Unnamed: 0 int64 0 1.22k | Case Name stringlengths 19 239 | Input stringlengths 1.35k 6.73k | Output stringlengths 105 57.5k | Label int64 0 1 | Count int64 258 107k | text stringlengths 1.54k 6.88k |
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200 | American Export Isbrandtsen Lines Inc. & Another Vs. Joe Lopez & Another | of the goods the goods are lost to the owner. The word loss as used in Paragraph 6 is in our opinion intended to mean and include every kind of loss to the owner of the goods - whether it is the whole of the consignment which is not delivered or part of the consignment which is not delivered and whether such non-delive... | 1[ds]6. Dealing with the scope of the expression "when the goods should have been delivered" in clause (3) of Paragraph 6, the Court observed :"But whether the delivery has to be made to the consignee at the ships side or is made on the quay side there can be little doubt that the carriers duty is to start the delivery... | 1 | 2,514 | ### Instruction:
Considering the arguments and evidence in case proceeding, predict the verdict: is it more likely to be in favor (1) or against (0) the appellant?
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of the goods the goods are lost to the owner. The word loss as used in Paragraph 6 is in our opinion intended to mean and include every kind of ... |
201 | Harishikesm Ganguli (Dead) Vs. Commissioner Of Income Tax, Calcutta | fact, after reading the provisions of S. 16 (1) (c) with proviso (1), the transfer is revocable, the law will not still consider the income derived from such settlement, the income of the settlor, provided the settlement is not revocable for a period exceeding six years or during the lifetime of the person for whom the... | 1[ds]It is apparent that the above clause of S, 16 (1) with its provisos is unhappily worded. In Ramji Keshavji v. Commr., of Income tax Bombay, 13 ITR 105 = (AIR 1945 Bom 254 ) the Bombay High Court considered the scheme of S. 16 (1) (c). According to that decision the first stage is that when there is a revocable tr... | 1 | 2,413 | ### Instruction:
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fact, after reading the provisions of S. 16 (1) (c) with proviso (1), the transfer is revocable, the law will not still consider the income derived from... |
202 | Anwari (Mst) Vs. State of Punjab & Others | In this appeal, by special leave, the appellant, daughter of an evacuee, has challenged the order of the High Court of Punjab and Haryana passed in CWP No. 11339 of 1993, declining to interfere with the order of the Financial Commissioner dated 3-2-1993. To appreciate the controversy here a resume of the facts will be ... | 0[ds]This Court in Assistant Custodian, E.P. v. Brij Kishore Agarwala 1974 SC 111 had occasion to consider the provisions of the U.P. Administration of Evacuee Property Ordinance (1 of 1949). It was held that under Section 5 of that Ordinance all evacuee property situate in the United Provinces vested in the Custodian... | 0 | 1,069 | ### 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:
In this appeal, by special leave, the appellant, daughter of an evacuee, has challenged the order of the High Court of Punjab and Harya... |
203 | Kanji Manji Vs. The Trustees Of The Port Of Bombay | from Government or local authority" but also erected on any land" He, therefore, held that the words "erected on any land held by any person from a local authority" were descriptive of the building and did not emphasise the point of time when the building was erected. By that phrase, what was emphasised was that the na... | 0[ds]The amendment achieved two different things. It enabled the lessee of the particular kind of budding described in cl. (a) to create sub-tenancies in spite of the ban against sub-tenancies contained in S. 15. It also excluded from the operation of sub-sec. (1) the buildings specified in cl. (a) of that sub-section.... | 0 | 4,408 | ### 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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from Government or local authority" but also erected on any land" He, therefore, held that the words "erected on any land held by any person fro... |
204 | Kotak Mahindra Bank Limited Vs. Trupti Sanjay Mehta & Others | Amendment Act No.1 of 2013 with effect from 15/01/2013 and it permits the Securitisation Company or Reconstruction Company an acquisition of financial assets under sub-section (1) which deals with acquisition of financial assets and any Bank or Financial Institution can substitute its name in any pending suit, appeal o... | 0[ds]17. In our view, submissions made by Ms. Rajani Iyer, the learned Senior Counsel appearing on behalf of the Petitioner cannot be accepted and the question framed in para 3 of this judgment will have to be answered in the negative for the followingour view, therefore, though the term debt as defined under the RDDBF... | 0 | 12,450 | ### 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:
Amendment Act No.1 of 2013 with effect from 15/01/2013 and it permits the Securitisation Company or Reconstruction Company an acquisiti... |
205 | Jai Narain Ram Lundia Vs. Kedar Nath Khetan And Others | only be done by the Court which passed the decree and not in execution. We do not intend to examine this because even if these remedies also exist, provided application is made to the proper Court, it does not affect the basic principle in execution that the executing Court must take the decree as it stands and cannot ... | 0[ds]On this point we agree with the High Court that it was not, for the followingreject this contention and remark in passing that this is inconsistent with another argument which was also urged in this Court, namely that the fact of dissolution was, no bar to performance on the defnedantsis a clear admission that the... | 0 | 3,496 | ### Instruction:
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only be done by the Court which passed the decree and not in execution. We do not intend to examine this because even if these remedies also exist, provided a... |
206 | Chaitanya Prakash & Another Vs. H. Omkarappa | he was not suitable for confirmation, and, therefore, his probation period was not extended and his service was terminated, which was challenged on the ground that the same was stigmatic for alleged misconduct. The Supreme Court negatived the said contention and upheld the order of termination. 17. In Mathew P. Thomas ... | 1[ds]16. It is no longer res integra that even if an order of termination refers to unsatisfactory service of the person concerned, the same cannot be said to be stigmatic. In this connection, we make a reference to the decision of the decision of the Supreme Court in Abhijit Gupta v. S.N.B. National Centre, Basic Scie... | 1 | 3,893 | ### Instruction:
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he was not suitable for confirmation, and, therefore, his probation period was not extended and his service was terminated, which was challenged on the ground that the... |
207 | Deputy Commissioner of Sales Tax Etc Vs. Aysha Hosiery Factory Private Limited Etc | him in his mill within the State, is assessed to tax or is liable to tax at his hands under the Kerala General Sales Tax Act. This notification came into force with effect from 1.4.1966. When the assessing authorities sought to levy the additional tax imposed under the additional Sales Tax Act, 1978 in respect of the i... | 1[ds]Any other construction would restrict the applicability of section 8 ( 2-A) of the CST Act to the sales tax law was in force in 1956 when the Central Sales Tax Act came into force and any amendment to the local law would not have any affect on the applicability of that provisions. We do not see any logic or reason... | 1 | 4,122 | ### Instruction:
From the information provided in the case proceeding, infer whether the court's decision will be positive (1) or negative (0) for the appellant.
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him in his mill within the State, is assessed to tax or is liable to tax at his hands under the Kerala General Sales Tax Act. This notification ca... |
208 | Pathan Mohammed Suleman Rehmatkhan Vs. State Of Gujarat | action of the respondent was not based on extraneous considerations or vitiated by malafide exercise of powers. Holding so, the writ petition was dismissed by the impugned order, against which this special leave petition has been preferred. 7. We heard Shri Y.N. Oza, learned counsel for the petitioner and perused the r... | 0[ds]We are of the view that these are purely policy decisions taken by the State Government and, while so, it has examined the benefits the project would bring into the State and to the people of the State. It is well settled that non-floating of tenders or absence of public auction or invitation alone is not a suffic... | 0 | 2,923 | ### 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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action of the respondent was not based on extraneous considerations or vitiated by malafide exercise of powers. Holding so, the writ petition wa... |
209 | M/S. Sylvester & Company Vs. Their Workman Through Transport & Dock Workers' Union & Another | that the workman was indulging in anti employer activities and was conducting himself in such manner as would cause loss, fraud, cheating and insubordination in the management and affairs of the company. The Employer submits that the workman was given ample opportunities for improving himself in his conduct but instead... | 1[ds]The definition in Section 2(j) excluded an office of a mine which was separately defined by Section 2(k). Hence, the Supreme Court was of the view that the head office wherever it may be situated cannot be said to do mining operations within the meaning of the definition. Hence, a dispute between the employees eng... | 1 | 8,729 | ### Instruction:
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that the workman was indulging in anti employer activities and was conducting himself in such manner as would cause loss, fraud, cheating and insubordination in the management and af... |
210 | The State Of Bombay Vs. Salat Pragji Karamsi | States Merger (Chief Commissioners Provinces) Order, 1949, which provided for the administration of the State of Kutch as if it was a Chief Commissioners Province, would not affect the position nor would the extension of the General Clauses Act under the Merged States Laws Act. Clause 4 of the Adaptation of Laws Order,... | 1[ds]The fallacy in the learned Judicial Commissioners judgment lies in this that due effect was not given to these words which had become substituted, but emphasis was laid on the words shall be construed as as if these words had been used for the purposes of interpretation of the different words in the Bombay Act rat... | 1 | 2,924 | ### 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:
States Merger (Chief Commissioners Provinces) Order, 1949, which provided for the administration of the State of Kutch as if it was a Chief Commis... |
211 | Howrah Insurance Co. Ltd Vs. Sochindra Mohan Das Gupta | against the Receiver and the appellant praying that execution do issue, against the appellant as directed by the Court. The appellant filed this objections to that petition but the learned Judge rejected the objections and directed that the damages awarded to the respondent be recovered from the appellant. The appellan... | 0[ds]We see no substances in this contention. The Subordinate Judge of Agartala may not be the successors-in-office of the District Judge because "successor-in-office" would mean successor of the District Judge in the post or office of the District Judge. But the Subordinate Judge, Agartala is, for the purposes of the ... | 0 | 1,628 | ### Instruction:
