Case Name stringlengths 11 235 | Input stringlengths 944 6.86k | Output stringlengths 11 196k | Label int64 0 1 | Count int64 176 118k | Decision_Count int64 7 37.8k | text stringlengths 1.43k 13.9k |
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Nagar Palika Mirzapur Vs. Mirzapur Electric Supply Company Limited | R. M. Sahai, J. This appeal by special leave arises out of judgment and order dated 24-10-1973 of the Allahabad High Court in First Appeal from Order No. 51/1972.2. The dispute between the parties was referred to arbitration under the orders of the Government of Uttar Pradesh. Whereas the respondent raised three heads ... | 0[ds]4. The respondent on the other hand had raised claims to certain sums of money payable from 1.4.1966. Marshalling the entire matter, but without giving any reason, the Arbitration rules that w.e.f. April 1, 1967 the respondent is entitled to receive from the appellant maintenance of street lights and charges at th... | 0 | 732 | 361 | ### Instruction:
Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding.
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R. M. Sahai, J. This appeal by special leave arises out of judgment and order dated 24-10-1973 of the... |
Nikhil S/O Dilipsing Rajput Vs. The Union of India and Others | been advertised certifying that the candidate belongs to Other Backward Classes recognized as OBC by a Resolution / Gazette Notifcation issued by the Government of India (Central Government/ State Government) 6. It is equally undisputed that the note below clause 4 of the Brochure specifcally states that 1. All certifc... | 1[ds]5. It is undisputed that, clause (4)(vi)(b) of the Brochure for the selection of the candidates for the R.O. dealership specifcally provides that the candidates will be required to submit as and when advised by the Oil Company, a certifcate issued by the competent authority notifed by the Government of India and/o... | 1 | 1,548 | 479 | ### Instruction:
Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction.
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been advertised certifying that the candidate belongs to Other Backward Classes recognized as OBC by a ... |
M/S. Rapti Commission Agency Vs. State Of U.P. | be said to take place in the course of inter-State, trade or commerce, when a sale or purchase of goods can be said to take place outside the State and when a sale or purchase of goods can be said to take place in the course of import or export. In Gannon Dunkerley and Co. and Ors. v. State of Rajasthan and Ors., 1993 ... | 1[ds]Coming to the plea of alternative remedy, we find that such a plea does not appear to have been raised by the respondent as there is no discussion in the High Courts judgment in this regard. Further, the constitutional validity of Section 8-E issue could not have been decided by the statutory authorities. Be that ... | 1 | 3,113 | 1,243 | ### Instruction:
Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences.
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be said to take place in the course of inter-State, trade or commerce, when a sale or purchase of goods can be said to tak... |
Commissioner of Taxes Assam, Shillong Vs. Prabhat Marketing Company Limited, Gauhati | September 30, 1959 and September, 30, I960, the Sales Tax Officer assessed the respondent to sales tax holding that hydrogenated oil was exempt from sales tax but the value of the containers should be assessed at Re. 1 for each container of hydrogenated oil and 2 annas for salt bag and a small mustard oil tin which are... | 1[ds]In our opinion, the argument put forward on behalf of the appellant is well founded and must be accepted as correct. It is well established that in order to constitute a sale it is necessary that there should be an agreement between the parties for the purpose of transferring title to goods, the agreement must be ... | 1 | 1,161 | 179 | ### Instruction:
Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document.
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September 30, 1959 and September, 30, I960, the Sales Tax Officer assessed the respondent to sales tax hold... |
Ganga Dhar Vs. Shankar Lal & Others | an oppressive term? In our view, it does not do so. It is not necessary for us to go so far as to say that the length of the term of the mortgage can never by itself show that the bargain was oppressive. We do not desire to say anything on that question in this case. We think it enough to say that we have nothing here ... | 0[ds]6.The rule against clogs on the equity of redemption is that, a mortgage shall always be redeemable and a mortgagors right to redeem shall neither be taken away nor be limited by any contract between the parties.The principle behind the rule was expressed by Lindley M. R. in Santleyv. Wilde, (1899) 2 Ch474 (B), in... | 0 | 3,988 | 928 | ### Instruction:
Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction.
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an oppressive term? In our view, it does not do so. It is not necessary for us to go so far as to say t... |
Divl. Forest Officer Vs. Mool Chand Sarougi Jain | Shah, CJ. 1. The Divisional Forest Officer, Kamrup Division, Assam invited tenders for the purchase of monopoly rights to quarry stone from certain areas, including Narangi Stone Quarry Mahal, for the period July l, 1963 to June 30, 1964. Mool Chand Sarougi-hereinafter called the respondent submitted a tender accompani... | 0[ds]The Rule in our judgment does not apply to recovery of the amount alleged to be due for failure to carry out the obligations of the tender by proceedings under the Assam Forest Regulation 1891. It is again difficult to hold that "stone" is forest produce within the meaning of the Act. In any event the Rule does no... | 0 | 852 | 192 | ### Instruction:
Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding.
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Shah, CJ. 1. The Divisional Forest Officer, Kamrup Division, Assam invited tenders for the purchase of monopoly ri... |
C. BRIGHT Vs. THE DISTRICT COLLECTOR & ORS | SCC OnLine MP 553) examined the provisions of Section 14 of the Act as amended. The Court held that the second proviso to sub-section (1) of Section 14 was inserted in order to ensure that Chief Metropolitan Magistrate or District Magistrate pass the order within a stipulated time. The Bank/secured creditor has no cont... | 0[ds]7. A well settled rule of interpretation of the statutes is that the use of the word shall in a statute, does not necessarily mean that in every case it is mandatory that unless the words of the statute are literally followed, the proceeding or the outcome of the proceeding, would be invalid. It is not always corr... | 0 | 3,855 | 1,429 | ### Instruction:
Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences.
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SCC OnLine MP 553) examined the provisions of Section 14 of the Act as amended. The Court held that the second proviso to ... |
Buxa Dooars Tea Company Ltd. Etc Vs. State Of West Bengal And Others | not be regarded as conclusive in the matter. Again the Hingir-Rampur Coal Co. Ltd. v. State of Orissa ((1961) 2 SCR 537 : AIR 1961 SC 459 ) this Court observed that the method of determining the rate or levy would be relevant in considering the character of the levy. All these cases were referred to in Bombay Tyre Inte... | 1[ds]8. There can be no dispute that the rural employment cess is tax. It cannot also be disputed that if the levy of a tax on goods has the direct and immediate effect of impeding the movement of goods throughout the territory of India, there is a violation of Article 301 of the Constitution. If, however, the impact o... | 1 | 3,615 | 2,446 | ### Instruction:
Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding.
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not be regarded as conclusive in the matter. Again the Hingir-Rampur Coal Co. Ltd. v. State of Orissa ((1961) 2 SCR 537 : ... |
State Of Kerala Vs. M/S Palakkad Heritage Hotels | Resorts (supra) has been affirmed by this Court by dismissal of SLP(C) No.18392 of 2012 on 20th June, 2012 in the following terms:“ORDERHeard Mr. Ramesh Babu M.R., learned counsel for the petitioners.In the facts and circumstances of the case, we are not inclined to interfere with the impugned judgment.The Special Leav... | 1[ds]7. Since the said relied upon decision in M Pcase has been affirmed by this Court, even this appeal must follow the same suit. However, the said SLP has been disposed of by this court on the basis of concession made by the counsel for the parties - that it had become infructuous in view of the judgment of this Cou... | 1 | 3,204 | 827 | ### Instruction:
Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text.
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Resorts (supra) has been affirmed by this Court by dismissal of SLP(C) No.18392 of 2012 on 20th June, 2012 in the followi... |
Molar Mal Vs. Ms. Kay Iron Works (P) Ltd | building which is sufficient for his personal occupation...... 14. Based on the above-cited two judgments of the High Court, it is contended that the landlord in the instant case is seeking eviction of a part of the premises owned by it which is leased to the present appellant. Eviction of the three other tenants refer... | 1[ds]7. We are not inclined to accept the first two points raised on behalf of the appellant before us. It is true in the original eviction petition all the material particulars of the requirement of the landlord were not mentioned in detail, but then in the rejoinder application all the necessary particulars are given... | 1 | 4,530 | 2,226 | ### Instruction:
Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation.
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building which is sufficient for his personal occupation...... 14. Based on the above-cited two judgments of... |
Sales Tax Officer, Ganjam & Anr Vs. M/S. Uttareswari Rice Mills | of the provisions of the Act or any section laying down as a condition for the initiation of the proceedings that the reasons which induced the Commissioner to accord sanction to proceed under Section 34 must also be communicated to the assessee" As the provisions of Section 12 (8) of the Act and Section 34 of the Indi... | 1[ds]12. There is nothing in the language of Section 12 (8) of the Act which either expressly or by necessary implication postulates the recording of reasons in the notice which is issued to the dealer under the above provision of law. To hold that reasons which led to the issue of the said notice should be incorporate... | 1 | 4,998 | 601 | ### Instruction:
Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding.
