Fawazzx/semantic huggingface dataset:
Though original agreement was to have 27 episodes but having regard to the popularity of the programme the petitioners decided to increase the said serial to 52 episodes and by a letter dated 22 April 1985 the petitioners informed respondent Nos.1 and 2 that in the title of the 27th and 28th episodes it has been stated that it is presented by "Oberoi Films".Some time in May 1985,the 1st respondent proposed to the petitioners that some other products should be tied up with the serial "Yeh Jo Hai Zindagi".However,the petitioners were not interested in the same as they wanted the serial to project their products only exclusively and did not agree to any other products being tied up with the said serial
Semantic role: Facts
The 5th respondent thereafter decided to entertain/welcome and/or encourage the proposals from the private producers to produce such serials or films at their own cost and responsibility and under the said scheme the advertisers desirous of linking up their advertisements with such films or serials were required to negotiate and settle directly with the producers of such films and/or serials,the royalty or consideration payable to such producers for linking up their advertisements and commercials with their film/serial and under the said scheme further,such advertisements were offered handsome concessions in the rates of advertisements for display of their ads on TV
Semantic role: Facts
The 2nd respondent then approached the 5th respondent through Doordarshan with his proposal to produce the said serial then proposed to be entitled "Mussibat Hai".After a number of meetings between the 2nd respondent and the concerned officers and the authorities of the respondents at Delhi in connection with the said proposal approved a pilot [i.e.the first episode as sample] on 19 September 1984 to produce a TV serial comprising 52 episodes subject of course to the 5th respondent discretion to discontinue the same if the same proved a flop before the expiry of the stipulated period
Semantic role: Facts
Exhibit G-1 (which is Exhibit 27-A in the petitioners' compilation) is a letter written by Shri S.P.Agrawal,Controller of Programmes of Doordarshan to respondent No.1,M/s Art Commercia with reference to the format for the proposed serial of half and hour duration tentatively titled "Musibat Hai" serial sent to them on 13 July 1984.Since the letter was addressed to M/s Art Commercia in which the proposal was accepted for production of the serial and the first episode was to be sent for preview and approval which would be given only after seeing the recording of the first episode
Semantic role: Facts
Strong reliance was placed upon certain circumstances,namely,that the format had been approved by the petitioners only on 11 July 1984 and PW-1 admitted that in view of the bill the entry claiming deduction made by the petitioners in their accounts in the financial year ending on 30 March 1984; that the amount was not to be paid for all 26 episodes or even thereafter in lump sum and the bill for 26 episodes enabled petitioners to claim deduction for the entire amount without actual payment in financial year 1983-84; that the entry made for the financial year 1983-84 was beneficial to the petitioners that there was no ceiling on advertising expenditure and it was introduced from 1 April 1984 onwards,the plaintiff did not produce the account books to show if the deduction in respect of the entire amount was claimed or not though they were repeatedly called upon to produce them
Semantic role: Facts
It was stated that certain bills had been given to the petitioners to suit their convenience in tax matters and there was no such bill submitted to the petitioners by the respondents when the petitioner had agreed to extend the sponsorship from episodes Nos.27 to 52 and noticed the nature of the system of accounting maintained by them and held that the petitioners had got deductions in respect of the entire amount of the bill in the year which ended on 31 March 1984
Semantic role: Ruling by Lower Court
So far as the contentions raised on the basis of S.17 of the Copyright Act is concerned,it is clear that the petitioners were not able to establish that the respondent Nos.1 to 4 produced the said serial (1) as the agents of the petitioners; (2) in the course of their employment with the petitioners; (3) for valuable consideration paid by the petitioners to them; and (iv) at the instance of the petitioners
Semantic role: Ratio of the decision
State of Kerala and others [AIR 1990 SC 225 1989 Indlaw SC 205] stating: "The conspectus of the above decisions can be summarised thus: The question whether the prejudicial activities of a person necessitating to pass an order of detention is proximate to the time when the order is made or the live-link between the prejudicial activities and the purpose of detention is snapped depends on the facts and circumstances of each case
