Sentence
stringlengths 1
1.99k
| Label
stringclasses 7
values | instruction
stringclasses 1
value |
|---|---|---|
Price fixation of a formulation is no doubt dependant on the price of the bulk drug, but it is not to await the result of a review application which in the end may turn out to be entirely without substance | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
If a review application is allowed and the price of the bulk drug is raised and if in the meanwhile, the formulation had been ordered to be sold at a low price, it may result in considerable loss to the manufacturer | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
But on the other hand, if the review application turns out to be entirely without substance and has to be rejected and if in the meanwhile the formulation is allowed to be sold at a higher price, the consumer public suffers | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
hus, the ups and downs of commerce are inevitable and it is not possible to devise a fool proof system to take care of every possible defect and objection | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It is certainly not a matter at which the court could take a hand | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
All that the court may do is to direct the Government to dispose of the review application expeditiously according to a time-bound programme | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
All that the Government may do is to dispose of the review application with the utmost expedition | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
But as we perceive the public interest, it is necessary that the price of formulation should be fixed close on the heels of the fixation of bulk drug price | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
56 | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Another submission of Shri Diwan was that there was considerable delay in the disposal of the review applications by the Government and that even now no orders had been passed in several cases | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Accordingly to the learned counsel, the very delay in the disposal of review applications was sufficient to vitiate the entire proceeding and scheme of price fixation | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
According to the learned counsel, the price of a bulk drug is dependant on many variable factors which keep changing very fast | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
If time is allowed to lapse whatever price is fixed, it soon becomes out of date | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
If review applications are not disposed of expeditiously the notifications fixing the prices must be struck down as having become obsolete | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It is difficult to agree with these propositions | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It is true that the price of a bulk drug is dependent on innumerable variables | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
But it does not follow that the notification fixing the maximum price must necessarily be struck down as obsolete by the mere passage of time | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
We agree that applications for review must be dealt with expeditiously and whenever they are not so dealt with, the aggrieved person may seek a mandamus from the court to direct the Government to deal with the review application within a time framework | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
We notice that in all these matters, the High Court granted stay of implementation of the notifications fixing the maximum prices of bulk drugs and the retail prices of formulations | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
We think that in matter of this nature, where prices of essential commodities are fixed in order to maintain or increase supply of the commodities or for securing the equitable distribution and availability at fair prices of the commodity, it is not right that the court should make any interim order staying the implementation of the notification fixing the prices | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
We consider that such orders are against the public interest and ought not to be made by a court unless the court is satisfied that no public interest is going to be served | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In the present case, on ex-parte interim order was made on April 20, 1981 in the following terms: "In the meanwhile on the petitioners' giving an undertakings to maintain prices both for bulk and formulation, as were prevailing prior to the impugned notification we stay implementation of the impugned bulk drug prices as well as formulation prices | Ruling by Lower Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Thereafter on November 25, 1981, a further order was made to the following effect: "After hearing learned counsel and with their consent, and arrangement has been worked out as on interim measure | Ruling by Lower Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
We, therefore, confirm till further orders the interim order made by us on April 20, 1981 | Ruling by Lower Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The terms of the said order, that is on the undertaking given on behalf of the petitioners to maintain status quo on the prices prevailing prior to the issue of the impugned notification, the petitioners, through their counsel further given an undertaking to this court that, in case the petition is dismissed and the rule is discharged, the petitioners shall within eight weeks of the dismissal of the petition by this court, deposit in this court the difference in the prices of the formulations in question for being ...... equalization account | Ruling by Lower Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The petitioners, through their counsel further given an undertaking that in this court the petitioners would not contend or challenge the said amount if deposited, is not liable to be deposited under any law whatsoever | Ruling by Lower Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It is made clear that the undertaking is without prejudice to the petitioners' right to take appropriate directions from the Supreme Court if so advised in this regard | Ruling by Lower Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
No doubt the order as made on November 25, 1981 has the manufacturers On terms, but the consumer public has been left high and dry | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Their interests have in no way been taken care of | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In matters of fixation of price, it is the interest of the consumer public that must come first and any interim order must take care of that interest | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It was argued by the learned counsel that the undertaking given by the parties lapsed with the disposal of the writ petition by the High Court and that it could no longer be enforced | Argument | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