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of the provisions of the Act or any section laying down as a condition for the initiation of the proceedings that... |
National Insurance Co. Ltd Vs. Kaushalaya Devi | a valid driving lience. On 16.3.2000 Shyam Lal only held a licence to drive a light transport vehicle and the owner could not have checked or verified the licence for driving a heavy goods vehicle. In fact in this case the owner has not even stepped into the witness box to say anything in this regard. Therefore, I hold... | 1[ds]12. In view of the findings arrived at by the High Court, it must be held that the owner alone was liable to pay compensation to the first respondent herein for causing death of her son by rash and negligent driving on the part of the driver of the truck. The High Courts judgment must be sustained on this ground13... | 1 | 1,917 | 349 | ### Instruction:
Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text.
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a valid driving lience. On 16.3.2000 Shyam Lal only held a licence to drive a light transport vehicle and the owner could... |
Gurdial Singh Vs. Union Of India | masses of this country had participated in the freedom struggle without any expection of grant of any schemed at the relevant time. It has also to be kept in mind that in the partition of the country most of citizens who suffered imprisonment were handicapped to get the relevant record from the jails where they had suf... | 1[ds]8. We have noticed with disgust that the respondent Authorities have adopted a hyper-technical approach while dealing with the case of a freedom fighter and ignored the basic principles/objectives of the scheme intended to give the benefit to the sufferers in the freedom movement. The contradictions and discrepanc... | 1 | 2,369 | 325 | ### Instruction:
Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation.
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masses of this country had participated in the freedom struggle without any expection of grant of any scheme... |
TILAK RAJ BAKSHI Vs. AVINASH CHAND SHARMA(DEAD) THROUGH LRS | firm or. other body of individuals, whether incorporated or not) to whom a site or building is transferred in any manner whatsoever, under this Act and includes his successors and assigns; 57. Section 4(2) of the 1952 Act reads as follows: 4(2) Every transferee shall comply with the directions issued under sub-section(... | 0[ds]FINDINGS WHETHER THERE WAS A FAMILY SETTLEMENT?17. As far as the first question is concerned, whether there was a family settlement, at paragraph 6 of the plaint, the family settlement was pleaded. The answer to the same, by the second defendant, is that the alleged family settlement dated 31.03.1982 is a forged a... | 0 | 13,061 | 2,577 | ### Instruction:
Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text.
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firm or. other body of individuals, whether incorporated or not) to whom a site or building is transferred in any manner ... |
Janendra Nath Roy Vs. State of W.B | the detenu to make a representation protesting against his detention and a corresponding obligation on the Government to consider it and that it was inherent in the language of Art. 22 (5) that facility to make such a representation as early as possible should be furnished to such a detenu and to have that representati... | 0[ds]5. In support of his first contention, counsel relied on two decisions of this Court, viz. Abdul Karim v. State of West Bengal, (1969) 3 SCR 479 = (AIR 1969 SC 1028 ) and Jayanarayan Sukul v. State of West Bengal, (1970) 3 SCR 225 = (AIR 1970 SC 675 ).Both these decisions were under the Preventive Detention Act ... | 0 | 2,417 | 747 | ### Instruction:
Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document.
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the detenu to make a representation protesting against his detention and a corresponding obligation on ... |
R.S. Mishra Vs. State of Orissa & Others | at the appropriate stage and issue of a process could not be refused". Illustratively, Shelat, J., further added "Unless, therefore, the Magistrate finds that the evidence led before him is self- contradictory, or intrinsically untrustworthy, process cannot be refused if that evidence makes out a prima facie case".(emp... | 0[ds]20. The observations of this Court in the case of State of Bihar Vs. Ramesh Singh [AIR 1977 SC 2018 ] / [1977 (4) SCC 39 ] are very apt in this behalf. A bench of two Judges of this Court has observed in that matter that at the initial stage of the framing of a charge, if there is a strong suspicion/evidence which... | 0 | 6,295 | 1,031 | ### Instruction:
Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages.
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at the appropriate stage and issue of a process could not be refused". Illustratively, Shelat, J., further... |
Shailesh Harilal Shah and Others Vs. Matushree Textiles Limited and Others | reported in 1973 (43) CC 17 : 1972 AIR(Bom) 276 ) (Laljibhai C. Kapadia v. Lalji B. Desai) and the decision reported in 1964 (34) CC 777, 1965 AIR(GUJ) 96, 1965 AIR(Gujarat) 96, 1964 (1) CompLJ 326 , (Mohanlal Ganpatram v. Shri Sayaji Jubilee Cotton and Jute Mills Co. Ltd.). The learned Counsel urged that Item 8 of the... | 0[ds]It is not possible to accede to the submission of the learned counsel. It is undoubtedly true as held by the Supreme Court that the Director is an agent of the company but the assumption of the plaintiffs that the relationship of principal and agent can be created only by contract is not accurate. The relationship... | 0 | 13,182 | 4,865 | ### Instruction:
Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document.
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reported in 1973 (43) CC 17 : 1972 AIR(Bom) 276 ) (Laljibhai C. Kapadia v. Lalji B. Desai) and the decision... |
R.D. Gupta Vs. Union of India | 81, 871.67 P. but when the matter went up before Mr. Nath, he raised 17 disputes and enhanced his claim to Rs. 27, 92, 674.80 P. Thereafter before Mr. Dutt he raised his claim to Rs. 48, 65, 295.24 P. Mr. Dutt allowed a sum of Rs. 16 lakhs and odd 3. The Assistant to the Deputy Commissioner set aside the award on the g... | 0[ds]We see no substance in this contention. By means of notifications issued under Rules 1 and 2 of Or. 27, Code of Civil Procedure, the Superintending Engineer and the Executive Engineer in the N.E.F.A. had been authorised by the Union of India to sign pleadings on its behalf as well as to act on its behalf. The cont... | 0 | 2,009 | 407 | ### Instruction:
Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction.
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81, 871.67 P. but when the matter went up before Mr. Nath, he raised 17 disputes and enhanced his claim to Rs. 27, 92, 674.8... |
NATIONAL INSURANCE COMPANY LTD Vs. BIRENDER | Rule 5(2) stipulates that the family pension as per the normal rules would be payable to the family members only after the period of delivery of financial assistance is completed. The validity of this provision is not put in issue. Suffice it to say that the view taken by the High Court in Ajmero (supra) is a departure... | 1[ds]14. The legal representatives of the deceased could move application for compensation by virtue of clause (c) of Section 166(1). The major married son who is also earning and not fully dependant on the deceased, would be still covered by the expression legal representative of the deceased. This Court in Manjuri Be... | 1 | 5,659 | 2,064 | ### Instruction:
Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction.
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Rule 5(2) stipulates that the family pension as per the normal rules would be payable to the family members only after the p... |
United India Insurance Company Limited Vs. H.K. Khatau & Others | was restricted only to the claim that the work performed was either supervisory or technical. In view of the concession made before the Division Bench, the only question which fell for determination was whether as contended by the management, the employee was covered by the expression in Clause (iii), as a person emplo... | 0[ds]It is not possible to accept this submission. Respondent No. 1, filed the application claiming gratuity under the Act and the action was not for enforcing the contractual liability but for enforcing the statutory right conferred under the Act. Respondent No. 1, was not claiming that under the conditions of service... | 0 | 6,040 | 2,624 | ### Instruction:
Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences.
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was restricted only to the claim that the work performed was either supervisory or technical. In view of the concession ma... |
Bhupinder Singh Bawa Vs. Asha Devi | On the contrary, the respondent has maintained that the courts below have recorded concurrent findings of fact that no suitable accommodation was available for running business of sanitary and hardware by her son and have rightly passed an eviction order in favour of the respondent. More so, the respondent cannot be di... | 0[ds]10. The property No. 285-B which was owned by the husband of the respondent was found already in occupation as a retail outlet for marble and granite run by the husband of the respondent. The courts considered the allegation of the appellant that property No. 285-B is owned by the respondent and not by her husband... | 0 | 1,943 | 632 | ### Instruction:
Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding.
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On the contrary, the respondent has maintained that the courts below have recorded concurrent finding... |
Chinnamuthu Gounder And Ors. Etc Vs. P.A.S. Perumal Chettiar | situate in an inam village which is an estate within the meaning of the Madras Estates Lands Act (Act 1 of 1908) as originally enacted. The plaintiff claimed that he and his predecessors in title were ryots under the inamdars of the village and that the defendants were lesees and were only under-tenants. The defence of... | 0[ds]The clear import of S. 6A is that in any suit before any civil court for possession if the defendant proves not only that he is a cultivating tenant but also that he is entitled to the benefits of the Act the civil court is bound to transfer it to the Revenue Divisional Officer and cannot proceed to try and dispos... | 0 | 1,138 | 486 | ### Instruction:
Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction.