Semantic role: Precedent
Similarly when there is unsatisfactory and unexplained delay between the date of order of detention and the date of securing the arrest of the detenu,such a delay would throw considerable doubt on the genuineness of the subjective satisfaction of the detaining authority leading to a legitimate inference that the detaining authority was not really and genuinely satisfied as regards the necessity for detaining the detenu with a view to preventing him from acting in a prejudicial manner
Semantic role: Precedent
It would be reasonable to assume that if the District Magistrate of Burdwan was really and genuinely satisfied after proper application of mind to the materials before him that it was necessary to detain the petitioner with a view to preventing him from acting in a prejudicial manner,he would have acted with greater promptitude both in making the order of detention as also in securing the arrest of the petitioner,and the petitioner would not have been allowed to remain at large for such a long period of time to carry on his nefarious activities
Semantic role: Precedent
Considering the nature and gravity of the offence,the well planned manner in which you have engaged yourself in such prejudicial activities and your role therein as brought out above,all of which reflect your high potentiality and propensity to indulge in such prejudicial activities in future,I am satisfied that there is a need to prevent you from indulging in such prejudicial activities in future by detention under COFEPOSA ACT,1974 with a view to preventing you from smuggling goods in future
Semantic role: Facts
Her daughter-in-law Sheela Devi gave evidence as PW-2 and stated that she was married to one Jaibir who worked in the military services; that at 11 to 11.30 PM the accused scaled the door and broke the bulbs in the verandah of her house; that when she identified the accused and raised an alarm the accused ran away; that again he came around 00.30 AM by scaling the door and caught her hand; and that when she raised an alarm and when her mother-in-law woke up,he ran away
Semantic role: Facts
The following question therefore arises for our consideration: When the charge is that the accused assaulted 'X' and outraged her modesty,but the evidence is that he assaulted 'Y' to outrage her modesty,can the accused be punished,for having assaulting and outraging the modesty of 'Y',even though he was not charged with any offence with reference to 'Y',on the ground that the error or omission in the charge did not prejudice the accused or result in failure of justice
Semantic role: Ratio of the decision
Sub-s.(2) of sec.464 provides that if the court of appeal,confirmation or revision is of opinion that failure of justice has in fact been occasioned,it may -- (a) in the case of an omission to frame a charge,order that a charge be framed and that the trial be recommended from the point immediately after the framing of the charge; (b) in case of an error,omission or irregularity in the charge,direct a new trial to be had upon a charge framed in whatever manner it thinks fit
Semantic role: Statute
AIR 1956 SC 116 1955 Indlaw SC 80] this court explained the concepts of "prejudice to the accused" and "failure of justice" thus:- "(6) Before we proceed to set out our answer and examine the provisions of the Code,we will pause to observe that the Code is a code of procedure and,like all procedural laws,is designed to further the ends of justice and not to frustrate them by the introduction of endless technicalities
Semantic role: Precedent
If he does,if he is tried by a competent court,if he is told and clearly understands the nature of the offence for which he is being tried,if the case against him is fully and fairly explained to him and he is afforded a full and fair opportunity of defending himself,then,provided there is 'substantial' compliance with the outward forms of the law,mere mistakes in procedure,mere inconsequential errors and omissions in the trial are regarded as venal by the Code and the trial is not vitiated unless the accused can show substantial prejudice
Semantic role: Precedent
In adjudging the question of prejudice the fact that the absence of a charge,or a substantial mistake in it,is a serious lacuna will naturally operate to the benefit of the accused and if there is any reasonable and substantial doubt about whether he was,or was reasonably likely to have been,misled in the circumstances of any particular case,he is as much entitled to the benefit of it here as elsewhere; but if,on a careful consideration of all the facts,prejudice,or a reasonable and substantial likelihood of it,is not disclosed the conviction must stand; also it will always be material to consider whether objection to the nature of the charge,or a total want of one,was taken at an early stage