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against the Receiver and the appellant praying that execution do issue, against the appellant as directed by the Court. The appellant filed this objections to that pet... |
212 | Commissioner of Sales Tax, Uttar Pradesh and others, etc. etc Vs. M/s. Bakhtawar Lal Kailash Chand Areti and others, etc. etc | to B in State Y and if B accepts them a sale take place. It will be seen that in this case the movement of goods is neither in pursuance of the agreement to sell nor is the movement occasioned by the sale. The seller himself takes the goods on State Y and sells the goods there. This is, therefore, purely an internal sa... | 0[ds]11. It we examine the facts of this case in the light of the above principles, it would be clear that the purchases effected by the respondent-dealer were inter-State purchases. The purchases were made by the respondent as a commission agent on behalf of the ex-U.P. principals and the goods purchased under each of... | 0 | 4,209 | ### 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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to B in State Y and if B accepts them a sale take place. It will be seen that in this case the movement of goods is neither in pursuanc... |
213 | Reginald Edward Negus & Others Vs. Official Liquidator & Another | Prothonotary, Master and Assistant Master, and such other officer as may be authorised by the Chief Justice to perform all or any of the duties assigned to the Registrar under the these Rules...."5. It is, in our view, clear that by the order dated 23rd June, 1983 the learned Acting Chief Justice authorised the Taxing ... | 1[ds]5. It is, in our view, clear that by the order dated 23rd June, 1983 the learned Acting Chief Justice authorised the Taxing Master to perform the duty of taxation of bills of costs assigned to the Registrar under Rule 340 of the Company (Court) Rules.Rather than send the matter back to the learned Company Judge no... | 1 | 2,368 | ### 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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Prothonotary, Master and Assistant Master, and such other officer as may be authorised by the Chief Justice to perform all or any of the duties assigned to the... |
214 | Madhukar Nirgudkar S/O Dattaraya Nirgudkar Vs. Maharashtra State Financial Corporation & Another | inter alia, stipulated that the guarantors would be liable to secure the repayment of the loan amount with interest on conditions contained in the deed of mortgage. It appears that there were internal differences between the Directors of the said Company as a result of which the Company closed its factory and in fact e... | 0[ds]This submission appears to have been made before the trial Court as well, and was made by keeping in mind the guidelines issued by the Apex Court in Mahesh Chandra v. Regional Manager, U.P. Financial Corporation and others (AIR 1993 SC 935 ) and in that regard the learned trial Court observed, and, in our view rig... | 0 | 1,306 | ### 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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inter alia, stipulated that the guarantors would be liable to secure the repayment of the loan amount with interest on conditions conta... |
215 | Bhushan Power & Steel Ltd. Vs. State Of Orissa | dispute between the members of the Bhushan Group had been settled and the parties had mutually agreed to withdraw all the allegations and claims relating to the MOU dated 15th May, 2002. Incidentally, by filing I.A.No.13, BSSL confirmed that Bhushan Power & Steel Ltd. was the sole beneficiary under the MOU dated 15th M... | 1[ds]30. The mutual settlement of the disputes between the members of the Bhushan Group has altered the situation considerably, since BSSL has withdrawn its claim under the MOU dated 15th May, 2002, and has declared that the said MOU was and had always been executed by the State Government in favour of Bhushan Power & ... | 1 | 4,836 | ### 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:
dispute between the members of the Bhushan Group had been settled and the parties had mutually agreed to withdraw all the allegations a... |
216 | UNION OF INDIA Vs. NARESHKUMAR BADRIKUMAR JAGAD | decision will be of any avail to the respondents (Trust). As already noted, it is not a case of subletting by the statutory tenant (Podar Mills Ltd.) but instead a case of involuntary transfer and vesting of rights and interest of the statutory or protected tenant in respect of the suit property in the Central Governme... | 1[ds]19. Reverting to the question of whether Union of India has locus to file the review petition, we must immediately advert to Section 114 of the Code of Civil Procedure ( CPC) which, inter alia, postulates that any person considering himself aggrieved would have locus to file a review petition. Order XLVII of CPC r... | 1 | 19,125 | ### 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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decision will be of any avail to the respondents (Trust). As already noted, it is not a case of subletting by the statutory tenant (Podar Mills ... |
217 | M/s. Radhakrishna Agarwal and Others Vs. State of Bihar and Others | of the several persons is: selected by the State for a particular contractual transaction. Learned counsel for the appellants submitted that there was a conflict between what was laid down here and the law declared by this Court in Erusian Equipment &Chemicals Ltd.s case (supra). We think that the two cases are disting... | 0[ds]It is thus clear that the Erusian Equipment &Chemicals Ltd.s case (supra) involved discrimination at the very threshold or at the time of entry into the field of consideration of persons. with whom the Government could contract at all. At this stage, no doubt, the State acts purely in its executive capacity and is... | 0 | 4,913 | ### Instruction:
Analyze the case proceeding and predict whether the appeal/petition will be accepted (1) or rejected (0).
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of the several persons is: selected by the State for a particular contractual transaction. Learned counsel for the appellants submitted that there was a conflict between what was laid d... |
218 | SOPAN(DEAD) THROUGH HIS L.R Vs. SYED NABI | contend that the subsequent document would rebut the presumption. In so far as the legal position relating to the manner in which the document is to be construed, we notice that this Court in the case of Dharmaji Shankar Shinde & Ors. vs. Rajaram Sripad Joshi (D) Lrs. and Ors. (2019) 6 SCALE 682 had considered the enti... | 1[ds]5. From a perusal of the proviso to Section 58(c) as emphasised, it indicates that no transaction shall be deemed to be a mortgage unless the condition is embodied in the document which effects or purports to effect the sale. Therefore, any recital relating to mortgage or the transaction being in the nature of a c... | 1 | 2,558 | ### Instruction:
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contend that the subsequent document would rebut the presumption. In so far as the legal position relating to the manner in which the document is to be construed, we notice th... |
219 | Kunjamma Mathai Vs. Marcelo Fernandes & Others | from Margao towards Curtorim side and when he reached near a culvert at Gogol a motor cycle overtook him with a pillion rider. Before reaching the culvert he saw mini bus coming in the opposite direction proceeding towards Margao. When the motor cycle reached 9 or 10 metres after overtaking him, the rider of the motor ... | 1[ds]7. In no manner whatsoever we are able to fault with the compensation determined in the present case as it seems to us that the Tribunal was fair in importing the doctrine of dependency and having regard to the circumstances holding Rs.s the annual loss and without further curtailing the sum, applied the fair mult... | 1 | 2,644 | ### Instruction:
Given the specifics of the case proceeding, anticipate the court's ruling: will it favor (1) or oppose (0) the appellant’s request?
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from Margao towards Curtorim side and when he reached near a culvert at Gogol a motor cycle overtook him with a pillion rider. Before reaching the culvert he s... |
220 | M/S. British Paints (India) Ltd Vs. Its Workmen | standard of health and increase in longevity in this country during the last fifty years that the age of retirement should be fixed at a higher level, and we consider that generally speaking in the present circumstances fixing the age of retirement at 60 years would be fair and proper, unless there are special circumst... | 1[ds]The tribunal as already indicated has fixed the age of retirement at 58 years for clerical and subordinate staff and 55 years for factory workmen and has apparently relied on the decision of this Court in Workmen of Jessop and Co. Ltd. v. Jessop and Co. Ltd.,Lab LJ 451 (SC).3. Now this is a case where there was no... | 1 | 1,905 | ### Instruction:
Given the specifics of the case proceeding, anticipate the court's ruling: will it favor (1) or oppose (0) the appellant’s request?
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standard of health and increase in longevity in this country during the last fifty years that the age of retirement should be fixed at a higher level, and we c... |
221 | GOVERNMENT OF INDIA & ORS. Vs. ISRO DRIVERS ASSOCIATION | recognition under the rules submitted their applications:- 1. SHAR Employees Association (SEA) 2. SHAR Employees Trade Union (SETU) 3. SHAR Employees Union (SEU) 4. SHAR Antariksh Staff Association (SASA) 26. Out of the above four Associations/Unions, three participated in the process of verification held on 10 th Janu... | 1[ds]17. R5(d)(i) defines the membership of service association who can be granted recognition has been restricted to a distinct category of Government servants having common service interest and represents 35% of total number of category of employees with a proviso that where there is only one association which comman... | 1 | 4,816 | ### Instruction:
Examine the details of the case proceeding and forecast if the appeal/petition stands a chance of being upheld (1) or dismissed (0).
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recognition under the rules submitted their applications:- 1. SHAR Employees Association (SEA) 2. SHAR Employees Trade Union (SETU) 3. SHAR Employees Union (S... |
222 | Indian Aluminium Co Vs. State Of Kerala | power equally must be guarded to maintain the delicate balance devised by the Constitution between the three sovereign functionaries need free-play in their joints so that the march of social progress and order remain unimpeded. The smooth balance built with delicacy must always be maintained :(5) In its anxiety to saf... | 0[ds]Indisputably, the title of the Act as well as the charging Section 3 employ the words "duty on supply of electricity. Under Article 246 (3) of the Constitution, every State legislature has explicit power to make law for that State with respect to the matters enumerated in List II (State List) of the Seventh Schedu... | 0 | 13,282 | ### Instruction:
From the information provided in the case proceeding, infer whether the court's decision will be positive (1) or negative (0) for the appellant.