### Input:
situate in an inam village which is an estate within the meaning of the Madras Estates Lands Act (Act 1... |
Naresh Kumar @ Nitu Vs. The State Of Himachal Pradesh | called to the Police Station at 1.00 P.M. and asked to put his signatures on certain documents. The witness denied any search, seizure and recovery from the appellant in his presence. If an independent witness was available, and relied upon by the prosecution, his evidence could not be discarded without reason, to hold... | 1[ds]We find substance in the submission on behalf of the appellant, that the travelling time for the bus, in the hills, for this distance would be one hour or more. Prima facie, the prosecution story that the appellant was apprehended at Majhotli at 6.15 A.M. becomes seriously doubtful if not impossible. The bus would... | 1 | 1,667 | 664 | ### Instruction:
Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation.
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called to the Police Station at 1.00 P.M. and asked to put his signatures on certain documents. The witness ... |
New India Assurance Co. Ltd Vs. Kendra Devi | P. Sathasivam, J. 1) Leave granted.2) Questioning the orders of the High Court of Uttaranchal at Nainital dated 24.08.2004 in A.O. No. 436 of 2001 and dated 27.10.2005 in R.A. No.8 of 2005, New India Assurance Company Ltd. through its Regional Manager, New Delhi has filed the above appeal. 3) Brief facts are as follows... | 0[ds]7) We have carefully considered the above provision as well the decision of this Court. Taking note of the peculiar fact that the claimants have lost their only breadwinner, we are not inclined to interfere with the concurrent orders of the Tribunal as well as the High Court. | 0 | 681 | 56 | ### Instruction:
Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case.
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P. Sathasivam, J. 1) Leave granted.2) Questioning the orders of the High Court of Uttaranchal at Nainital da... |
The State Of Kerala And Others Vs. The Cochin Coal Company Ltd | In the case on hand, the part of the coal delivered could and would certainly have been used by the ship during the period of her stay in the harbour for loading and if such stay were prolonged owing to unforeseen causes even the entire coal might have been exhausted and of course it would have to be used till the ship... | 0[ds]There is no doubt that the goods having originally been located in Candle Island in Madras State were moved out of that State by reason of the contract of sale into the territory of Travancore-Cochin. It had therefore an inter-State element which rendered the Explanation applicable. The delivery was admittedly eff... | 0 | 3,544 | 1,156 | ### Instruction:
Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case.
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In the case on hand, the part of the coal delivered could and would certainly have been used by the ship dur... |
Syscon Consultants P.Ltd Vs. M/S Primella Sanitary Prod.P.Ltd | situation, we are of the view that the equity lies in favour of grant of decree for specific performance of the contract in respect of the share of the Appellant rather than refusing the same. In any event if the Appellant and/or his sister have claim as regard the arrears of rent, the same can be adjudicated upon by t... | 0[ds]48. In view of the conduct of the parties, which we have explained above, we do not think that this is a fit case to exercise our discretionary jurisdiction under Article 136 of the Constitution of India. Three prominent features of this case stare us in the face. First and foremost, on reading the correspondence ... | 0 | 10,096 | 629 | ### Instruction:
Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding.
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situation, we are of the view that the equity lies in favour of grant of decree for specific performance of the c... |
Birajmohan Das Gupta & Another Vs. State of Orissa & Others | personal knowledge of any such determination on the part of the minister. They based their allegation on an alleged talk between the minister and two citizens of Cuttack, namely, a municipal councillor and an advocate. No affidavit, however, of the two persons concerned has been filed to support this allegation. In the... | 0[ds]4. On these facts we are of opinion that there is no force in the contention raised on behalf of the petitioner What R. 8 of the Orissa Rules requires is that ten days clear notice has to be given of the time, place and date of hearing to all objectors. This was undoubtedly done, for the date originally fixed for ... | 0 | 2,502 | 1,286 | ### Instruction:
Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document.
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personal knowledge of any such determination on the part of the minister. They based their allegation o... |
Rajeev Metal Works & Lors Vs. M.M.T.C | produce a distinctly identifiable different commercial commodity. Therefore, (sic the exclusionary clause of) Section 2(1) (d) (i) is not attracted to the facts in this case 6. Having given our anxious and very careful consideration to the respective contentions, the question emerges whether the appellant- firm is a co... | 0[ds]7. Clause (i) provides that one who buys any goods for a consideration which has been paid or promised or partly paid and partly promised, or under any system of deferred payment and includes any user of such goods other than the person who buys such goods for consideration paid or promised or partly paid or partl... | 0 | 2,779 | 806 | ### Instruction:
Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding.
### Input:
produce a distinctly identifiable different commercial commodity. Therefore, (sic the exclusionary clause of) Sect... |
Commissioner of Income Tax, Kanpur Vs. J. K. Commercial Corporation Limited | is correct. By a deeming provision sub-section (5) gives powers to the Income-tax Officer to make a consequential correction in the assessment of a partner of a firm on the modification of the assessment of the income of the firm. Similarly, by a deeming provision engrafted in sub-section (7) on the modification of an ... | 1[ds]On the above principle an order under section 23A was held to be outside the purview of limitation provided in section 34 of the Act, as in the opinion of the court it was not an order of assessment. Doubt about the correctness of the view taken in the above case has been expressed during the course of hearing. We... | 1 | 2,832 | 607 | ### Instruction:
Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case.
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is correct. By a deeming provision sub-section (5) gives powers to the Income-tax Officer to make a conseque... |
United India Insurance Company Limited Vs. Manjari Dilip Chunekar & Others | the company was doing extremely well till the untimely death of the deceased and after his death, the business had been affected considerably. It has also come in her evidence that she had to mortgage her jewellery to raise funds; had to send persons appointed by the Company to U.K for training; that the workers had fi... | 1[ds]Thus, we do not find any merit in the submission of the learned Counsel for the appellant that negligence of the driver of the offending vehicle was not proved, in the light of what is discussed hereinabove.As far as the contention of thelearned counsel for theappellant, that the income tax documents were merely m... | 1 | 10,168 | 735 | ### Instruction:
First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document.
### Input:
the company was doing extremely well till the untimely death of the deceased and after his death, the business had been aff... |
Commissioner Central Excise Vs. M/S.United Spirits Ltd | tax, etc. because the activity did not constitute manufacture.” 29. At this juncture, it is obligatory to state that revenue has heavily relied upon on Pepsi Foods Ltd. (supra). In the said case the Court had found that the consideration payable as royalty was an inevitable consequence of the sale of the concentrate an... | 1[ds]32. In the case at hand, as we find from the order of the tribunal the exact nature of the process undertaking and how mixing is undertaken and the process involved is not discernible and has not been ascertained and commented. It remains ambiguous and inconclusive. The respondent claims that about 26% of the sale... | 1 | 10,222 | 305 | ### Instruction:
Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding.
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tax, etc. because the activity did not constitute manufacture.” 29. At this juncture, it is obligator... |
Lanyard Foods Limited Vs. China Shipping Development Company Limited & Another | additional ground available to the creditor who has obtained a decree against the company. Clause(b) of section 434(1) does not prevent the decree holder creditor to resort to a deeming provision of clause (a) thereof. In support of his submissions, learned counsel for the respondent referred to and relied upon the dec... | 0[ds]8. In our view, in the facts and circumstances of the case in hand, it is not necessary to consider whether a creditor whose claim has culminated into a decree and who has become a decree holder is entitled to file a petition for winding up under clause (a) of(1) of section 434 on failure of the company to pay the... | 0 | 3,037 | 869 | ### Instruction:
Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding.
### Input:
additional ground available to the creditor who has obtained a decree against the company. Clause(b) ... |
BAJAJ ALLIANZ GENERAL INSURANCE CO. LTD. & ANR Vs. THE STATE OF MADHYA PRADESH | show that the loss incurred was covered within the terms of the policy and that on a balance of probabilities there existed a proximate cause between the loss incurred and the helicopter being in transit. The respondent has adduced no evidence to supports its case. 37. After the respondent informed the appellant on 23 ... | 1[ds]12. The dispute before this Court is with respect to the damage to the tail boom of the helicopter and not as regards the damage to the windscreen glass. By a letter dated 10 April 2006, the appellant informed the assured that the total cost of replacement of the windscreen glass was within the policy deductible o... | 1 | 10,450 | 2,139 | ### Instruction:
Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages.
### Input:
show that the loss incurred was covered within the terms of the policy and that on a balance of probabilit... |
Rajkumar Gurawara (Dead) Thr. Lrs Vs. M/S. S.K.Sarwagi & Co. Pvt. Ltd. &Anr | that in spite of due diligence could not raise the issue before the commencement of trial and the court satisfies their explanation, amendment can be allowed even after commencement of the trial. To put it clear, Order VI Rule 17 C.P.C. confers jurisdiction on the Court to allow either party to alter or amend his plead... | 0[ds]7) The other relevant fact to be noted is the plea taken in the written statement filed by D-1 wherein, it is specifically stated that the suit schedule lands are classified as poramboke lands in survey and settlement operations and that the Government issued G.O. Ms. No. 459 (Industries and Commerce) Department, ... | 0 | 2,340 | 664 | ### Instruction:
Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document.