Semantic role: Ruling by Lower Court
State of Punjab [AIR 1957 SC 623 1957 Indlaw SC 181] following Willie Slaney,this Court held: "In judging a question of prejudice,as of guilt,courts must act with a broad vision and look to the substance and not to technicalities,and their main concern should be to see whether the accused had a fair trial,whether he knew what he was being tried for,whether the main facts sought to be established against him were explained to him fairly and clearly and whether he was given a full and fair chance to defend himself
Semantic role: Precedent
In judging a question of prejudice,as of guilt,the courts must act with a broad vision and look to the substance and not to the technicalities,and their main concern should be to see whether the accused had a fair trial,whether he knew what he was being tried for,whether the main facts sought to be established against him were explained to him fairly and clearly,and whether he was given a full and fair chance to defend himself
Semantic role: Ratio of the decision
When the charge was that the accused attempted to commit trespass into the house of Prakashi Devi with intent to outrage the modesty of Prakashi Devi,the conclusion of the appellate court and the High Court that there was no failure of justice if he is punished for the offence of having assaulted Sheela Devi and outraging her modesty,is opposed to principles of fair play and natural justice embodied in sections 211,212,215 and 464 of the Code
Semantic role: Ratio of the decision
If Sheela Devi alone had been present at the house at the time of the incident and the accused had assaulted and outraged the modesty of the said Sheela Devi,but in the charge the name of the victim had been erroneously mentioned,say as Sushila Devi or Prakashi Devi (though there was no person by such name),and the inquiry exclusively referred to the assault and outraging the modesty of Sheela Devi,the court could infer that the accused was not misled and the error in the charge was immaterial
Semantic role: Ratio of the decision
On the other hand,if two persons were present in the house at the time of the incident namely Prakashi Devi and Sheela Devi and the accused is charged with trespassing into the house of Prakashi Devi,and assaulting and outraging the modesty of the said Prakashi Devi,and the witnesses refer only to the assault and outraging the modesty of Sheela Devi,the court will have to infer that the accused was prejudiced,if the accused had solely concentrated and focused his defence and entire cross-examination to show that he did not commit the offences against Prakashi Devi
Semantic role: Ratio of the decision
The court having charged the accused with the offence of having trespassed into the house of Prakashi Devi with intent to assault her and having further charged him for having assaulted the said Prakashi Devi by outraging her modesty,convicts him on the ground that though he did not assault or outrage the modesty of Prakashi Devi,he had outraged the modesty of Sheela Devi,that would lead to failure of justice
Semantic role: Ratio of the decision
It was directed: "In case, all adult members of the family of late Shri Harshad Metha, who are presently occupying the abovereferred flats, file an undertaking in this Court within a period of four weeks from today undertaking to vacate the flat occupied by them and hand over peaceful possession thereof to the custodian within a period of four weeks from the date on which the custodian sends them communication asking them to vacate the flats, on sale of the flats being sanctioned by the Court
Semantic role: Facts
i)In view of the decision of this Court in L.S. Synthetics Ltd. v. Fairgrowth Financial Services Ltd. and Another [(2004) 11 SCC 456] 2004 Indlaw SC 715 all properties belonging to the notified persons being subject to automatic attachment, could be applied for discharge of the joint liabilities of the Harshad Mehta Group in terms of S. 11 of the Act
Semantic role: Argument
1) of S. 4 of the Act reads as under: "Contracts entered into fraudulently may be cancelled.-- If the Custodian is satisfied, after such inquiry as he may think fit, that any contract or agreement entered into at any time after the 1st day of April, 1991 and on and before the 6th June, 1992 in relation to any property of the person notified under sub-s
Semantic role: Statute
Such tax liability may be discharged either under the directions of the Special Court under S. 11(2)(c), or the taxing authority may recover the same from any subsequently acquired property of a notified person (vide Tejkumar Balakrishna Ruia v. A.K. Menon 1996 Indlaw SC 2403) or in any other manner from the notified person in accordance with law