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power equally must be guarded to maintain the delicate balance devised by the Constitution between the three sovereign functionaries need free-pla... |
223 | Marine Container Services South Private Limited Vs. Go Go Garments | Special leave granted.2. The respondent has been served and has put in an appearance and filed a counter. It was not represented when the SLP had been called out on an earlier date, when it was adjourned due to its absence. It is not represented today, even after the SLP have been passed over once.3. The order that is ... | 1[ds]5. The District Consumer Disputes Redressal Forum, Madras, before whom the respondent had instituted the claim, had found in favour of the appellant, both on the basis of Section 230 of the Contract Act as also on the issue of limitation. The State Consumer Disputes Redressal Commission, Madras, in appeal, upheld ... | 1 | 538 | ### Instruction:
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Special leave granted.2. The respondent has been served and has put in an appearance and filed a counter. It was not represented when the SLP had been called o... |
224 | Shah Bhojraj Kuverji Oil Mills And Ginning Factory Vs. Subbash Chandra Yograj Sinha | the State of Bombay. If nothing more had been said, S. 7 of the Bombay General Clauses Act, would have applied, and all pending suits" and proceedings would have continued under the old law, as if the repealing Act had not been passed. The effect of the proviso was to take the matter out of S. 7 of the Bombay General C... | 1[ds]9. The law with regard to provisos is well-settled and well-understood. As a general rule, a proviso is added to an enactment to qualify or create an exception to what is in the enactment, and ordinarily, a proviso is not interpreted as stating a general rule. But, provisos are often added not as exceptions or qua... | 1 | 3,480 | ### Instruction:
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the State of Bombay. If nothing more had been said, S. 7 of the Bombay General Clauses Act, would have applied, and all pending suits" and proceedings would have co... |
225 | Nirmal Singh Vs. State of Rajasthan | continues to remain present for a considerable time in that part of the country specially in the months of September and October, when the sky is comparatively clearer than in other months. We have no reason to differ from the conclusions arrived at by both the courts that there was sufficient light for the eye-witness... | 1[ds]There is no doubt that the appellant had motive against the deceased and P.W. 1 as disclosed by Exhibit, dated September 13, 1965, to which we have already referred.It is urged that this letter which was addressed to Sardul Singh, P.W. 9 brother of Balbir Singh was more in the nature of a request to him to interce... | 1 | 3,506 | ### Instruction:
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continues to remain present for a considerable time in that part of the country specially in the months of September and October, when the sky is comparative... |
226 | Shrishri Infrastructure Pvt. Ltd Vs. The State of Maharashtra and Ors | and financial bids were opened on the same day; and (v) In spite of the fact that the petitioner being lowest bidder his claim was turned down on flimsy grounds. 15. In the instant case, the online percentage rate tenders were invited for carrying out construction work of eight primary health centers at various places ... | 0[ds]15. In the instant case, the online percentage rate tenders were invited for carrying out construction work of eight primary health centers at various places within the Jalgaon district. The bidders were required to fill up the online tender between 20.11.2020 to 14.12.2020 till 18:00 hours. The technical bid was ... | 0 | 3,778 | ### 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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and financial bids were opened on the same day; and (v) In spite of the fact that the petitioner being lowest bidder his claim was turned down on flimsy grounds. 15. In the in... |
227 | Lila Ram Etc Vs. Union of India and Others Etc | notification were subsequently ordered not to be acquired. This fact too, in our opinion, would not militate against the validity of the acquisition of the land of the appellant. According to section SA of the Act, any person interested in any land which has been notified under section 4, sub-section (1), as being need... | 0[ds]In this collection we find that the judgment of the High Court shows that the appellant did not challenge the notification in question or the acquisition proceedings on the ground that the public purpose mentioned in the notification was vague. As such, the appellant in our opinion, cannot be allowed to agitate th... | 0 | 2,868 | ### Instruction:
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notification were subsequently ordered not to be acquired. This fact too, in our opinion, would not militate against the validity of the acquisition of ... |
228 | K. K. Chari Vs. R. M. Seshadri | many as 45 Exs. one of which was the order of eviction obtained against him, being Ext 45. The respondent did not cross-examine the appellant. When the evidence of the landlord was before the court supported, as it was by, the innumerable exhibits filed by him, it can surely be stated that a stage had been reached when... | 1[ds]17. Our attention has been drawn to certain English decisions rendered under the Rent Restrictions Act, wherein it has been held that though the court has jurisdiction to order possession in favour of a landlord only on one or other of the specified statutory grounds, the court may act on an admission made by a te... | 1 | 7,027 | ### 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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many as 45 Exs. one of which was the order of eviction obtained against him, being Ext 45. The respondent did not cross-examine the appellant. When the evidence of the landlor... |
229 | New India Assurance Co Vs. C.M. Jaya | so done, it amounts to re-writing the statute or the contract of insurance which is not permissible. 14. In the light of what is stated above, we do not find any conflict on the question raised in the order of reference between the decisions of two benches of three learned Judges in Shanti Bai and Amrit Lal Sood aforem... | 1[ds]10. Thus, a careful reading of these decisions, clearly shows that the liability of the insurer is limited, as indicated in Section 95 of the Act, but it is open to the insured to make payment of additional higher premium and get higher risk covered in respect of third party also. But in the absence of any such cl... | 1 | 4,039 | ### Instruction:
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so done, it amounts to re-writing the statute or the contract of insurance which is not permissible. 14. In the light of what is stated above, we do not... |
230 | Union Of India & Others Vs. Vartak Labour Union (2) | 16. We are of the opinion that the respondent Unions claim for regularization of its members merely because they have been working for BRO for a considerable period of time cannot be granted in light of several decisions of this Court, wherein it has been consistently held that casual employment terminates when the sam... | 1[ds]13. We are of the opinion that there is force in the contentions urged on behalf of the appellants and these must prevail. We are convinced that the Division Bench has erroneously construed the Office memo dated 2nd February, 2001 as an approved scheme for absorption and regularization of the casual workers. It is... | 1 | 3,452 | ### 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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16. We are of the opinion that the respondent Unions claim for regularization of its members merely because they have been working for BRO for a... |
231 | Hyundai Corporation & Another Vs. Oil and Natural Gas Corporation Ltd | tax under Section 148 of the Act. As a result, the sub-contractor became liable to pay various amounts by way of tax, both under Section 44BB and otherwise, inasmuch as they opted under a particular Circular of the Government of India dated July, 1987, to pay tax on the basis of the said Circular. Given this fact situa... | 1[ds]5. It will be noticed on a perusal of the award of the Umpire, that a decision has been rendered on an issue which was never referred to the learned Umpire. The award was ultimately only on the said issue. In passing, the Umpire did refer to Clause 13.2.7, which was the only bone of contention left between the par... | 1 | 1,691 | ### Instruction:
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### Input:
tax under Section 148 of the Act. As a result, the sub-contractor became liable to pay various amounts by way of tax, both under Section 44BB and otherwise, inasmuch as they opted under... |
232 | GAURAV HARGOVINDBHAI DAVE Vs. ASSET RECONSTRUCTION COMPANY (INDIA) LTD | R.F. Nariman, J.1. In the present case, the Respondent No.2 was declared NPA on 21.07.2011. At that point of time, the State Bank of India filed two O.As in the Debt Recovery Tribunal in 2012 in order to recover a total debt of 50 Crores of rupees. In the meanwhile, by an assignment dated 28.03.2014, the State Bank of ... | 1[ds]6. Having heard the learned counsel for both sides, what is apparent is that Article 62 is out of the way on the ground that it would only apply to suits. The present case being ?an application? which is filed under Section 7, would fall only within the residuary article 137. As rightly pointed out by learned coun... | 1 | 786 | ### Instruction:
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R.F. Nariman, J.1. In the present case, the Respondent No.2 was declared NPA on 21.07.2011. At that point of time, the State Bank of India filed two O.A... |
233 | Kerala State Beverages Manufacturing & Marketing Corporation Ltd Vs. The Assistant Commissioner of Income Tax Circle 1(1) | showed that income tax which was to be charged was to be increased by a surcharge for the pur- pose of the Union. The word surcharge has thus been used to either increase the rates of income tax and super tax or to increase these taxes. The scheme of the Finance Act of 1971 appears to leave no room for doubt that the t... | 0[ds]9. During the assessment years 2014--2015 and 2015--2016 the appellant was holding FL-9 and FL-1 licences to deal in wholesale and retail of, Indian Made Foreign Liquor (IMFL) and Foreign Made Foreign Liquor (FMFL) granted by the Excise Department. FL-9 licence was issued to deal in wholesale liquor, which they we... | 0 | 7,991 | ### Instruction:
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showed that income tax which was to be charged was to be increased by a surcharge for the pur- pose of the Union. The word surcharge has thus been used... |
234 | Life Insurance Corporation of India Vs. G. M. Channabasamma | Mallikarjunaih. In his statement before the court in September 1966 he claimed to have treated Gurupadaiah from 1953 to 1957. He was charging fee for his services but on a concessional rate as he was a tenant in the house belonging to Mallikarjunaih. According to the plaintiffs case, certain dispute had arisen between ... | 0[ds]Having regard to the facts of the present case, learned counsel for the parties have rightly stated that this distinction is not material in the present appeal. If the allegations of fact made on behalf of the appellant Company are found to be correct, all the three conditions mentioned in the Section and discusse... | 0 | 2,475 | ### 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:
Mallikarjunaih. In his statement before the court in September 1966 he claimed to have treated Gurupadaiah from 1953 to 1957. He was charging fe... |
235 | Siddho Mal Paper Conversion Company Vs. State of Uttar Pradesh and Others | 1. This appeal by special leave impugns the judgment of the High Court at Allahabad whereby the writ petition filed by the appellant was dismissed and the U.P. Sales of Motor Spirit, Diesel Oil and Alcohol Taxation (Amendment) Act, 1976 was upheld2. The appellant carries on the business of printing and processing wrapp... | 0[ds]9. It is, therefore, clear that the section itself provides the point of time at which the purchase tax is attracted and the rate at which it has to be paid. The section provides that it "shall be collected and paid in the prescribed manner to the State Government". That the Rules, being in the prescribed manner, ... | 0 | 1,058 | ### Instruction:
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1. This appeal by special leave impugns the judgment of the High Court at Allahabad whereby the writ petition filed by the appellant was dismissed and the U.P. Sales of Motor Spirit,... |
236 | BATESWARI DAYAL MISHR SHIKSHA SAMITI Vs. MADHYA PRADESH NURSES REGISTRATION COUNCIL | respondent, the form submitted by the appellant institution was incomplete, as it did not give the faculty details, nor did it upload any supporting documents along with the form. The appellant institution was thus not given permission even for under¬graduate courses for the academic session 2018¬19. It was further con... | 1[ds]7. Though it may be true that the appellant institution had been granted affiliation for running B.Sc (Nursing) course since 2006, but from the record it is clear that for the academic session 2018¬ 19, there was no permission accorded by the Madhya Pradesh Nurses Registration Council for running the B.Sc (Nursing... | 1 | 1,896 | ### Instruction:
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respondent, the form submitted by the appellant institution was incomplete, as it did not give the faculty details, nor did it upload any supporting documents along with the f... |
237 | THOTA SRIDHAR REDDY & ORS Vs. MANDALA RAMULAMMA & ORS | not being challenged as per the procedure established by law. The Court held that the revenue entries made ignoring the 38-E certificate are illegal and that when once the title is established and the defendants had failed to prove adverse possession or any other right to remain in possession, the plaintiffs are entitl... | 0[ds]25. We have heard learned counsels for the parties and find no merit in the present appeals.26. In Sada, a Full Bench of the Andhra Pradesh High Court examined various aspects of the Tenancy Act by framing 9 points for consideration by giving complete legislative history of the Tenancy Act. The High Court held on ... | 0 | 14,416 | ### Instruction:
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not being challenged as per the procedure established by law. The Court held that the revenue entries made ignoring the 38-E certificate are illegal and that when once the tit... |
238 | S. Syed Mohideen Vs. P. Sulochana Bai | p.12, and particularly the following: "A proprietary right in a mark sought to be registered can be obtained in a number of ways. The mark can be originated by a person or can be acquired, but in all cases it is necessary that the person putting forward the application should be in possession of some proprietary right ... | 0[ds]12. After considering the aforesaid submissions of the counsel for the parties, we find formidable force in the arguments of the learned counsel for the appellant predicated on the rights accrued to him as a result of the trade mark of Tirunelveli Iruttukadai Halwa having been duly registered by the Registrar unde... | 0 | 8,825 | ### Instruction:
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p.12, and particularly the following: "A proprietary right in a mark sought to be registered can be obtained in a number of ways. The mark can be originated ... |
239 | Firms Amar Nath Basheshar Dass Vs. Tek Chand | one of the duties imposed on the Courts in interpreting a particular provision of law, rule or notification is to ascertain the meaning and intendment of the legislature or of the delegate, which in exercise of the powers conferred on it, has made the rule or notification in question. In doing so, we must always presum... | 0[ds]5. The learned Advocate for the respondent has suggested a construction of the notification which is consistent with our reading of the notification and that is that the words were or are used in clause (b) both in respect of the filing of the suits and the passing of the decrees would indicate that these suits sh... | 0 | 2,675 | ### Instruction:
Examine the details of the case proceeding and forecast if the appeal/petition stands a chance of being upheld (1) or dismissed (0).