### Input:
that in spite of due diligence could not raise the issue before the commencement of trial and the... |
Col. Avtar Singh Sekhon Vs. Union Of India | in 1 979 on the High Courts direction fresh evaluation of promotional merit gave the respondent (review) an edge over the petitioner on the score of seniority-not, surely, an extraneous factor. Necessarily, therefore, this Court in its May 7th order gave effect to the earlier judgment virtually with the consent of the ... | 1[ds]We see no reason, whatever to depart from that judgment and no basic flaw therein has been pointed out either. It was plainly laid down that no finality nor infallibility attached to the 1964 policy and the Central Government was free to revise or reverse that policy provided it acts justly and fairly. A months ti... | 1 | 2,855 | 1,333 | ### Instruction:
Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction.
### Input:
in 1 979 on the High Courts direction fresh evaluation of promotional merit gave the respondent (review) an edge over the pe... |
ASSISTANT COMMISSIONER (CT) LTU, KAKINADA & ORS. Vs. M/S. GLAXO SMITH KLINE CONSUMER HEALTH CARE LIMITED | so did not file an appeal. In the circumstances of the case, we are of the opinion that the ends of justice will be met if we permit the petitioner to file a belated appeal within one month from today with an application for condonation of delay, whereon the appeal may be entertained. Learned counsel for the Revenue ha... | 1[ds]As regards the power of the High Court to issue directions, orders or writs in exercise of its jurisdiction under Article 226 of the Constitution of India, the same is no more res integra. Even though the High Court can entertain a writ petition against any order or direction passed/action taken by the State under... | 1 | 11,841 | 1,589 | ### Instruction:
First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document.
### Input:
so did not file an appeal. In the circumstances of the case, we are of the opinion that the ends of justice will be met if ... |
State of Rajasthan Vs. Om Prakash | to the accused. Assuming that the knife and clothes were discovered at the instance of the accused, mere discovery is not enough, unless the knife, connected to the accused, is shown to have been used by him. The police could have ascertained the finger prints from the knife and could have either proved or excluded use... | 1[ds]8. The High Court seems to have misread this Courts observation. The relevant observations read ascan be based on the testimony of a single eye-witness and there is no rule of law or evidence which says to the contrary provided the sole witness passes the test of reliability. So long as the single eyewitness is wh... | 1 | 1,618 | 639 | ### Instruction:
Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction.
### Input:
to the accused. Assuming that the knife and clothes were discovered at the instance of the accused, mer... |
Jt. Family Of Mukund Das Raja Bhagwan Dass &Sons Etc Vs. State Bank Of Hyderabad | 11 was the basic provision enabling the creditor or the debtor to move the Board under the Act for settlement of debts. The Act also recognised other modes which would be tantamount to the making of such an application to the Board so as to confer jurisdiction on it to settle debts in accordance with the procedure pres... | 0[ds]5. In our judgment the High Court came to the correct conclusion that the expression "pending" in Section 25 (l) must relate to proceedings which were pending on the notified date and could not take in any proceedings which came to be instituted after such date. The other condition for the applicability of S. 25 w... | 0 | 3,352 | 822 | ### Instruction:
Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding.
### Input:
11 was the basic provision enabling the creditor or the debtor to move the Board under the Act for settlement... |
The Commissioner of Income Tax, Mumbai Vs. M/S. Everest Kento Cylinders Limited | submitted that EXIM Bank of USA has provided guarantee to Boeing Company of USA against the Hire Purchase Agreement for purchase of aircrafts by Jet Airways India. The EXIM bank has charged a commission of 3% plus commitment charges from Jet Airways as consideration for guarantee. Accordingly, he justified the bench ma... | 0[ds]10. Having considered submissions of Mr.Malhotra for the revenue and Mr.Pardiwalla for the assessee, we are of the view that the order of the Tribunal as regards disallowance under section 14A and restricting the same to Rs.1 lac was justified in view of the material before the Tribunal. Furthermore, having consid... | 0 | 2,585 | 353 | ### Instruction:
Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages.
### Input:
submitted that EXIM Bank of USA has provided guarantee to Boeing Company of USA against the Hire Purchase ... |
Mani Mani And Ors Vs. Mani Joshua | the testator should be taken to have disposed of only that property which was his own and which he was entitled to deal with and bequeath in law. It is urged that, in the present case, the testator had already made a valid and legal settlement in 1935 of the suit property. He could not have thus dealt with or bequeathe... | 1[ds]The only other declaration or statement in the will which deserves notice is thewill is executed by resolving as these and totally changing all the deeds registered by me prior to this and the Wills kept in custody; and this Will alone shall, unless I act otherwise, be and ought to be in force init is quite clear ... | 1 | 3,897 | 741 | ### Instruction:
Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages.
### Input:
the testator should be taken to have disposed of only that property which was his own and which he was ent... |
Paryavaran Suraksha Samiti & Another Vs. Union of India & Others | is in default. On the receipt of any such complaint, the concerned Pollution Control Board, shall be obliged to verify the same, and take such action against the defaulting industry, as may be permissible in law. Such action, would be in addition to the discontinuation of industrial activity forthwith, in the manner di... | 1[ds]3. During the course of hearing, it was not disputed between the rival parties, that the initiation of the process has to be at the individual level of the industry itself. It was suggested that each industry which requires "consent to operate" from the concerned Pollution Control Board, should be mandated to set ... | 1 | 1,968 | 1,694 | ### Instruction:
Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation.
### Input:
is in default. On the receipt of any such complaint, the concerned Pollution Control Board, shall be obliged... |
J.Ashoka Vs. University of Agricultural Sciences and Ors | the list of selected candidates recommended by the Selection Committee, it can do so only by recording reasons as to why the case of the person placed above is being overlooked and the person below is considered the best for being appointed. In the present case, no reasons have been recorded, may be for the reason the ... | 0[ds]18. Reasons are the links between the materials on which certain conclusions are based and the actual conclusions. They disclose how the mind is applied to the subject matter for a decision whether it is purely administrative or quasi judicial. They should reveal a rational nexus between the facts considered and t... | 0 | 5,783 | 737 | ### Instruction:
Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding.
### Input:
the list of selected candidates recommended by the Selection Committee, it can do so only by recording reason... |
Commissioner Of Income-Tax, Bihar Vs. Dalmia Investment Co. Ltd | of 1948 D/- 23-3-1949 (Bom) the assessee held certain ordinary shares of the face value of Rs. 100/- in Ambica Mills Ltd. and Arvind Mills Ltd. These two companies then declared a bonus and issued preference shares in the proportion of two to one of the face value of Rs. 100/- each. These preference shares were sold by... | 1[ds]21. A limited liability company must state in its memorandum of association the amount of capital with which the company desires to do business and the number of shares into which that capital is to be divided. The company need not issue all its capital at the same time. It may issue only a part of its capital ini... | 1 | 8,195 | 2,579 | ### Instruction:
First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document.
### Input:
of 1948 D/- 23-3-1949 (Bom) the assessee held certain ordinary shares of the face value of Rs. 100/- in Ambica Mills Ltd. a... |
U.P. Co-op. Spinning Mills Fedn. Ltd. and Ors Vs. Amar Nath Dwivedi and Ors | 1. Respondent No. 1 was appointed on contractual basis on the post of a Training Officer in the U.P. Co-operative Spinning Mills Federation Limited vide letter of Appointment dated 07.09.1998. As per agreement, the contract of appointment was for a period of one year from 25.09.1998 to 24.09.1999, which stood terminate... | 1[ds]3. We have heard learned Counsel for the parties4. It is clear from the letter of appointment dated 07.09.1998 that the appointment of the Respondent was on contractual basis and in terms of Agreement dated 25.09.1988 the contract of appointment was for a period of one year which was never extended6. In view of ab... | 1 | 274 | 113 | ### Instruction:
Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding.
### Input:
1. Respondent No. 1 was appointed on contractual basis on the post of a Training Officer in the U.P. Co-operative ... |
Gopalakrishna Pillai & Others Vs. Meenakshi Ayal & Others | we are satisfied that the suit was for recovery of possession of immovable property and for mesne profits. The provisions of O. 20, R. 12 were therefore, attracted to the suit and the Court had power to pass a decree in the suit for both past and future mesne profits. 7. Order 20, R. 12 enables the Court to pass a decr... | 0[ds]4. The appellants case is that the will of Chinnayal, dated September 4, 1940, was attested by Balasubramania and Samiyappa. The appellants rely solely on the testimony of Samiyappa for proof of the execution and attestation of the will. Samiyappa was not present when Chinanayal is said to have put her thumb-impre... | 0 | 2,758 | 1,226 | ### Instruction:
Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document.