We do not agree with this submission | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Apart from the fact that an appeal is ordinarily considered to be a continuation of the original proceeding, in the present case, we notice that further orders of the Supreme Court were also in contemplation and such further orders could only be if appeals were preferred to the Supreme Court | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
We do not think that there was any doubt in anyone's mind that the matter would be taken up in appeal to the Supreme Court whichever way the writ petitions were decided | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
We are of the view that the undertakings given by the parties in the present cases were intended to and do continue to subsist | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
On the conclusions arrived at by us we have no doubt that the appeal must be allowed and the writ petition in the High Court dismissed | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
However, we think that it is necessary to give a direction to the Government to dispose of the review applications after giving a notice of hearing to the manufacturer | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The hearing may be given within two months from today and the review application disposed of within two weeks after the conclusion of the hearing | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Any information sought by the manufacturer may be given to him at the hearing in terms of what we have said in the judgment | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The Union of India is entitled to the costs of the appeal and the writ petition in the High Court | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It appears that although several writ petitions filed by different manufacturers were disposed of by the High Court by a common judgment, the Union of India filed an appeal within the prescribed period of limitation against one of the manufacturers, Cynamide India Limited only | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
This was apparently done under some misapprehension that it would be enough if a single appeal was filed | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Later when it was realized that separate appeals were necessary, the Union of India filed petitions for special leave to appeal against the other manufacturers also | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
As these petitions were filed beyond the prescribed period of limitation, petitions for condoning the delay in filing the petitions for special leave to appeal had to be and were filed | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
These applications are strenuously opposed by the manufacturers who contend the ordinary rule which is enforced in cases of delay namely that everyday's delay must be properly explained should also be rigorously enforced against the Government | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It is contended that the Government is a well verse litigant as compared with private litigants and even if there is justification of adopting a liberal approach in condoning delay in the case of private litigants there was no need to adopt such approach in the case of the Government | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In cases like the present where parties have acted on the assumption that no appeals had been filed against them and have proceeded to arrange their affairs accordingly it would be unjust to condone the delay in filing the appeals at the instance of the Government | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Though we see considerable force in the submission of Shri Diwan, we think that the circumstances of the instant cases do justify the exercise of our discretion to condone the delay | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Two important features have weighed with us in condoning the delay | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
One is that all the writ petitions were disposed of by a common judgment and an appeal had been filed in the principal case | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The other is that it is a 'matter of serious concern to the public interest | Ratio of the decision | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
We, therefore, condone the delay, grant special leave in all the petitions for special leave and direct the appeals to be listed for hearing on May 1, 1987 | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Order accordingly | Ruling by Present Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
This appeal, by special leave, has been preferred against the judgment and order dated 23 February 2005 of Bombay High Court (Aurangabad Bench), by which the appeal preferred by the appellants was dismissed and their conviction under Section 304-B read with Section 34 IPC and sentence of 7 years RI imposed thereunder by the learned Sessions Judge, Aurangabad, was affirmed | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The deceased Bhimabai was daughter of PW.1 Tukaram Eknath Tambe resident of village Sanjkheda | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
and she was married to appellant no. 1 | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Appasaheb son of Sheshrao Palaskar about two and half years prior to the date of incident which took place on 15 September 1991 | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The appellant no. 2, Kadubai is the mother of the appellant no. 1 and both the appellants were residing in the same house in village Palshi | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
According to the case of prosecution, a sum of Rs | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
5000 and some gold ornaments had been given at the time of marriage of Bhimabai | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
For about six months Bhimabai was treated well but thereafter the accused started asking her to bring Rs | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
1,000-1,200 from her parents to meet the household expenses and also for purchasing manure | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Whenever Bhimabai went to her parental home, she used to tell her parents that her husband and mother-in-law (accused appellants) were harassing her and used to occasionally beat her | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Her father PW.1 Tukaram along with some of his relatives went to the house of the accused and tried to persuade them not to ill-treat Bhimabai | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Thereafter, the accused treated Bhimabai properly but after about four months they again started harassing her | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