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one of the duties imposed on the Courts in interpreting a particular provision of law, rule or notification is to ascertain the meaning and intendment of the ... |
240 | P.S. Meherhomji Vs. K.T.Vijay Kumar | caution to the effect that the power of quashing a criminal proceeding should be exercised very sparingly and with circumspection and that too in the rarest of rare cases; that the court will not be justified in embarking upon an enquiry as to the reliability or genuineness or otherwise of the allegations made in the F... | 0[ds]11. Indisputably, judicial process should not be an instrument of oppression or needless harassment. The court should be circumspect and judicious in exercising discretion and should take all the relevant facts and circumstances into consideration before issuing process lest it would be an instrument in the hands ... | 0 | 3,764 | ### Instruction:
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caution to the effect that the power of quashing a criminal proceeding should be exercised very sparingly and with circumspection and that too in the rarest of... |
241 | K. Iswara Wariyyar Vs. Union of India | Grover, J. 1. This appeal (C.A. 1339/69) from a judgment of the Kerala High Court has been brought by certificate but that has been found to be defective for want of reasons and therefore has to be revoked. However, a petition for special leave was filed and the same was granted. In that appeal (C.A. 1422/71) the main ... | 1[ds]2. The only other point relates to the right which the Sthanamdar had as an ex officio "Uralan" (trustee) of the Devaswom property to live and make use of the two houses in Koduvayoor in a compound which belonged to the Devaswom section of the Sathanam. The Revenue sought to include the value of that right also in... | 1 | 284 | ### Instruction:
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### Input:
Grover, J. 1. This appeal (C.A. 1339/69) from a judgment of the Kerala High Court has been brought by certificate but that has been found to be defective for want of reasons a... |
242 | Commnr. Of Central Excise, Ahmedabad Vs. Solid & Correct Engg. Works | to the earth on the site of the sugar factory could be treated as goods within the meaning of Central Excise Act, 1944. This Court on facts noted that mono vertical crystallisers are fixed on a solid RCC slab having a load bearing capacity of about 30 tonnes per sq. mt. and are assembled at site with bottom plates, tan... | 1[ds]2. It is evident from the above that any machinery which is used for mixing is dutiable. That Asphalt Drum/Hot Mix Plant is a machinery meant for mixing etc. was not disputed before us.It is nobodys case that the attachment of the plant to the foundation is meant for permanent beneficial enjoyment of either the fo... | 1 | 6,247 | ### Instruction:
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to the earth on the site of the sugar factory could be treated as goods within the meaning of Central Excise Act, 1944. This Court on facts noted that mono v... |
243 | Maharaji Educational Trust Vs. Sgs Constructions & Dev.P.Ltd | of the Act and the words “to make investigation, examination or survey of any property” in section 15(1)(m) will take their meaning and colour from the other phrases employed in section 15(1). As held by this Court in Rohit Pulp & Paper Mills Ltd. v. Collector of Central Excise, Baroda [1990 (3) SCC 447 ] : “12. The pr... | 1[ds]9. After hearing learned counsel for the parties at length, we are of the considered opinion that it was a misadventure on the part of the Builder to file a writ petition for the kind of reliefs prayed for and that too could not have been entertained by the Bench at21 acres of land, out of the total of 63.45 acres... | 1 | 8,137 | ### Instruction:
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of the Act and the words “to make investigation, examination or survey of any property” in section 15(1)(m) will take their meaning and colour from the other phrases employed in sect... |
244 | FIRM RAJASTHAN UDYOG & ORS. Vs. HINDUSTAN ENGINEERING AND INDUSTRIES LTD | the land at the price so declared by the Arbitrator in its Award, could not be directed. 39. Even otherwise, there cannot be any equity in favour of the respondent, as neither any amount was paid nor deposited by the respondent. No earnest money was also paid by the respondent. It was only the stamp paper worth Rs.1,21... | 1[ds]21. The anchor sheet of the case of the respondent is the Agreement dated 01.02.1980 between the parties (i.e. appellant and respondent) as well as the Arbitration award dated 09.06.198527. In our considered opinion, in the facts of the present case, the answer to the same would be an emphatic no28. There cannot b... | 1 | 8,333 | ### Instruction:
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the land at the price so declared by the Arbitrator in its Award, could not be directed. 39. Even otherwise, there cannot be any equity in favour of th... |
245 | Mangru Mahto & Ors Vs. Shri Thakur Taraknathji Tarakeshwar Math & Ors | Kishore, 21 Cal WN 88 at p. 92: (AIR 1917 Cal 222 at p. 225) Mookerjee J. held that a mortgagor in possession may grant a lease conformable to usage in the ordinary course of management, for instance he may create a tenancy from year to year in the case of agricultural lands or from month to month in the case of houses... | 0[ds]We think that this contention should be rejected. In view of the orders passed against Kashinath in the claim proceedings and his failure to institute suits under O. 21, R. 63, C. P. C., Kashinath was precluded from claiming that he had the right to attach the suit lands execution of his money decree, but he was n... | 0 | 3,466 | ### 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:
Kishore, 21 Cal WN 88 at p. 92: (AIR 1917 Cal 222 at p. 225) Mookerjee J. held that a mortgagor in possession may grant a lease conformable to usa... |
246 | JAHANGIR HUSSAIN Vs. THE STATE OF WEST BENGAL | 7th March, 2000 at about 4 p.m. the accused persons on trial along with another accused Tony Anthony (since deceased) intercepted one Ranjan Ojha at the crossing of Brabourne Road and Sukeas Lane within the P.S. Hara Street, Calcutta and identified themselves as officers of Customs falsely and asked Ranjan Ojha to get ... | 1[ds]5.1 We have gone through and considered in detail the judgment and order passed by the learned trial Court as well as the impugned judgment and order passed by the High Court. We have minutely considered and even re-appreciated the entire evidence onHaving heard the learned advocates for the respective parties and... | 1 | 1,192 | ### Instruction:
Analyze the legal arguments presented and estimate the likelihood of the court accepting (1) or rejecting (0) the petition.