### Input:
we are satisfied that the suit was for recovery of possession of immovable property and for mesne profits. ... |
Union of India Vs. Rampur Distillery & Chemical Company, Limited | Chandrachud, J.1. The respondents Rampur Distillery and Chemical Co. Ltd. - supplied to the appellants - Union of India - a large quantity of rum (presumably, for the use of Defence personnel), The rum was found not to conform to the quality stipulated and was therefore rejected by the appellants. The appellants then c... | 0[ds]It was held by this court that forfeiture of earnest money under a contract for sale of properly does not fall within S. 70 (74 ?) of the Contract Act, if the amount is reasonable, because the forfeiture of a reasonable sum paid as earnest money does not amount to the imposition of a penalty. But, "Where under the... | 0 | 687 | 262 | ### Instruction:
Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction.
### Input:
Chandrachud, J.1. The respondents Rampur Distillery and Chemical Co. Ltd. - supplied to the appellants - Union of India - a ... |
Grid Corpn. Of Orissa Ltd.&Ors Vs. Eastern Metals & Ferro Alloys & Ors Etc | it would have realized with reference to the tariff rates that were earlier in force under the interim tariff. ‘Charges made by the licensee’ therefore refers to the total revenue of appellant by sale of electricity to the different categories of consumers.19. The appellant, discharging the functions of the State Gover... | 1[ds]15. In this case, we have noticed above that Clause 9.1 is reasonably capable of more than one construction, that is at least three interpretations. We may therefore attempt to ascertain the true meaning of the provision by answering the four questions referred in the earlier para. On a careful consideration, the ... | 1 | 5,846 | 1,493 | ### Instruction:
Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences.
### Input:
it would have realized with reference to the tariff rates that were earlier in force under the interim tariff. ‘Charges ma... |
Tushar Kanti Bose Vs. Savitri Devi | raised a wall to dispossess the respondents from a portion in respect of which there was already an order of injunction by the Alipore Court. After coming to the aforesaid conclusion the Learned Single Judge directed by an order of mandatory injunction to close down the holes and remove all obstacles and restore back p... | 1[ds]5. Having heard the learned counsel for the parties and after through the record of the case without expressing any opinion on the merits of the rival contention we are of the considered Bench cannot be sustained on the sole ground of non-consideration of the relevant material. It is undisputed that Shri Suhrid Ku... | 1 | 1,433 | 261 | ### Instruction:
Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding.
### Input:
raised a wall to dispossess the respondents from a portion in respect of which there was already an order of injun... |
Rabindra Nath Samuel Dawson Vs. Sivakami & Others | dates of next revenue sales nonetheless, was not barred because the plaintiff would be entitled to exclude under Section 14 the time spent in prosecuting the earlier suit in computing the period of limitation and after this period was excluded the suit would be in time. Some of the other issues were also decided in fav... | 0[ds]the High Court proceeded to consider whether the appellant was entitled to exclude the time taken in the prosecution of the previous suit under Section 14 of the Limitation Act. It was contended before that court that the plaintiff was bona filed in filing his suit and prosecuting it and the appeal, and therefore,... | 0 | 1,974 | 910 | ### Instruction:
Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction.
### Input:
dates of next revenue sales nonetheless, was not barred because the plaintiff would be entitled to exclude under Section 14 ... |
The State of Madras represented by The Collector of Ramanathapuram Vs. Karumuthu Thiagarajan Chettiar | is the fact that the entire area originally granted retains its character as an inam."In so observing Govinda Menon, J. stated that the Court was inclined to agree with the view expressed by Subba Rao, J. in AIR 1953 Mad 246 (P. 25), and the following formulae devised by the learned Judge:"First find out whether origin... | 1[ds]7. An Inam village is an "estate" within the meaning of S. 3(2) (d) of the Madras Estates Land Act if the grant was made, confirmed or recognised by the Government notwithstanding that subsequent to the grant, the village has been partitioned among the grantees or theof the grantee or grantees. In the present case... | 1 | 2,966 | 503 | ### Instruction:
Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences.
### Input:
is the fact that the entire area originally granted retains its character as an inam."In so observing Govinda Menon, J. st... |
THE STATE OF UTTAR PRADESH & ORS Vs. PREMLATA | viz. relief against destitution. No other posts are expected or required to be given by the public authorities for the purpose. It must be remembered in this connection that as against the destitute family of the deceased there are millions of other families which are equally, if not more destitute. The exception to th... | 1[ds]8. While considering the issue involved in the present appeal, the law laid down by this court on compassionate ground on the death of the deceased employee are required to be referred to and considered. In the recent decision this court in Civil Appeal No.5122 of 2021 in the case of the Director of Treasuries in ... | 1 | 4,244 | 1,130 | ### Instruction:
Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding.
### Input:
viz. relief against destitution. No other posts are expected or required to be given by the public authorities fo... |
Bank Of Baroda Vs. Rajender Pal Soni | is liable to take over the services of the appellant ? If that finding is recorded in favour of the respondent, necessarily the suit of the respondent would stand maintainable. Section 45 of the Act envisages the power of the Reserve Bank to apply to the Central Government for suspension of the business of a Banking Co... | 1[ds]9. It is contended by the learned counsel for the respondent that under the Scheme, the assets and liabilities are to be taken over by theand, therefore, the employment of the appellant is one of the liabilities. Judicial review being one of the basic features of the Constitution, he cannot be prevented to avail o... | 1 | 1,734 | 128 | ### Instruction:
Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction.
### Input:
is liable to take over the services of the appellant ? If that finding is recorded in favour of the res... |
MURUGAN Vs. THE STATE OF TAMIL NADU | findings and would not appreciate the evidence de novo unless it is prima facie shown that both the Courts below did not either consider the relevant piece of evidence or there exists any perversity or/and absurdity in the findings recorded by both the Courts below etc. 21. We, however, made endeavour to peruse the evi... | 0[ds]18. Having heard the learned counsel for the parties and on perusal of the record of the case, we find no merit in the appeal.We, however, made endeavour to peruse the evidence with a view to find out as to whether the concurrent findings of both the Courts below have any kind of infirmity or/and whether the concu... | 0 | 2,388 | 944 | ### Instruction:
Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences.
### Input:
findings and would not appreciate the evidence de novo unless it is prima facie shown that both the Courts below did not e... |
Nirma Industries Ltd. Vs. Securities & Exchange Board Of India | offer are in place;(d) the public announcement of offer is made in terms of the Regulations;(e) his shareholding, if any in the target company is disclosed in the public announcement and the letter of offer. 70. Regulation 24(2) mandates that the merchant banker shall furnish to the Board a due diligence certificate wh... | 0[ds]We are inclined to agree with the submission made by Mr. Venugopal that the appellants cannot be permitted to wriggle out of the obligation of a public offer under the Takeover Regulation. Permitting them to do so would deprive the ordinary shareholders of their valuable right to have an exit option under the afor... | 0 | 17,490 | 549 | ### Instruction:
Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document.
### Input:
offer are in place;(d) the public announcement of offer is made in terms of the Regulations;(e) his shareho... |
M/S Carpenter Classic Exim. P. Ltd Vs. Commr. Of Customs (Imports) | addressed to Anchise Ballestrieri and Vittorio Tollardo of Veneta Cucine S.PA. Treviso, Italy. Photocopy of a fax message No.CCEPL/TM/089/97 dated 5.4.97, said to have been sent by Carpenter Classics to Thomas Mathew. Photocopy of a fax message dated 8.10.98, said to have been sent to Thomas Mathew by Ravi Karumbaiah. ... | 0[ds]The relevant proviso in Section 114A is applicable only where duty has been paid. In the instant case the claim that Rs.25 lakhs which is not whole of the differential duty is claimed to have been paid before the issuance of the show cause notice. The same is not a mitigating circumstanceAbove being the position, ... | 0 | 2,400 | 162 | ### Instruction:
Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document.
### Input:
addressed to Anchise Ballestrieri and Vittorio Tollardo of Veneta Cucine S.PA. Treviso, Italy. Photocop... |
Dinabandhu Sahu Vs. Jadumoni Mangaraj And Others | nor want of bona fides in imputable to the appellant". We have, therefore, no hesitation in holding that the order dated 2-7-1952 is on the facts a proper one to pass under the proviso to section 86. 6. It was also argued for the appellant that the power conferred by the proviso to section 85 could, on its true constru... | 0[ds]The policy underlying the provision is to treat the question of delay as one between the Election commission and the petitioner and to make the decision of the Election Commission on the question final and not open to question at any later stage of the proceedings. Under section 90(4) of the Act, when the petition... | 0 | 3,200 | 1,051 | ### Instruction:
Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case.
### Input:
nor want of bona fides in imputable to the appellant". We have, therefore, no hesitation in holding that the... |
Karnataka Rare Earth and Anr Vs. The Senior Geologist, Department of Mines and Geology and Anr | P. Ramanatha Aiyar, Second Edition, p. 1431). 14. In support of the submission that the demand for the price of mineral raised and exported is in the nature of penalty, the learned counsel for the appellants has relied on the marginal note of S.21. According to Justice G.P. Singh on Principles of Statutory Interpretati... | 0[ds]7. In our opinion, the demand by the State of Karnataka of the price of the mineral cannot be said to be levy of penalty or a penal action. The marginal note of the section - Penalties, creates a wrong impression. A reading of S.21 shows that it deals with a variety of situations. Sub-sections (1), (2), (4), (4A) ... | 0 | 3,782 | 1,299 | ### Instruction:
Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction.