Semantic role: Precedent
So far as Question No. 4 is concerned, this Court despite upholding the contention of the Custodian that no question of any reopening of tax assessments before the Special Court would arise and the liability of the notified person to pay the tax will have to be determined under the machinery provided by the relevant tax law, observed: "But the Special Court can decide how much of that liability will be discharged out of the funds in the hands of the Custodian
Semantic role: Precedent
So far Question No. 6 is concerned, it was held that the remedy of a notified person who is assessed to penalty or interest, after the notified period, would be entitled to move the appropriate authority under the taxing statute stating: "If it is open to him under the relevant taxing statute to contend that he was unable to pay his taxes on account of the attachment of all his properties under the Special Court Act, and that there is a valid reason why penalty or interest should not be imposed upon him after the date of notification, the authorities concerned under the taxing statute can take notice of these circumstances in accordance with law for the purpose of deciding whether penalty or interest can be imposed on the notified person
Semantic role: Precedent
1992) 3 Bom CR 716] 1992 Indlaw MUM 6066 wherein it was held: "If the person ... approaches the Special Court and makes out, for example, a case that the property which is attached has no nexus of any sort with the illegal dealings in securities belonging to banks and financial institutions during the relevant period and/or that there are no claims or liabilities which have to be satisfied by attachment and sale of such property, in our view, the Special Court would have the power to direct the Custodian to release such property from attachment
Semantic role: Precedent
The contention of the Appellant to the effect that the income tax dues should have been considered at the point of time when they become recoverable cannot be accepted having regard to the 3-Judge Bench decision of this Court in B.C. Dalal 2005 Indlaw SC 1826 (supra) wherein this Court categorically held that in absence of any order of stay granted by the higher court, the liabilities would remain
Semantic role: Ratio of the decision
The Custodian has further brought on records that if the transactions by or on behalf of corporate entity, viz., Aatur Holdings Pvt. Ltd. and Dr. Pratima Mehta by way of illustration are taken into consideration, the same would reveal their modus operandi to the effect that the moneys were diverted from banks and financial institutions by late Harshad Mehta which were in turn diverted to his family concerns and family members
Semantic role: Ratio of the decision
Despite the fact that ordinarily a sale can be set aside only under Rules 89, 90 and 91 of Order XXXI, it was opined that the court is bound to confirm the sale and direct the grant of a certificate vesting the title in the purchaser as from the date of sale when no application in term of Rule 92 was made or when such application was made and disallowed and in support thereof Zain-ul-Abdin Khan 1887 Indlaw PC 13 (supra) and various other decisions were referred to
Semantic role: Precedent
In Padanathil Ruqmini Amma v. P.K. Abdulla [(1996) 7 SCC 668] 1996 Indlaw SC 3096, this Court making a distinction between decree-holder auction purchaser himself and a third party bona fide purchaser in an auction sale, observed : "The ratio behind this distinction between a sale to a decree-holder and a sale to a stranger is that the court, as a matter of policy, will protect honest outsider purchasers at sales held in the execution of its decrees, although the sales may be subsequently set aside, when such purchasers are not parties to the suit
Semantic role: Precedent
However,before the Charter Party was to come to an end,on 29th June,1998,the Indian Oil Corporation Limited (for short IOC ),acting as agent of the appellant,issued a fax to various ship owners,including the respondent herein,requesting them to extend the validity of the Charter Party Agreement dated 6th May,1997 beyond 30th June,1998 for a period of one month from 1st July,1998 with option for two further extensions of 15 days each
Semantic role: Facts
The writ petition was disposed of vide order dated 20th August,1999.While disapproving in principle,the action of the IOC in inviting fresh price bids after opening the bids,but without recording final opinion on the merits of the issues raised in writ petition,the Court disposed of the petition,inter alia,directing that (i) the charter hire rates should be fixed by the Tender Evaluation Committee and (ii) as the tender was for the period ending 31st August,1999 and the writ petition was being decided on 20th August,1999,the IOC will not be required to enter into a contract for the period from 1st September,1998