### Input:
7th March, 2000 at about 4 p.m. the accused persons on trial along with another accused Tony Anthony (since deceased) intercepted one Ranjan Ojha at the crossing of Br... |
247 | Mohammad Baqar & Others Vs. Naim-Un-Nisa Bibi & Others | died, and his three sons and two daughters were brought on record as his legal representatives on 4-1-1943. These were the persons who were interested in the subject-matter of the decree, which was under appeal.Now, the document on which the appellants rely as being the compromise is signed by the second defendant, She... | 0[ds]5. In our opinion, the application must fail on the short ground that the compromise is not proved. The appellants applied to the High Court to have the compromise recorded and transmitted to this Court. In their application, they stated that the sons of the first defendant, though agreeable to the terms of the co... | 0 | 1,916 | ### 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:
died, and his three sons and two daughters were brought on record as his legal representatives on 4-1-1943. These were the persons who were intere... |
248 | Angurbala Mullick Vs. Debabrata Mullick | document. It is to be noted that Mrityunjoy was the owner of the dedicated properties and the real founder of the endowment. The mother was associated with him in the act of dedication because it was she who consecrated and established the deity and was looking after its worship and service since it was installed. It w... | 1[ds]13. The exact legal position of a shebait may not be capable of precise definition but its implications are fairly well established. It is settled by the pronouncement of the Judicial Committee in Vidya Varuti v. Balusami [48 I.A. 302] that the relation of a shebait in regard to debutter property is not that of a ... | 1 | 7,442 | ### 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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document. It is to be noted that Mrityunjoy was the owner of the dedicated properties and the real founder of the endowment. The mother was asso... |
249 | Collector of Central Excise, Madras Vs. MRF Ltd | 1. This appeal by the assessee is directed against the judgment and order of the Customs, Excise and Gold (Control) Appellate Tribunal, South Regional Bench at Madras dated 24-9-1986 whereby the assessees claim for refund of excise duty on the differential between the price on the date of removal and the reduced price ... | 0[ds]2. We have heard the learned counsel for the assessee. Once the assessee has cleared the goods on the classification and price indicated by him at the time of the removal of the goods from the factory gate, the assessee becomes liable to payment of duty on that date and time and subsequent reduction in prices for ... | 0 | 592 | ### Instruction:
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1. This appeal by the assessee is directed against the judgment and order of the Customs, Excise and Gold (Control) Appellate Tribunal, South Regional B... |
250 | Brace Transport Corporation of Monrovia, Bermuda Vs. Orient Middle East Lines Limited, Saudi Arabia & Others | enforcement will not be chosen by or on behalf of the parties. It will depend upon the circumstances of each particular case.So far as recognition of an international award is concerned, the successful party only needs to seek recognition if proceedings are brought against him in respect of a matter which has already b... | 1[ds]11. Before we deal with the facts of the case before us, a statement of some broad principles is necessary. The New York Convention speaks of ?recognition and enforcement? of an award. An award may be recognised, without being enforced; but if it is enforced, then it is necessarily recognised. Recognition alone ma... | 1 | 4,707 | ### Instruction:
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enforcement will not be chosen by or on behalf of the parties. It will depend upon the circumstances of each particular case.So far as recognition of an... |
251 | State of Kerala Vs. Messrs Madras Rubber Factory Limited & Others | be followed for the realisation of the statutory dues. It is in this context that sub-section (2) enables the framing of the rules whereby the duty instead of being realised from the producer is realised at a latter stage, namely, from the manufacturer. Once the liability of payment of cess has got attached to the rubb... | 1[ds]In our opinion the aforesaid decision is clearly applicable to the present case. Like the Mohan Brewerles case the excise duty under Section 12 (1) is levied on the production or manufacture of r ubber at the rate specified thereunder. it is only by Rule 33 (1) similar to Rule 22 of TNIMFL that the cess had to be ... | 1 | 6,806 | ### Instruction:
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be followed for the realisation of the statutory dues. It is in this context that sub-section (2) enables the framing of the rules whereby the duty inst... |
252 | State of Punjab & Another Vs. M.L. Puri | Alagiriswami, J.1. The appeal before it was disposed of by the Punjab and Haryana High Court solely on the ground that the sanction to prosecute the respondent was not given by the Governor. Since then this Court has decided in Shamsher Singhs case (19741 2 SCC 831= (AIR 1974 SC 2192 ) that the Governor need not look i... | 0[ds]In view of the decision in Shamsher Singhs case (supra), validity of the sanction will have to be decided both on the basis whether the Chief Minister had seen the case as also on the basis whether the Chief Secretary could be said to have made the sanction order. We say nothing as to whether the prosecution would... | 0 | 470 | ### Instruction:
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Alagiriswami, J.1. The appeal before it was disposed of by the Punjab and Haryana High Court solely on the ground that the sanction to prosecute the responde... |
253 | Arun Kumar Ghosh Vs. State of West Bengal | for detention was vague, in that, it contained numerous, alleged acts, including some which would not fall within clause (d) of Section 3(2), that those which did not fall within that clause would be extraneous and irrelevant and that their inclusion in that ground vitiated the impugned order. It was urged that volunte... | 0[ds]7. Ground No. (1) if properly read, first describes a secret meeting of the member of Naxalite party held on January 14, 1971 and then its proceeding. These proceedings, as narrated in the ground, fall into four parts, namely, (1) that the petitioner volunteered to become a member of its Action Squad, which presum... | 0 | 1,650 | ### Instruction:
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for detention was vague, in that, it contained numerous, alleged acts, including some which would not fall within clause (d) of Section 3(2), that those which did n... |
254 | M/S GENENTECH INC Vs. DRUGS CONTROLLER GENERAL OF INDIA | with Biocon and Mylan. The Division Bench felt that respondent no.3 is on similar footing as Biocon and Mylan and therefore parity in marketing of their respective biosimilar product can be allowed. 18. In their challenge to the impugned order, the appellants have contended that in passing the impugned order, the Divis... | 1[ds]17. As permitted by the interim order dated 25.4.2016, the respondent no.3 launched their bio similar product TrastuRel and they have been in the market with their drug for the last about three and a half years. They have also participated in Government tenders and when certain doubts were raised on whether the dr... | 1 | 4,530 | ### Instruction:
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with Biocon and Mylan. The Division Bench felt that respondent no.3 is on similar footing as Biocon and Mylan and therefore parity in marketing of their respective biosimilar product... |
255 | Management of Churakulam Tea Estate Private, Limited Vs. Its Workmen & Another | such proceedings:* * * *"22. The expression Board is defined inSection2 (c) as a Board of Conciliation, constituted under the Act. Admittedly there were no conciliation proceedings pending before such a Board on November 30, 1961, the day on which the factory workers went on strike and hence the strike does not come un... | 1[ds]It will be seen from the above extract that an additional circumstance has also been insisted upon, in the case of customary or traditional bonus, that the payment must have been at a uniform rate throughout to justify an inference that the payment at such and such a rate had become customary and traditional in th... | 1 | 5,288 | ### Instruction:
Interpret the case information and speculate on the court's decision: acceptance (1) or rejection (0) of the presented appeal.
### Input:
such proceedings:* * * *"22. The expression Board is defined inSection2 (c) as a Board of Conciliation, constituted under the Act. Admittedly there were no concilia... |
256 | Jagdish Vs. State of Haryana | to be discarded, the role not to be accepted. Mr Sachher has also submitt ed that although Om Prakash and Joginder Pal deposed that they were eye witnesses to the incident of murder committed by Jagdish, it is quite apparent that Jagdish was not known to the said eye witnesses. Therefore, mere assertion by PW 1 and PW ... | 0[ds]After giving our careful consideration to the facts and circumstances of the case and the evidences adduced through which we have been taken, it appears to us that the incident of murder had taken place at about 4.00 P.M. PW 1 and PW 2 immediately had removed the victim to the hospital where he was declared dead b... | 0 | 2,738 | ### Instruction:
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to be discarded, the role not to be accepted. Mr Sachher has also submitt ed that although Om Prakash and Joginder Pal deposed that they were eye witnesses to the incident of murder ... |
257 | Bhupendra Kumar Chimanbhai Kachiya Patel & Others Vs. Divisional Controller GSRTC Nadiad | reads as under:“In reference to the representation made to delete the provision of the section 29 of the settlement dated 23/11/1984 and implement the provision of section 43 of the settlement dated 22/10/1964 it is determined that after preparing the Division wise list of the selected employees they will be given temp... | 0[ds]23. Having heard the learned counsel for the parties and on perusal of the record of the case, we find no merit in the appeals.24. As rightly argued by the learned ASG, the issue in question has to be decided in the light of clause 20 of the Settlement.25. One cannot dispute the legal proposition that the settleme... | 0 | 2,615 | ### Instruction:
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### Input:
reads as under:“In reference to the representation made to delete the provision of the section 29 of the settlement dated 23/11/1984 and implement the provisio... |
258 | B. Shankara Rao Badami & Ors Vs. State Of Mysore & Anr | clearly so demand, a statute is not to be construed so as to take away the property of a subject without compensation: Attorney-General v. De Keysers Royal Hotel 1920 AC 508. The power to take compulsorily raises by implication a right to payment : Central Control Board v. Cannon Brewery, Co., Ltd., 1919 AC 744. The wo... | 1[ds]The impugned Act is entitled as an Act to provide for the "abolition of personal inams and certain miscellaneous inams in the State of Mysore except Bellary District." The preamble states that it is expedient in the public interest to provide for the abolition of personal inams and certain miscellaneous inams in t... | 1 | 5,089 | ### 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:
clearly so demand, a statute is not to be construed so as to take away the property of a subject without compensation: Attorney-General v. De Ke... |
259 | POORAN SINGH Vs. DHANIRAM (SINCE DEAD) THR. LEGAL HEIRS | said to have been served on him and purporting to bear his signature in fact does not bear his signature and that it contains a forge signature of the petitioner. He having failed to take this plea before the fact finding authorities, cannot take it for the first time under Article 226 of the Constitution. If the petit... | 1[ds]The answer to that issue must lie in the negative. The order of the Collector was placed in issue before the High Court in MP 367 of 1987. The order which has been extracted in the earlier part of the judgment indicates that the challenge was on the ground that the notice of the appeal before the Collector had not... | 1 | 2,120 | ### 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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said to have been served on him and purporting to bear his signature in fact does not bear his signature and that it contains a forge signature ... |
260 | A.V. Nachane and Another Vs. Union of India and Another | these observations expressed the majority view of a bench of seven judges bearing directly on the point that arises for decision in the instant case and A are binding on us. We therefore hold that r ule 3 operating retrospectively cannot nullify the effect of the writ issued in D. J. Bahadurs case which directed the Li... | 1[ds]We have already said that the material produced on behalf of the Union of India and the Corporation to show that the terms and conditions of service of the employees in several other undertakings in the public sector compared unfavourably to those of the Corporation employees was not conclusive. But the burden of ... | 1 | 9,105 | ### Instruction:
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these observations expressed the majority view of a bench of seven judges bearing directly on the point that arises for decision in the instant case an... |
261 | State Of Karnataka Vs. Krishna Bhima Walvakar & Anr | legal fiction, treats the owners to have control over the edible oil, edible oil seeds and cakes, in transit. The respondent No. 4, being the purchaser, also comes within the definition of stock-holder by reason of the said Explanation. There is nothing to show that the consignor had, reserved the jus-disponendi by the... | 1[ds]9. As to point No. (1), It is axiomatic that the power of confiscation of an essential commodity seized for contravention of an order issued under S. 3, is a discretionary power. The use of the word may, however, does not necessarily meant that the Deputy Commissioner cannot in the given circumstances of a particu... | 1 | 3,436 | ### 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:
legal fiction, treats the owners to have control over the edible oil, edible oil seeds and cakes, in transit. The respondent No. 4, being the purchaser, also ... |
262 | Reckitt Benckiser India Limited Vs. Alekzander Prabhu | dark tan was increased by the appellant from Rs. 16.35 to 17.50 around June,. 1997 and that the free gift which has been sought to be offered was really a devious way of recovering the price already covered in the price of a 40 gms tin. The complaint had been filed under section 10(a)(i) of the Monopolies and Restricti... | 1[ds]On the merits, it was stated that the price of atin of 40 gms had been increased much prior to the formulation and implementation of the scheme. The increase in price has been necessitated by several circumstances, which were detailed in the affidavit filed by the appellant company before the Commission. It was al... | 1 | 1,220 | ### Instruction:
Delve into the case proceeding and predict the outcome: is the judgment expected to be in support (1) or in denial (0) of the appeal?
### Input:
dark tan was increased by the appellant from Rs. 16.35 to 17.50 around June,. 1997 and that the free gift which has been sought to be offered was really a de... |
263 | Kalawati Devi Harlalka Vs. Commissioner Of Income-Tax, West Bengal & Ors | the narrower meaning suggested by the learned counsel for the appellants In our view, the answer to this question must be in the negative.It seems to us that Section 297 is meant to provide as far as possible for all contingencies which may arise out of the repeal of the 1922 Act.It deals with pending appeals, revision... | 0[ds]It seems to us that the High Court is right in holding that Section 297 (2) (a) of the 196l Act includes within its scope a proceeding under Section 33B of the 1922 Act. There is no doubt that the word "assessment" does have subject to the context a very wide meaning.It is quite clear from the authorities cited ab... | 0 | 6,086 | ### Instruction:
Given the specifics of the case proceeding, anticipate the court's ruling: will it favor (1) or oppose (0) the appellant’s request?