### Input:
P. Ramanatha Aiyar, Second Edition, p. 1431). 14. In support of the submission that the demand for the price of mineral rais... |
Pramod Jain Vs. Sebi | respondent to withdraw the public offer would be detrimental to the overall interest of the shareholders. The only reason put forward by the respondent for withdrawal of the offer is that it is no longer economically viable to continue with the offer. Mr Nariman has referred to a tabular statement and data to show that... | 0[ds]26. Applying the decisions of this Court to the facts of the present case, we are in agreement with the finding recorded by the SAT that there was undue delay on the part of the SEBI in dealing with the DLO. No doubt, in a given case timeline prescribed under the Regulations may not be adhered to when the SEBI jus... | 0 | 10,041 | 736 | ### Instruction:
First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document.
### Input:
respondent to withdraw the public offer would be detrimental to the overall interest of the shareholders. The only reason p... |
Samarpan Varishtha Jan Parisar & Ors Vs. Rajendra Prasad Agarwal & Ors | injunction between the plaintiff – brother, who was given the property in question as a caretaker, the owner being sister of the plaintiff. An argument was raised before this Court that the possession of a caretaker can never be a possession in ones right and no suit for injunction under Section 6 of the Specific Relie... | 1[ds]In the present appeal, we are concerned with the possession falling in third category. This Court in a judgment reported as Associated Hotels of India v. R.N. Kapoor AIR 1959 SC 1262 has held that in case of a licensee, the legal possession continues with the owner as in terms of Section 52 of the Indian Easement... | 1 | 3,764 | 1,986 | ### Instruction:
Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text.
### Input:
injunction between the plaintiff – brother, who was given the property in question as a caretaker, the owner being sister... |
Rajesh Mishra @ Mitra Vs. The State of Goa, Through Police Inspector | P.K.Basheer and others (cited supra) held in paras 13 and 14 of the judgment thus:13 - Any documentary evidence by way of an electronic record under the Evidence Act, in view of Sections 59 and 65A, can be proved only in accordance with the procedure prescribed under Section 65B. Section 65B deals with the admissibilit... | 1[ds]25. According to Vinay Miniz PW 6, the appellant had offered him job in Cipla Company. On 18.1.2011 when he joined the duties in the second shift, the appellant as a Supervisor put him inside the Company at about 2.45 p.m. He did not notice anything on his hands, however, while leaving the Company at 11.00 p.m. Wh... | 1 | 4,725 | 490 | ### Instruction:
Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction.
### Input:
P.K.Basheer and others (cited supra) held in paras 13 and 14 of the judgment thus:13 - Any documentary ... |
State Of Andhra Pradesh Vs. Challa Ramkrishna Reddy | her family. She stated that her daughter, who was 5 years of age, and her sister who was looking after the daughter, were permitted to have interview with her only once in a month. Considering the petition, Bhagwati, J. (as he then was) observed at AIR pp. 753-54 in para 8 as under : (SCC pp. 619-20, para 9) 9. The sam... | 0[ds]9. The very manner in which the culprits gained entry into the jail shows that it could not have happened but for the negligence on the part of the police to guard the jail property and to ensure the safety of prisoners, as required by Rule 48 of the Madras Rules aforesaid. It may be noted that Kumool District is ... | 0 | 5,786 | 1,582 | ### Instruction:
First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document.
### Input:
her family. She stated that her daughter, who was 5 years of age, and her sister who was looking after the daughter, were p... |
Ram Surat Singh Vs. Harish Chandra Mahto | Sarkaria, J.1. The appellant was elected as a member of the Bihar Legislative Assembly from 69 - Belsand Assembly Constituency, securing 30,501 votes as against 18,371 polled by his nearest rival Sri Ramanand Singh. The poll was held on March 5, 1972. A re-poll of polling stations situate in village Aura was held on Ma... | 1[ds]4. This Court has held in a series of decisions that inspection of ballot papers or their counterfoils is not to be allowed as a matter of course as such an order touches upon the secrecy of the ballot. Such inspection can be allowed only if a good ground for the same is made out by the petitioner. He must adequat... | 1 | 808 | 369 | ### Instruction:
Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction.
### Input:
Sarkaria, J.1. The appellant was elected as a member of the Bihar Legislative Assembly from 69 - Belsand Assembly Constituen... |
Bharti Cellular Ltd Vs. Union Of India | total figure of IMSI in the Home Location Register. The Tribunal found that the representation made on the subject by the petitioner-appellant on 1st April, 1999 was rejected by the respondent on 23rd April, 1999 and the appellant offered a Migration Package on 22nd July, 1999 which, inter alia, contained a clause that... | 0[ds]5. Insofar as issue No. (i) above is concerned, the Tribunal took the view that the respondents had clarified to the appellant and other cellular operators that the basis for calculating the number of subscribers for determining the licence fee shall be the total figure of IMSI in the Home Location Register. The T... | 0 | 1,965 | 804 | ### Instruction:
Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document.
### Input:
total figure of IMSI in the Home Location Register. The Tribunal found that the representation made on the ... |
Dhani Devi Vs. Sant Bihari & Ors | 58. Likewise in the case of the death of an applicant during the pendency of an appeal under Section 64, or a revision petition under Section 64A the appellate or the revisional authority has power if it thinks fit to substitute the successor in place of the deceased applicant in the records of the proceedings. 6. We m... | 1[ds]4. Under Section 57 an application for a stage carriage permit or a public carriers permit must be made within the appointed time and published in the prescribed manner. The representations relating thereto must also be made before the appointed time. In the event of the death of an applicant after the expiry of t... | 1 | 2,384 | 653 | ### Instruction:
Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction.
### Input:
58. Likewise in the case of the death of an applicant during the pendency of an appeal under Section 64, or a revision petit... |
Mervin Albert Veiyra Vs. C.P. Fernandes & Another | the Authority has found as a fact that there was a continuous lack of raw materials which did not enable the employer to give work to the employee. Mr. Buch has been compelled to admit that a lay-off for a short period may be beneficial to the workmen, but if it extends beyond the short period then it would lead to ser... | 0[ds]It is clear that under the common law an employer could terminate the services of an employee at any time even though his business or his industry may only be temporarily stopped and there was every prospect of resumption of that business or industry. There was no obligation upon the employer temporarily to suspen... | 0 | 4,170 | 2,220 | ### Instruction:
Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding.
### Input:
the Authority has found as a fact that there was a continuous lack of raw materials which did not enable the emplo... |
GEETABEN ANILKUMAR PATEL AND ORS Vs. PRAVINCHANDRA JINABHAI PATEL AND ORS | honestly, wholeheartedly and faithfully act in accordance with and implement the transaction of the property, the IMOU which is now considered as MOU and the accounting chart in respect of the companies and the firms. ........ The aforesaid Arbitration Award I agreed to and approved of by and our descendant guardian an... | 0[ds]23. Award dated 07.07.1996 was received by Anilkumar Patel for himself and on behalf of his family members. In interim MOU dated 29.06.1996, Anilkumar Patel signed for self and as a power of attorney holder for his wife and his all sons and. Challenging the award dated 07.07.1996, Anilkumar Patel and his family me... | 0 | 4,467 | 586 | ### Instruction:
Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text.
### Input:
honestly, wholeheartedly and faithfully act in accordance with and implement the transaction of the property, the IMOU wh... |
Employees of Tannery and Footwear Corporation of India Ltd & Another Vs. Union of India & Others | the respondent - corporation and the Cotton Corporation of India, in 1970, the said parity was disturbed in 1973 when the pay scales of the employees in the Cotton Corporation of India were revised in accordance with the Third Pay Commission formula. The parity was sought to be restored in 1976 when the pay scales of t... | 1[ds]11. In our view the respondents are right in pointing out that the guidelines dated November 27, 1982, issued by the Bureau of Public Enterprises which have been issued with regard to the revision of pay scales of the officers in Government undertakings and they do not apply to subordinate staff like the petitione... | 1 | 3,600 | 1,256 | ### Instruction:
Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document.
### Input:
the respondent - corporation and the Cotton Corporation of India, in 1970, the said parity was disturbe... |
Qudrat Ullah Vs. Municipal Board, Barelly | of the General Clauses Act. What follows? The survival of the right or the continuation of the operation of the Act to the proceedings is all that is ensured, not the expansion or extension of the right. For the normal life of the Act i.e. till September 30, 1972, the dispossession of the tenant is permissible only if ... | 0[ds]17. We have in this case a temporary Act which would have died a natural death by the end of September, 1972 but before its life had run out was extinguished by statutory repeal on 22nd July, 1972 on which date the later Act came into force. Surely, there has been a repeal of the Act which was relied upon successf... | 0 | 6,706 | 800 | ### Instruction:
Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages.