A few days before Nag Panchami festival Bhimabai came to her parental home and complained that the accused were not giving her proper food, clothing and even footwear | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
She also told her parents that her husband had asked her to bring an amount of Rs.1,000-1,200 for the purpose of household expenses and manure | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The case of the prosecution futher is that in the evening of 15 September 1991 a person came from village Palshi on a motorcycle and informed PW.1 Tukaram that Bhimabai was unwell | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
PW.1 then immediately went to the house of the accused along with some of his relatives | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
There he saw that Bhimabai was lying dead and froth was coming out of her mouth which indicated that she had consumed some poisonous substance | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The Police Patil of the village PW.3 Sandu Mohanrao Patil lodged an accidental death report at 9.00 p.m. on 15 September 1991 at the police station | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
On the basis of the said accidental death report, PW.6 Sandeepan Kamble, Police Sub-Inspector, visited the house of the accused, held inquest on the dead body of Bhimabai, and thereafter sent the same for post-mortem examination | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
PW.1 Tukaram lodged the FIR of the incident at 7.00 p.m. on 16 September 1991 at P.S. Chikalthana, on the basis of which Case Crime No. 144 of 1991 was registered against the appellants under Sections 498-A, 306 and 304-B IPC | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
After completion of investigation, charge sheet was submitted against the appellants and in due course, the case was committed to the Court of Sessions | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The learned Sessions Judge framed charges under Sections 498-A, 304-B read with Section 34 IPC and Section 306 read with Section 34 IPC against both the appellants | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The appellants pleaded not guilty and claimed to be tried | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The prosecution in order to establish its case examined six wintesses and filed some documentary evidence | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The learned Sessions Judge after consideration of the material on record acquitted the appellants of the charges under Sections 498-A and 306 read with Section 34 IPC but convicted them under Section 304-B IPC and imposed a sentence of 7 years RI thereunder | Ruling by Lower Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The appeal preferred by the appellants was dismissed by the High Court by the judgment and order dated 23 February 2005 | Ruling by Lower Court | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
We have heard learned counsel for the appellants, learned counsel for the State of Maharashtra and have perused the records | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The post-mortem examination on the body of deceased Bhimabai was conducted by a team of two doctors of Department of Forensic Medicine and Toxicology, Medical College, Aurangabad, namely, Dr. S.M. Jawale and Dr. H.V. Godbole on 16 September 1991 | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The doctors did not find any sign of external or internal injury on the body of the deceased and in their opinion, the cause of death was insecticide poisoning | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The viscera were preserved for chemical analysis | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The report of the post-mortem examination was admitted by the defence | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The specific case of the prosecution is that Bhimabai ended her life by consuming poison because of harassment caused to her by the appellants for or in connection with demand of dowry | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
It is, therefore, necessary to briefly examine the evidence of the prosecution witnesses | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
PW | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
1 Tukaram, father of the deceased, has given details of the prosecution version of the incident in his statement in Court | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
He has deposed that in the marriage he had given Rs. 20,000 as dowry | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Initially, Bhimabai was treated well for about six months, but thereafter the appellants started ill-treating her | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Whenever Bhimabai came to her parental home, she used to complain that for some domestic reasons she was being harassed | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
When she had visited her parental home on the last occasion, she had said that her husband Appasaheb had asked her to bring Rs | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
1,000-1,200 for domestic expenses and for purchasing manure as he had no sufficient money | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Bhimabai had complained to him that she was not being given proper food, clothings and even footwear and occasionally the appellant no. 1 used to beat her | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The last time she visited her parental home was during the festival of Nag Panchami and at that time she looked depressed | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
The witness has further deposed that on the date of incident, a man came from village Palshi on motorcycle and informed that he should immediately go there as Bhimabai was not well | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
He then went to village Palshi along with other persons of his family where he reached after sun set | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
He saw that Bhimabai was lying dead and froth was coming out of her mouth which was smelling of Thimet (insecticide | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
In his cross- examination he has admitted that his statement that he had given Rs.20,000 in dowry at the time of marriage was incorrect and in fact he had given Rs | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
5,000 as dowry and the total expenses incurred in the marriage was about Rs | Facts | Analyze the sentence and predict in which semantic role does this come under in Indian legal context |
Subsets and Splits
No saved queries yet
Save your SQL queries to embed, download, and access them later. Queries will appear here once saved.