### Input:
the narrower meaning suggested by the learned counsel for the appellants In our view, the answer to this question must be in the negative.It seems to us that S... |
264 | Union Of India Vs. Jai Narain Misra | of claim to the arbitrator. By his letter dated May 6, 1947 he added 6 more items of claim. The Union of India made a counter-claim. The arbitrator was thus required to decide 29 disputed items of claims and the counter claim. The award recited that certain differences between the parties in respect of contract No. ES ... | 1[ds]7. The arbitrator made an award in respect of the second item under some misapprehension. The security deposit of Rs. 6000 had been returned to the respondent and there was no dispute about it before the arbitrator. In the circumstances, the arbitrator had no authority to award Rs. 6000 to the respondent on accoun... | 1 | 1,354 | ### Instruction:
From the information provided in the case proceeding, infer whether the court's decision will be positive (1) or negative (0) for the appellant.
### Input:
of claim to the arbitrator. By his letter dated May 6, 1947 he added 6 more items of claim. The Union of India made a counter-claim. The arbitrato... |
265 | Income Tax Officer 'A' Ward, Calcutta Vs. Ramnarayan Bhojnagarwala | KRISHNA IYER, J.1. This is really a case where litigation would have been avoided, had the concerned Income-tax Officer carried out the directions issued by the Appellate Assistant Commissioner, with quick dispatch to determine the ownership of the deposit in the Bank account as between the respondent before us and his... | 1[ds]It is admitted before us that although we are in October 1975, the Income Tax Officer has not yet determined the real ownership of the deposit as between the uncle and the nephew. There is no valid reason why the Income Tax Officer should have delayed so long and indeed administrative officers and tribunals are ta... | 1 | 582 | ### 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:
KRISHNA IYER, J.1. This is really a case where litigation would have been avoided, had the concerned Income-tax Officer carried out the directions issued by t... |
266 | State of Madhya Pradesh & Another Vs. Firm Gobardhan Dass Kailash Nath | the rules made by the then Rewa State as were applicable. Before the said tenders could be said to have ripened into a concluded contract, they had not only to be accepted but also sanctioned by the Chief Conservator for and on behalf of the State.9. The conditions, subject to which the said tenders could be validly ma... | 0[ds]7. In our opinion the conclusions arrived at by the High Court on the facts and circumstances of the case were correct and require no interference from us.8. The undisputed facts are that in response to the notice issued by the Chief Conservator the respondent firm offered their tenders for the purchase of the sai... | 0 | 2,291 | ### Instruction:
Based on the legal narrative and evidentiary details in the case proceeding, predict the court's stance: favorable (1) or unfavorable (0) to the appellant.
### Input:
the rules made by the then Rewa State as were applicable. Before the said tenders could be said to have ripened into a concluded contra... |
267 | Monaben Ketanbhai Shah Vs. State Of Gujarat | as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. Thus, vicarious liability has been fastened on those who are in-charge of and responsible to the company for the conduct of its business. For the purpose of Section 141, a firm comes... | 1[ds]The High Court in the impugned judgment has held that "on its perusal, it is clear that the respondent No. 2 original complainant has made specific allegations against the accused persons including the present petitioners in the complaint that the petitioners are partners of the partnership firm and the petitioner... | 1 | 1,508 | ### Instruction:
Analyze the legal arguments presented and estimate the likelihood of the court accepting (1) or rejecting (0) the petition.
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as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly. Thus, vicarious liability has... |
268 | Gov.Body,L.P Shahi College, Patna Vs. Seema Mishra | have been directed to inform that for the post of Lecturer in Labour & Social Welfare Dept. of your college, advertisement was made by the Commission vide Advertisement No.315/94. After holding the interview of the candidates, this commission recommends the names of following candidates in the order of preference for a... | 0[ds]14. Under Section 2(10) of the Act, the Governing Body of the College shall select for appointment from the names recommended by the Commission. Thus, the Governing Body has the right to select the candidates in the order of preference. But since two posts were available, the Commission ought to have recommended t... | 0 | 2,242 | ### Instruction:
Using the case data, forecast whether the court is likely to side with (1) or against (0) the appellant/petitioner.
### Input:
have been directed to inform that for the post of Lecturer in Labour & Social Welfare Dept. of your college, advertisement was made by the Commission vide Advertisement No.315... |
269 | Mohd. Qadim Vs. Khurshed Ahmed Hashmi and Another | SHAH, J.1. By our order dated December 1, 1969, we requested the Sunni Central Waqfs Board constituted under the U.P. Muslim Waqfs Act 16 of 1960, to frame a scheme and recommend to this Court the name of a person who according to them, would be a fit person to be a mutawalli of this Waqf. We observed that in making th... | 1[ds]2. The Board has now submitted a scheme to this Court. No objection has been raised on behalf of the appellant to the provisions of the scheme.The only objection raised by Mr. Sinha, appearing on behalf of the appellant, is to the recommendation that the respondent Khurshed should be appointed a mutawalli.Several ... | 1 | 516 | ### Instruction:
Using the case data, forecast whether the court is likely to side with (1) or against (0) the appellant/petitioner.
### Input:
SHAH, J.1. By our order dated December 1, 1969, we requested the Sunni Central Waqfs Board constituted under the U.P. Muslim Waqfs Act 16 of 1960, to frame a scheme and recomm... |
270 | Kusum Agarwal Vs. M/S. Harsha Associates Pvt. Ltd | Deepak Gupta, J.1. Leave granted.2. The respondent was building an office complex and issued an advertisement "Commercial space in Harsha Commercial Complex" to be constructed on Plot No.1, Local Shopping Centre, Gazipur, Delhi. The appellants who are the husband and wife jointly applied for one shop in the Complex whi... | 1[ds]6. As far as the merits are concerned, the conduct of the respondent clearly shows that he had not come to court with clean hands. In fact, in December, 2004 when a letter was written to the appellants offering them the commercial space in question, the same had already been sold to someone else. It would also be ... | 1 | 768 | ### 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:
Deepak Gupta, J.1. Leave granted.2. The respondent was building an office complex and issued an advertisement "Commercial space in Harsha Commercial Complex" ... |
271 | Swinder Singh Vs. State of Punjab | members of Raj Singh to whom the girl had been betrothed. 3. On receipt of that information Raj Singh decided not to marry the girl. It is also admitted that this girl Balwindro thereafter died either of poisoning or by being killed by her relatives. However, the fact remains that the girl died under some suspicious ci... | 1[ds]5. It is true that the evidence discloses strong motive for the appellant against theexplanation given by the appellant is that he was a close friend of the deceased, that on the date of occurrence, he met the deceased near the Railway Station of Amritsar in a drunken condition; that at the request of the deceased... | 1 | 1,443 | ### 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:
members of Raj Singh to whom the girl had been betrothed. 3. On receipt of that information Raj Singh decided not to marry the girl. It is also admitte... |
272 | JAMILA BEGUM (D) THR. LRS Vs. SHAMI MOHD | in accordance with Order 34 Rule 7 CPC. The High Court has passed a decree for redemption of mortgage simpliciter without following the provisions of the Code of Civil Procedure. The High Court also erred in directing the delivery of possession of the suit property to respondent No.1-plaintiff and the same cannot be su... | 1[ds]14. It is also well settled that if by reason of a valid gift the thing gifted has gone out of the donee?s ownership, the same cannot be revoked. The donor may lawfully make a gift of a property in the possession of a lessee or a mortgagee. For effecting a valid gift, the delivery of constructive possession of the... | 1 | 7,026 | ### Instruction:
Based on the information in the case proceeding, determine the likely outcome: acceptance (1) or rejection (0) of the appellant/petitioner's case.
### Input:
in accordance with Order 34 Rule 7 CPC. The High Court has passed a decree for redemption of mortgage simpliciter without following the provisio... |
273 | Jagdish Prasad Vs. State of Uttar Pradesh | various types of offences mentioned in it. Any interpretation which would not carry out the object of the Act would be unnatural. We, therefore, think that the words "second offence" mean any offence under the Act committed by a person after his conviction earlier for any one of the offences punishable under the Act.6.... | 0[ds]Learned counsel for the appellant no doubt agrees that the second offence must refer to an offence under the Act but he says that since it would amount to adding the words "under the Act", it would justify the addition of further words implying that the second offence had to be of the same type as the first. This ... | 0 | 1,905 | ### Instruction:
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### Input:
various types of offences mentioned in it. Any interpretation which would not carry out the object of the Act would be unnatural. We, therefore, think that the words "second offence" me... |
274 | Bank of India & Another Vs. K. Mohandas & Others | and not what logically follows from it." 47. In Bhavnagar University vs. Palitana Sugar Mill (P) Ltd., (2003) 2 SCC 111 , this Court held that a little difference in facts or additional facts may make a lot of difference in the precedential value of a decision. 48. This Court in Bharat Petroleum Corporation Ltd. vs. N.... | 0[ds]49. It is true that the controversy in the case of Bank of Baroda arose out of the same voluntary retirement scheme with which we are concerned in this group of appeals. However, there is vital factual difference in that case and this group of appeals. Pertinently that was a case where the employee had completed o... | 0 | 9,059 | ### Instruction:
Using the case data, forecast whether the court is likely to side with (1) or against (0) the appellant/petitioner.
### Input:
and not what logically follows from it." 47. In Bhavnagar University vs. Palitana Sugar Mill (P) Ltd., (2003) 2 SCC 111 , this Court held that a little difference in facts or ... |
275 | Sitaram Jaiswal & Another Vs. Rai Amarnath Agarwala & Others | of the U.P. Urban Area Zamindari Abolition and Land Reforms Act.2. The lease was not confined to agricultural purposes only.3. The Collector had given his sanction for the construction of the building for the State Bank. On the first point the High Court held that the provisions of the aforesaid Land Reforms Act did no... | 0[ds]What appears to have happened is that his approval was sought by the Agent, State Bank for having a building for the branch of that bank in the area in dispute. Neither the Collector nor the Agent of the State bank was examined to show that what was intended was the consent or permission of the Collector as Receiv... | 0 | 1,510 | ### Instruction:
Evaluate the arguments and evidence in the case and predict the verdict: is an acceptance (1) or rejection (0) of the appeal more probable?
