclusive knowledge of the person intending to take the policy and it could not be ascertained by reasonable enquiry by a prudent person. (Emphasis supplied) In Satwant Kaur Sandhu v New India Assurance Co. Ltd (2009) 8 SCC 316 , a two-judge Bench o... | 1[ds]9. The proposal form which was filled up in order to obtain the policy of insurance merely records the date of purchase of the vehicle as 2004. As against the other queries, there is a handwritten endorsement, namely, enclosed10. The NCDRC entered a finding that since the previous insurance policy had been enclose... | 1 | 2,401 | ### 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:
also examine whether the suppression relates to a fact which is in the exclusive knowledge of the person intending to take the policy and it could not be asce... |
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