### Input:
of the General Clauses Act. What follows? The survival of the right or the continuation of the operation o... |
Hawaldar Singh and Others Vs. State of Uttar Pradesh | 1. Notice in this special leave petition was confined to the question whether petitioners Nos. 2 and 3, Hawaldar Singh and Khan Singh were under the age of 16 years on the date of occurrence and therefore entitled to the benefit of the U.P. Children Act, 1961 (1952 ?) although no such question was raised either before ... | 0[ds]3. It is amply clear that despite repeated opportunities, the petitioners have led no evidence and have failed to prove that either of them was under the age of 16 years on the date of the occurrence and therefore entitled to the benefit of the U.P. Children Act. Learned counsel for the petitioners however drew ou... | 0 | 710 | 290 | ### Instruction:
Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document.
### Input:
1. Notice in this special leave petition was confined to the question whether petitioners Nos. 2 and 3,... |
Collector Of Customs & Ors Vs. M/S. Soorajmull Nagarmull & Anr | own creditor but to some third party who has obtained a final judgment against the creditor. By a parity of reasoning this amount which was with the Collector of Customs, could be asked to be deposited with the Income-tax Authorities under S. 46 (5A).The argument is extremely technical for that the firm is entitled to ... | 1[ds]In our judgment this plea is highly technical. The amount was recovered by the Collector of Customs from the firm and was being held by the Union of India through the Collector of Customs. The Collector of Customs paid the money not on behalf of himself but on behalf of the Union of India and I must be treated as ... | 1 | 2,485 | 691 | ### Instruction:
Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction.
### Input:
own creditor but to some third party who has obtained a final judgment against the creditor. By a parity of reasoning this a... |
Mohini Thapar (Dead) By L.Rs Vs. Commissioner of Income Tax (Central) Calcutta and Others | of the Assistant Commissioner. Thereafter at the instance of the assessee, the question set out below was submitted to the High Court under section 66(1) of the Indian Income-tax Act, 1922, in respect of the assessment year 1949-50:"(1) Whether on the facts and on the circumstances of the case, the income of Rs. 21, 22... | 0[ds]This contention of the revenue appears to be sound. That position clearly emerges from the plain language of theare unable to accept this contention as sound. Otherwise the expression as arises directly or indirectly in section 16(3)(a) would become redundant. The net cast by section 16(3)(a) (iii) includes not me... | 0 | 1,405 | 172 | ### Instruction:
Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction.
### Input:
of the Assistant Commissioner. Thereafter at the instance of the assessee, the question set out below was submitted to the H... |
K. S. Venkataraman & Co Vs. State Of Madras | Ayyar, J., in the second case are in the nature of dicta; and in the third case the Madras High Court expressed the view that the bar created by S. 67 of the Income-tax Act did not prevent a High Court in a petition under Art. 226 of the Constitution from investigating the validity of a complaint that the fundamental r... | 1[ds]Indeed, in view of the said machinery, the Judicial Committee even doubted whether the enactment of S. 67 was necessary to exclude jurisdiction. In its opinion it was superfluous. The entire reasoning of the Judicial Committee was, therefore, based upon the assumption, that the question of ultra vires can be canva... | 1 | 22,382 | 1,237 | ### Instruction:
Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding.
### Input:
Ayyar, J., in the second case are in the nature of dicta; and in the third case the Madras High Court expressed t... |
Bayyana Bhimayya Vs. The Government Of Andhra Pradesh | they issued delivery orders to third parties, with whom they had entered into separate transactions. The procedure followed by the appellants was this : They first entered into contracts with the Mills agreeing to purchase gunnies at a certain rate for future delivery. Exhibit A-1 is a specimen of such contracts. The a... | 0[ds]6. To begin with, the Mills had made clear in their agreements that they were not recognising the third parties as contracting parties having privity with them, and that delivery would be given against the kutcha delivery orders to the third parties as agents of the appellants. The Mills, therefore, recognised onl... | 0 | 1,207 | 371 | ### Instruction:
Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction.
### Input:
they issued delivery orders to third parties, with whom they had entered into separate transactions. The procedure followed ... |
U.P.Rajkiya Nirman Nigam Vs. Indure Pvt.Ltd. | the construction thereof. We, therefore hold that the arbitrators cannot clothe themselves with jurisdiction to decide conclusively the arbitrability of the dispute. It is for the Court under Section 33 or on appeal thereon to decide it finally. The appellant, therefore, is not estopped to challenge the action and to s... | 1[ds]It is seen that the tenders were not jointly signed by the appellant and the respondent but where unilaterally submitted to the Board by the appellant and were later on a withdrawn. There did not exist any concluded contract between the Board and the appellant for the performance of the work as per terms and condi... | 1 | 4,286 | 1,223 | ### Instruction:
Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding.
### Input:
the construction thereof. We, therefore hold that the arbitrators cannot clothe themselves with jurisdiction to decide con... |
Sohan Lal Vs. Union of India | appellant and Jagan Nath.If we were to do so, we would be entering into a field of investigation which is more appropriate for a Civil Court in a properly constituted suit to do rather than for a Court exercising the prerogative of issuing writs. These are questions of fact and law which are in dispute requiring determ... | 1[ds]7. The eviction of Jagan Nath was in contravention of the express provisions of S. 3 of the Public Premises (Eviction) Act. His eviction, therefore, was illegal. He was entitled to be evicted in due course of law and a writ of mandamus could issue to or an order in the nature of mandamus could be made against the ... | 1 | 2,467 | 548 | ### Instruction:
Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation.
### Input:
appellant and Jagan Nath.If we were to do so, we would be entering into a field of investigation which is mo... |
M/s. CASIO India Co. Pvt. Ltd Vs. State of Haryana | stages is exempt. The exemption, therefore, is good specific, subject of course to other conditions being satisfied. 18. It is not disputed that on all intra-state sales no tax has been charged as the said transactions were treated as exempt by the tax authorities. However, in the course of inter-state sales, it is sub... | 1[ds]do not think the proviso should be given a greater or more significant role in interpretation of the main part of the notification, except as carving out an exception. It means and implies that the requirement of the proviso should be satisfied i.e. manufacturing dealer should not have charged the tax. The proviso... | 1 | 6,197 | 419 | ### Instruction:
Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding.
### Input:
stages is exempt. The exemption, therefore, is good specific, subject of course to other conditions being sat... |
Shri Krishna Singh Vs. Mathura Ahir and Others | by his Guru Swami Atmavivekanand, the then mahant, in 1937 and nominated to be his successor and accordingly upon his demise on August 23, 1949, had been duly installed as mahant of the math by the Sant Mat Sampradaya, i.e., by the mahants and sanyasis of the bhesh and given chadar mahanti according to the tenets of fr... | 0[ds]In the instant case, the evidence on record sufficiently establishes that a math came to be established at Garwaghat and the building known as Bangla Kuti and certain other buildings, including the house in suit constituted the endowment of the math itself.There is also aof the Puri division of the Dasnami sect. T... | 0 | 15,110 | 704 | ### Instruction:
Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction.
### Input:
by his Guru Swami Atmavivekanand, the then mahant, in 1937 and nominated to be his successor and accord... |
Bombay Metropolitan Region Development Authority, Bombay Vs. Gokak Patel Volkart Ltd. and Ors | attention to the decision of the court of Appeal in the case of R. v. Paddington Valuation Officer. In particular we were referred to the judgment of Salmon, L. J. wherein it was observed "I am not altogether satisfied that there would be any power to grant mandamus and keep the 1963 valuation list in force by the simp... | 1[ds]22. We fail to see, how the respondents can derive any support for their case from these observations of Salmon, L. J. That was a case where it was found that the valuation officer had prepared a valuation list of 31, 656 dwellings at Paddington erroneously. There was a prayer for certiorari to quash the list alto... | 1 | 3,993 | 601 | ### Instruction:
Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction.
### Input:
attention to the decision of the court of Appeal in the case of R. v. Paddington Valuation Officer. In particular we were re... |
Smt. Sudha Devi Vs. M.P. Narayanan & Ors | meagre evidence led by her, failed to establish her case. 4. The fact that the plaintiff obtained an ex parte decree in the earlier suit against defendants 1 and 2 is established by the copy of the decree exhibited in the case. The allegation in the plaint so far as the third defendant is concerned, is in paragraph 7 i... | 1[ds]We, therefore, agree with Mr Bobde that the plaintiff cannot be allowed a decree on the evidence led by her in the suit founded on the plaint as it is7. After hearing the learned counsel for the parties at considerable length, we also agree with Mr Bobde that in the interest of justice the prayer made on behalf of... | 1 | 1,543 | 252 | ### Instruction:
Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding.