### Input:
of the U.P. Urban Area Zamindari Abolition and Land Reforms Act.2. The lease was not confined to agricultural purposes only.3. The Collector had given ... |
276 | Employers In Relation To Digwadih Colliery Vs. Their Workmen | in these circumstances, be illegal. But the Employers pointed out that S. 25F required two conditions: (a) continuous service, and (b) service for not less than one year, and contended that these conditions were not fulfilled as the service was not continuous but broken. They relied on the definition of "continuous ser... | 1[ds]6. Mr. B. Sen drew our attention to the Industrial Disputes (Amendment) Act, 1964 which was passed last December. By S. 2 (iii) of the amending Act of 1964, cl. (eee) of the second section of the principal Act was omitted and by S. 13, for S. 25B in the principal Act the following was substituted:"25B. For the pur... | 1 | 1,853 | ### Instruction:
From the information provided in the case proceeding, infer whether the court's decision will be positive (1) or negative (0) for the appellant.
### Input:
in these circumstances, be illegal. But the Employers pointed out that S. 25F required two conditions: (a) continuous service, and (b) service for... |
277 | Jai Kaur & Others Vs. Sher Singh & Others | been established to be baseless, these decisions are valueless, to show that the custom as alleged by the plaintiff-respondents did exist as regards non-ancestral property. Further, the oral evidence produced in the present case is wholly insufficient to prove such a custom. 16. It must therefore be held that the custo... | 0[ds]8. In the present appeal the oral testimony given on behalf of either party is practically valueless to show any instance in favour of the custom pleaded by them. If therefore the riwaj-i-am does show as urged by the plaintiffs a custom of daughters being excluded by collaterals in respect of non-ancestral propert... | 0 | 4,810 | ### 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:
been established to be baseless, these decisions are valueless, to show that the custom as alleged by the plaintiff-respondents did exist as regards no... |
278 | THE STATE OF MAHARASHTRA & ORS Vs. PAN INDIA PARYATAN LIMITED & ANR | payable. The controversy revolves around the levy of entertainment duty for the fourth and fifth year and subsequently from the sixth year onwards. Sub-clause (ii) of Section 3(5)(a) contemplates that duty @50% under clause (b) of sub-section (1) or, as the case may be, sub-section (2) of Section 3 would be payable. In... | 1[ds]12. We do not find any merit in the argument raised by learned counsel for the writ petitioners. In respect of first three years falling in Section 3(5)(a) of the Act, there is no dispute, as no duty is payable. The controversy revolves around the levy of entertainment duty for the fourth and fifth year and subseq... | 1 | 3,277 | ### 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:
payable. The controversy revolves around the levy of entertainment duty for the fourth and fifth year and subsequently from the sixth year onwards. Sub... |
279 | Mgmt.,Of Thanjavur Textiles Ltd Vs. B.Purushotham | in Workmen in Buckingham and Carnatic Mills, Madras v. Buckingham and Carnatic Mills, Madras, 1970 Vol 1 LLJ 26. Our attention was also drawn by the learned counsel on both the sides to the decisions of this Court in M/s Dalmia Dadri Cement Ltd. v. Shri Murari Lal Bikaneria, 1970(3) SCC 259 and to Central Bank or India... | 1[ds]14. Once it was conceded in the High Court by the learned counsel who appeared for the workmen that an advocate could be appointed as an enquiry officer, the advocate would, in our opinion, have all the normal powers of an enquiry officer including the power to give findings as to misconduct of the employees. We a... | 1 | 1,850 | ### 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:
in Workmen in Buckingham and Carnatic Mills, Madras v. Buckingham and Carnatic Mills, Madras, 1970 Vol 1 LLJ 26. Our attention was also... |
280 | Kanachur Islamic Education Trust (R) Vs. Secretary | had submitted representations on 15.12.2016 and 16.1.2017 before the Central Government is a matter of record. That the report qua the inspection conducted on 17-18.11.2016 did not disclose any substantial deficiency warranting disapproval as observed by the Hearing Committee is also not in dispute. It is unambiguously... | 1[ds]17. In the above eventful backdrop, we have cautiously considered the rival assertions, which assuredly would have to be evaluated on the measure of the operative directions contained in the order dated 1.8.2017, whereby the issue involved was referred to the Central Government for an appropriate reasoned decision... | 1 | 5,667 | ### Instruction:
Assess the case proceedings and provide a prediction: is the court likely to rule in favor of (1) or against (0) the appellant/petitioner?
### Input:
had submitted representations on 15.12.2016 and 16.1.2017 before the Central Government is a matter of record. That the report qua the inspection conduc... |
281 | Gautam Kamlakar Pardeshi and ors Vs. The State of Maharashtra | 6 SCC 403. 14. It is a settled principle of criminal jurisprudence that extra-judicial confession is a weak piece of evidence. Wherever the Court, upon due appreciation of the entire prosecution evidence, intends to base a conviction on an extra-judicial confession, it must ensure that the same inspires confidence and ... | 0[ds]4. According to P.W. 7 Joseph Rodrigues, he had filed a report thereby informing the police that when he had been to the well to start the motor pump, he had noticed that an unidentified dead body was floating in the well. On the basis of his report, ADR No. 3 of 2014 was registered and investigation was set in mo... | 0 | 4,883 | ### 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:
6 SCC 403. 14. It is a settled principle of criminal jurisprudence that extra-judicial confession is a weak piece of evidence. Wherever the Cour... |
282 | SARJU MISHRA (D) THR. LRS. & ORS Vs. JANGI (D) THR. LRS. & ORS | held that Jangi & Triloki, the children of Bhagauti, who was the son of Ramesar will get only 1/3rd share and the children of Jagesar will get 2/3rd share. 12. Both the branches filed appeals. The appeal of the persons representing the branch of Jagesar was confined to a self acquired property, even in which the other ... | 0[ds]18. On first principles, the learned counsel for the appellants is correct. But the aforesaid contentions of the learned senior counsel for the appellants overlook one crucial aspect. At the time when the suit for partition of the year 1929 was decreed on the basis of an arbitration award, all the three brothers n... | 0 | 1,655 | ### 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:
held that Jangi & Triloki, the children of Bhagauti, who was the son of Ramesar will get only 1/3rd share and the children of Jagesar w... |
283 | Madan Lal Vs. Bhai Anand Singh & Others | Controller was not, strictly speaking, concerned at all with the question of ascertainment of the market value. The statutory power vested in Rent Controller by Sec. 13 of the Act is that of giving or not giving or conditionally giving a direction for the eviction of the tenant when certain statutory requirements are f... | 0[ds]6. We may mention that the High Court had made an observation, in the course of recording its conclusions, which made it appear that what was made subject to the payment of 50% of the market value of the building was only the right of the lessor to sell the property. On a reading the judgment as a whole, it is evi... | 0 | 2,522 | ### Instruction:
Assess the case proceedings and provide a prediction: is the court likely to rule in favor of (1) or against (0) the appellant/petitioner?
### Input:
Controller was not, strictly speaking, concerned at all with the question of ascertainment of the market value. The statutory power vested in Rent Contr... |
284 | State of Kerala Vs. M. T. Devassia and Another | and no further amount was due from him. We find, however, that neither section 4 nor section 5 provides for such a relief. Section 4 lays down that an agriculturist may discharge his debt in instalments. The material part of section 5 is sub-section (2) which provides that for determining the amount due to a banking co... | 1[ds]We do not find anything to disagree with the proposition that the manner of payment of the debt and the determination of the amount of debt are two distinct matters and, without anything more, there is no question of conflict between them. The other provisions of the Kerala Act which the High Court found inconsist... | 1 | 1,729 | ### 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:
and no further amount was due from him. We find, however, that neither section 4 nor section 5 provides for such a relief. Section 4 lays down t... |
285 | Nirlex Spares Pvt. Ltd Vs. Commnr. Of Central Excise | mark even though there is no person who claims ownership to that mark or name. The names being used in the manufacture of locks by these small scale units do not belong to any particular manufacturer and any unit is free to use any name. Therefore, in our view, even without the issue of Notification of 4th 11th May, 19... | 1[ds]14. That apart, in our view, the nexus between the hexagonal design and the Marketing Company cannot be found when the Marketing Company itself had categorically disowned the title to the said design and admitted that the said design did not belong to them. That being the position, it cannot be held that the appel... | 1 | 5,205 | ### Instruction:
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### Input:
mark even though there is no person who claims ownership to that mark or name. The names being used in the manufacture of locks by these small scale uni... |
286 | Workman of Pan American World Airways, K. Ramachandran Vs. Management of Messrs Pan American World Airways and Another | RANGANATH MISRA, J. Special leave granted 2. Appellant was in employment of the respondent having been recruited on September 1. 1964 and served the employer in various capacities from time to time and was promoted as Unit Manager, Reservation and Ticket Office, from December 1, 1980. Appellant was a member of the Pan ... | 1[ds]4. The points raised in this appeal have been debated before us for quite some time. In the facts of the case, we are of the view that justice would be adequately done to the appellant if he is given the liberty to exercise the option indicated to him at an earlier stage, namely, of going back to the post he held ... | 1 | 424 | ### Instruction:
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RANGANATH MISRA, J. Special leave granted 2. Appellant was in employment of the respondent having been recruited on September 1. 1964 and served the employer... |
287 | SANDEEP KUMAR AND OTHERS Vs. STATE OF UTTARAKHAND AND ANOTHER | statement. It is not hearsay and is admissible when it is proposed to establish by the evidence, not the truth of the statement, but the fact that it was made. The fact that the statement was made, quite apart from its truth, is frequently relevant in considering the mental state and conduct thereafter of the witness o... | 1[ds]34. Though, since long, the law declaring the narrowing of appellate courts jurisdiction in regard to scope of interference with a verdict of acquittal, is settled, we may only refer to one decision. In Ghurey Lal vs. State of Uttar Pradesh, (2008) 10 SCC 450 after an exhaustive review of case law, this Court laid... | 1 | 14,114 | ### Instruction:
Examine the details of the case proceeding and forecast if the appeal/petition stands a chance of being upheld (1) or dismissed (0).