Semantic role: Ruling by Lower Court
On 12th October,1998,the respondent informed the IOC that if all its nine vessels,mentioned in the letter,are used at a fair and reasonable rate for one year,from 1st September,1998 to 31st August,1999 for which the tender had been floated,they were agreeable to apply the new agreed rates for use of the said nine vessels from 1st July,1998.On 31st October,1998
Semantic role: Facts
the IOC faxed to the respondent relevant portion of the message received by them from Oil Co-ordination Committee,extending the period of usage of the existing coastal tanker fleet for the month of October,1998,at 80% charter hire rates,prevailing till 30th June,1998,on provisional basis,subject to adjustment of provisional charter hire with retrospective date from 1st September,1998 against the revised charter hire,to be finalised by the Oil Industry in response to the tender floated by IOC on 1st September,1998.Respondent s consent was asked for
Semantic role: Facts
The respondent responded immediately vide their letter dated 5th November,1998,agreeing in principle that revised charter hire rates,as and when finalized in response to tender floated by the IOC on 1st September,1998,would be applicable to the vessels which are selected under the tender,retrospectively from 1st September,1998.It was pointed out that the vessels which are not chartered under the tender floated would be at a disadvantage
Semantic role: Facts
It was only on 31st December,1998 when the IOC issued a fax to the respondent,enclosing draft letter regarding charter party agreement to be signed between the charterers and owners (with minor modification,if necessary),requesting the respondent to sign as per proposal by the 4th January,1999,on which date the respondent expressed its disinclination,stating in reply fax that as per usual practice,pending finalization of new charter,the existing terms and conditions of the charter party continue to apply
Semantic role: Facts
Vide letter of even date,i.e.4th January,1999,the appellant suggested to the respondent that in the absence of a formal charter party with effect from 1st September,1998,a provisional arrangement for a period of four months effective from 1st September,1998 with an option for extension of one month may be mutually agreed to by payment at the rate of 80% on charter hire prevailing on 30th June,1998,as ad hoc hire
Semantic role: Facts
Having failed to receive any reply to the said notice,by another legal notice dated 1st December,2000,the respondent called upon the appellant to pay balance amount of Rs.43,947,517/-to them as charter hire in respect of vessel JAG PRAJA for the period from 1st September,1998 to 31st August,1999 within 15 days from date of receipt of the said notice or treat it as an arbitration notice
Semantic role: Facts
According to the Tribunal on and after 1st September,1998,charter party agreement dated 6th May,1997 was superseded by a fresh agreement and a term of the agreement was that the charter hire rate would be determined by the Oil Co-ordination Committee of the IOC.In nutshell,the Tribunal was of the view that with the performance,original charter party dated 6th May,1997 got extinguished
Semantic role: Facts
By the impugned order,the learned Single Judge has set aside the said Award,inter alia,holding that Arbitral Tribunal has the jurisdiction to adjudicate the disputes between the parties as the vessel continued to be hired by the appellant for the period subsequent to 31st August,1998 on the same terms and conditions,as were contained in the charter party dated 6th May,1997,only subject to the revision or modification of the rate of hire to be determined by the Oil Co-ordination Committee
Semantic role: Facts
Sudhir Chandra,learned senior counsel appearing on behalf of the appellant has assailed the impugned order on the sole ground that the Charter Party dated 6th May,1997 having come to an end by efflux of time on 31st August,1998,the arbitration clause contained in it also perished and,therefore,in the absence of a fresh arbitration agreement,claim of the respondent relating to the period 1st September,1998 to 31st August,1999 could not be referred to arbitration by invoking arbitration clause in Charter Party dated 6th May,1997.Laying emphasis on the fax message dated 26th August,1998 addressed by the Oil Co-ordination Committee to the oil companies,including the appellant,inter alia,informing them that no further extension of the Current Charter Hire Rate will be allowed,learned counsel submitted that the said message made it clear to all concerned that Charter Party dated 6th May,1997 would not be extended under any circumstance
Semantic role: Argument