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statement. It is not hearsay and is admissible when it is proposed to establish by the evidence, not the truth of the statement, but the fact that it was made... |
288 | RAVINDRA SINGH Vs. DISTRICT INSPECTOR OF SCHOOLS | is established, it may take long time to make available the required teacher in the institution and as such issued three Removal of Difficulties Orders namely Removal of Difficulties Order dated 11-9-1981, Removal of Difficulties Order dated 30-1-1982 and Removal of Difficulties Order dated 14-4-1982. In fact these Rem... | 0[ds]11. The above analysis would suggest that the Management has very limited scope to make appointment to the substantive vacancy in their Institution. Adverting to the ratio in Radha Raizada, the Division Bench observed in the present impugned order that the Management of the Institution failed to adhere to the proc... | 0 | 3,134 | ### 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:
is established, it may take long time to make available the required teacher in the institution and as such issued three Removal of Difficulties Orders namely... |
289 | Saraswati Industrial Syndicate Limited Vs. Commissioner of Income Tax, Haryana Himachal Pradesh and Delhi III | that section 41 did not apply because the assessee sought to be taxed was not the assessee as contemplated by section 41(1), as the husband of the assessee had died ; therefore, the Revenue could not take advantage of the provisions of section 41(1) of the ActThe question is whether, on the amalgamation of the Indian S... | 1[ds]Generally, where only one company is involved in a change and the rights of the shareholders and creditors are varied, it amounts to reconstruction or reorganisation or scheme of arrangement. In an amalgamation, two or more companies are fused into one by merger or by one over the other. Reconstruction or amalgama... | 1 | 2,348 | ### 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 section 41 did not apply because the assessee sought to be taxed was not the assessee as contemplated by section 41(1), as the husband of the assessee had... |
290 | D. D. Suri Vs. A. K. Barren & Ors | 1966 he was appointed Commissioner Land Reforms.3. Learned counsel for the appellant has placed before us a chronology of events subsequent to December l966. Inter alia, it has been stated that in April 1967 the appellant wrote to the State Government complaining about interference in his work by Ramanathan, Member of ... | 1[ds]6. We are wholly unable to understand how in the presence of all the allegations which had been made in the petition including those of male fides by a senior member of the Indian Administrative Service against other senior Officers and the State Government the High Court was justified in dismissing the petition i... | 1 | 1,525 | ### Instruction:
Interpret the case information and speculate on the court's decision: acceptance (1) or rejection (0) of the presented appeal.
### Input:
1966 he was appointed Commissioner Land Reforms.3. Learned counsel for the appellant has placed before us a chronology of events subsequent to December l966. Inter ... |
291 | VENIGALLA KOTESWARAMMA Vs. MALAMPATI SURYAMBA & ORS | year 1976 has no legs to stand and is required to be rejected. Then, borrowing of Rs. 19,000/- from DW-11 was suggested by way of a promissory note (Ex. B-18) written by defendant 15 himself. There being no corroborative documentary evidence, no probative value could be attached to this self-serving document of defenda... | 1[ds]36. The submission on behalf of the contesting respondents, that mere suit for partition was not maintainable without seeking declaration against the agreement Ex. B-10, is not based on any statutory requirement or any case-law. Learned counsel for the contesting respondents has only referred to the decision in Ra... | 1 | 20,653 | ### Instruction:
Interpret the case information and speculate on the court's decision: acceptance (1) or rejection (0) of the presented appeal.
### Input:
year 1976 has no legs to stand and is required to be rejected. Then, borrowing of Rs. 19,000/- from DW-11 was suggested by way of a promissory note (Ex. B-18) writt... |
292 | MAARS SOFTWARE INTERNATIONAL LTD Vs. UNION OF INDIA | short ?FEMA?) against the appellant-Company before the Special Director of Enforcement Mumbai (Adjudicating Authority). 6. The complaint was founded on the material collected during the course of detailed investigation made in the affairs and the dealings of the appellant-Company in their business operations. It was do... | 1[ds]17. Having heard the learned counsel for the parties and on perusal of the record of the case, we 7 7are inclined to allow these appeals and while setting aside the impugned order remand the case to the High Court for deciding the appeals afresh on merits in accordance with law.It was, however, brought to our noti... | 1 | 1,315 | ### Instruction:
Analyze the case proceeding and predict whether the appeal/petition will be accepted (1) or rejected (0).
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short ?FEMA?) against the appellant-Company before the Special Director of Enforcement Mumbai (Adjudicating Authority). 6. The complaint was founded on the material collected during the... |
293 | B. B. Iranee (Legal Representative of B. R. Iranee, Deceased) Vs. Commissioner of Income Tax, Bombay City Ii | business in Hong Kong was controlled from India during the accounting year for 8 months only and, therefore, proportionate profits attributable to the rest of the year were not exigible to tax; and (2) the loss suffered by the assessee in his business in Hong Kong during the period 1941 to 1945 was ascertained only aft... | 0[ds]"Under the proviso, if a person is resident but not ordinarily resident in India, the income accrued to him without the taxable territories can only be included in his taxable income if it is derived from a business controlled in India. The condition that has to be fulfilled before the proviso can be invoked is th... | 0 | 1,609 | ### 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:
business in Hong Kong was controlled from India during the accounting year for 8 months only and, therefore, proportionate profits attributable ... |
294 | Lavji Mona Vs. State of Gujarat | 1. The sole accused is the appellant. He was tried by the Trial Court for an offence punishable under S.302, I.P.C. for causing death of his wife by inflicting injuries with axe. The case rests on circumstantial evidence, retracted extra judicial confession and recovery of blood stained shirt of the deceased. The Trial... | 0[ds]4. Since this is an appeal filed under Supreme Court Enlargement Jurisdiction Act, we have gone through the judgment and record carefully. We do not find any ground to reject the evidence of Jamal Bachhu (PW 1). He has given a cogent and convincing evidence and has given all the details as to how the accused came ... | 0 | 843 | ### Instruction:
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### Input:
1. The sole accused is the appellant. He was tried by the Trial Court for an offence punishable under S.302, I.P.C. for causing death of his wife by inflicti... |
295 | Union of India and Ors Vs. Manomoy Ganguly | However, it is adequately answered by the respondent by pointing out that that happened because Air Marshal Maini himself chose not to be posted as DGMS (Army) because of his health reasons, which the appellants could not controvert. (iv) Even, in the present case, for appointment of DGMS (Army) the first Note dated 16... | 1[ds]Before adverting to the specificity in which the appellant dealt with the matter of the respondent herein, we deem it appropriate to first go into the parameters which are required for the purpose of considering the appointments to the post of DGMS (Army). The respondent belongs to Army Medical Corps (AMC) which c... | 1 | 10,968 | ### Instruction:
Review the case details and predict the decision: will the court accept (1) or deny (0) the appeal/petition?
### Input:
However, it is adequately answered by the respondent by pointing out that that happened because Air Marshal Maini himself chose not to be posted as DGMS (Army) because of his health ... |
296 | Shree Changdeo Sugar Mills, Ltd Vs. The Commissioner Of Income Tax, Bombay | in determining this point followed its decision in Raghuvanshi Mills v. Commr. of Income-tax, 1953-24 ITR 338 : (AIR 1954 Bom 85 ) and held that no holding by the Directors of a company could be regarded as one in which the public were substantially interested. We have heard Civil Appeal No. 30 of 1957 from the decisio... | 1[ds]He contends that unless these three conditions are fulfilled, S. 23A will not apply to Mysore Merchants Ltd., and that the shares held by it will be deemed to be held by the public. He points out that Mysore Merchants Ltd. had no assessable income in the corresponding assessment year and had suffered a loss, that ... | 1 | 1,421 | ### Instruction:
Analyze the case proceeding and predict whether the appeal/petition will be accepted (1) or rejected (0).
### Input:
in determining this point followed its decision in Raghuvanshi Mills v. Commr. of Income-tax, 1953-24 ITR 338 : (AIR 1954 Bom 85 ) and held that no holding by the Directors of a company... |
297 | Tehsildar, Hinganghat and Another Vs. Deorao and Others | UNTWALIA, J.1. This is an appeal by special leave from the judgment and order of the Bombay High Court dated July 28, 1967 allowing a writ application filed by the respondents. Nobody appeared to oppose this appeal on their behalf. Therefore, its hearing proceeded ex parte.2. The respondents were members of the village... | 0[ds]3. This appeal has remained pending in this Court for about 7 years and by this time elections must have been held to the Panchayat Samiti or fresh elections must have been held to fill up the office of the members of the village panchayat. Since the other side has not appeared, we could not be sure as to whether ... | 0 | 971 | ### Instruction:
Analyze the case proceeding and predict whether the appeal/petition will be accepted (1) or rejected (0).
### Input:
UNTWALIA, J.1. This is an appeal by special leave from the judgment and order of the Bombay High Court dated July 28, 1967 allowing a writ application filed by the respondents. Nobody a... |
298 | New India Assurance Co. Ltd Vs. Sukanta Kumar Behera | Arun Mishra, J. 1. Leave granted. 2. The appeal has been preferred by the insurer against the order dated 9.5.2014, passed by the High Court of Orissa at Cuttack in M.A.C.A. No.576 of 2008 awarding compensation of Rs.55,00,000/- to the respondent, Dr. Sukanta Kumar Behera for the injuries sustained and permanent disabi... | 1[ds]Considering the fact that 60% permanent disability has been incurred and considering over all injuries caused, there is a loss of working capacity to the said extent. Monthly loss of earning capacity comes to Rs.15,000/-. Multiplier of 16 is applicable at the age of 36 years. Expenditure must have been incurred in... | 1 | 840 | ### Instruction:
Review the case details and predict the decision: will the court accept (1) or deny (0) the appeal/petition?
### Input:
Arun Mishra, J. 1. Leave granted. 2. The appeal has been preferred by the insurer against the order dated 9.5.2014, passed by the High Court of Orissa at Cuttack in M.A.C.A. No.576 o... |
299 | SHIV KUMAR JATIA Vs. STATE OF NCT OF DELHI | negligence basing on a status report, referred to, in the order passed by the Joint Commissioner of Police dated 21.08.2015. 33. The appellants (accused) are also sought to be prosecuted for the alleged offence under Section 4 of COTPA 2003. To prosecute the appellants-accused for the offence under Section 4 of COTPA 2... | 1[ds]21. We have considered the detailed submissions, arguments advanced by the learned counsel on both the sides and also perused order and other materials placed on recordHaving regard to the order which we propose to pass, we feel it is not desirable to record findings in detail, except to the extent required for th... | 1 | 5,714 | ### 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:
negligence basing on a status report, referred to, in the order passed by the Joint Commissioner of Police dated 21.08.2015. 33. The appellants (accuse... |
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