### Input:
meagre evidence led by her, failed to establish her case. 4. The fact that the plaintiff obtained an ... |
M/S. Sahni Silk Mills(P) Ltd. Vs. Employees State Insurance Corpn | Regional Directors, Assistant Regional Directors and other officers mentioned in the resolution by designations. Neither any grievance has been made nor can it be made so far as this resolution is concerned because the Corporation has directly delegated its power under Section 85-B to different officers with reference ... | 1[ds]10. So far as the present Section 94-A is concerned, it says that the Corporation subject to any regulation made by the Corporation in that behalf, may direct that particular or any of the powers and functions which may be exercised or performed by the Corporation, may, in relation to such matters and subject to s... | 1 | 3,269 | 1,323 | ### Instruction:
Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding.
### Input:
Regional Directors, Assistant Regional Directors and other officers mentioned in the resolution by designations. ... |
Bajaj Auto Limited Vs. State of Maharashtra & Others | right as a fundamental right to the citizens of this country. This aspect needs to be kept in mind while interpreting the provisions of the Act.23. The relevant portion of Article 19 of the Constitution of India is as under:"19. Protection of certain rights regarding freedom of speech, etc. - (1) All citizens shall hav... | 0[ds]The aforesaid Article which gives fundamental right to the citizens of this country and the observations made by the Apex Court show that for effective functioning of the association/union if registration is necessary, registration needs to be allowed. In a case like the present one if registration is not allowed,... | 0 | 5,786 | 793 | ### Instruction:
Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction.
### Input:
right as a fundamental right to the citizens of this country. This aspect needs to be kept in mind while interpreting the pr... |
M/S. Krishnamurthi & Co. Etc Vs. State Of Madras & Anr | 1949 and stated that the notification shall always be deemed to have meant like that. One of the contentions raised in that case was that the retrospective operation of the impugned section should be struck down as unconstitutional because it imposed unreasonable restrictions on the petitioners fundamental right under ... | 0[ds]14. In the case of Jaora Sugar Mills (P) Ltd. v. State of Madhya Pradesh, (1966) 1 SCR 523 = (AIR 196 SC 416) this Court dealt with the validity of S. 3 of the Sugar Cane Cess (Validation ) Act, 1961 (Central Act 38 of 1961). The said section concerned the levy of sugar cane cess and provided that "all cesses im... | 0 | 4,824 | 320 | ### Instruction:
Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text.
### Input:
1949 and stated that the notification shall always be deemed to have meant like that. One of the contentions raised in th... |
The State (GNCT of Delhi) Narcotics Control Bureau Vs. Lokesh Chadha | grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail. It was urged that in a case such as a present where the conviction is under the provisions of Sections 23(c) and 25A of the NDPS Act, the requirement of Section 37 that there are reasonable grounds... | 1[ds]9. While considering the rival submissions, we must at the outset advert to the manner in which the learned Single Judge of the High Court has dealt with the application for suspension of sentence under Section 389(1) of CrPC. The offence of which the respondent has been convicted by the Special Judge arises out o... | 1 | 1,911 | 820 | ### Instruction:
Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction.
### Input:
grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail. I... |
MEDICAL COUNCIL OF INDIA Vs. LORD BUDDHA EDUCATION SOCIETY | that if the deficiencies of teaching faculty and/or residents are found to be more than 30% and/or bed occupancy less than 50%, College shall not be entitled to make them good and compliance of deficiencies will not be considered for issuance of letter of permission for same academic year. This Court held that complian... | 1[ds]15. What emerges from the factual scenario of the case is that the College had never been granted permission by the MCI. The Government of India was compelled to grant permission on the conditional basis that too in view of the direction issued by the Oversight Committee. As there were deficiencies and it was a ca... | 1 | 7,830 | 1,381 | ### Instruction:
Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction.
### Input:
that if the deficiencies of teaching faculty and/or residents are found to be more than 30% and/or bed ... |
Maharaj Prithvisinghji Bhimsinghji Vs. State of Bombay | his attache case during the journey, particularly when a leather spectacle case was found in it, without the spectacles, and the appellant had on a pair of spectacles at Abu Road Station. As it has already been stated the opportunity to place the bottle in question in the waiting room at Abu Road station has not been c... | 1[ds]9. It would appear from the finding of the High Court that it would have hesitated to differ from the Sessions Judge on this vital issue whether Gangaram had an opportunity to place the bottle in the attache case were it not for the fact that there was no evidence to show that this accused entered the 1st Class co... | 1 | 3,506 | 1,285 | ### Instruction:
Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding.
### Input:
his attache case during the journey, particularly when a leather spectacle case was found in it, without the spec... |
Dalco Engineering Pvt. Ltd Vs. Satish Prabhakar Padhye | In one of the cases cited before us, that is, Surendra Kumar Verma v. Central Government Industrial Tribunal-cum-Labour Court (1981) 1 SCR 789 , we had occasion to say, Semantic luxuries are misplaced in the interpretation of "bread and butter" statutes. Welfare statutes must, of necessity, receive a broad interpretati... | 1[ds]15. We agree that thec legislations should be interpreted liberally. It is also true that Courts should adopt different yardsticks and measures for interpretingc statutes, as compared to penal statutes, and taxing statutes. But a caveat. The courts cannot obviously expand the application of a provision in ac legis... | 1 | 5,756 | 868 | ### Instruction:
Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case.
### Input:
In one of the cases cited before us, that is, Surendra Kumar Verma v. Central Government Industrial Tribunal... |
Sisir Kumar Dutta Vs. State Of West Bengalunion Of India-Intervener | that the British Parliament invested the Constituent Assembly with all the powers of the Dominion Legislature "for the purpose of making provision as to the constitution of the Dominion." That power it exercised and drew up the Indian Constitution, but in doing so it decided to bring the Constitution into being in two ... | 0[ds](9) Now S. 4-A provides that the Constituent Assembly shall have the powers of the Dominion Legislature under the British Act "until other provision is made by or in accordance with a law made by the Constituent Assembly under sub-s. (1) of S. 8, Indian Independence Act,Turning to sub-s. (1) of S. 8 we find that t... | 0 | 2,066 | 576 | ### Instruction:
Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction.
### Input:
that the British Parliament invested the Constituent Assembly with all the powers of the Dominion Legis... |
K.MARAPPAN (DEAD) THROUGH SOLE LR. BALASUBRAMANIAN Vs. THE SUPERINTENDING ENGINEER T.B.P.H.L.C. CIRCLE ANANTAPUR | of the appellant to produce the ledger has fatal consequences. The matter becomes further aggravated by the failure on the part of the appellant to even produce vouchers or bills in support of the claim to purchase the cement from outside sources. This is even if we are to ignore the fact that there is no written permi... | 1[ds]26. It is our view that it will not be open to a contractor to claim compensation which arises on account of the fact that the work is delayed or hindrance caused to the work from any cause whatsoever. To demystify this further, it means that should the work be delayed on account of reasons which are attributable ... | 1 | 16,969 | 8,131 | ### Instruction:
Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding.
### Input:
of the appellant to produce the ledger has fatal consequences. The matter becomes further aggravated by the failu... |
Food Corporation Of India Etc. Etc Vs. State Of Kerala | at one point viz. from the Food Corporation of India. Credit is however given where Food Corporation of India furnishes proof that it ha s already paid the tax to Food Department (RFCs) and its agencies and they (Food department and its agencies) have deposited that tax. By this procedure assessing authority has given ... | 0[ds]"This case, in our opinion, is squarely covered by a recent decision of this Court delivered by a Bench of seven Judges in Vishnu Agencies (Pvt. Ltd.) vs. Commercial Tax Officer. The High Court in the case of Jagatjit Distilling and Allied Industries Ltd. had mainly relied upon the decision of this Court to hold t... | 0 | 11,248 | 2,161 | ### Instruction:
Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding.
### Input:
at one point viz. from the Food Corporation of India. Credit is however given where Food Corporation of India furn... |
M/s Jeevan Diesels & Electricals Ltd Vs. M/s Jasbir Singh Chadha (Huf) & Another | case. This Court is unable to accept the aforesaid contention. In Karam Kapahi (supra) a Bench of this Court analyzed the principles of Order 12 Rule 6 of the Code and held that in the facts of that case there was clear admission on the part of the lessee about non- payment of lease rent. The said admission was made by... | 1[ds]13. Whether or not there is a clear, unambiguous admission by one party of the case of the other party is essentially a question of fact and the decision of this question depends on the facts of the case. This question, namely, whether there is a clear admission or not cannot be decided on the basis of a judicial ... | 1 | 2,228 | 841 | ### Instruction:
Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding.
### Input:
case. This Court is unable to accept the aforesaid contention. In Karam Kapahi (supra) a Bench of this Court analy... |
Kirpal Kaur and another Vs. Ritesh and others | submitted that as such there are concurrent findings of facts recorded by all the courts below on the execution of the agreement executed by Gurmeet Singh in favour of Jai Parkash. It is submitted that all the courts below have also believed the payment of sale consideration by the vendee to the vendor. It is contended... | 0[ds]At the outset, it is required to be noted that as such there are concurrent findings of facts recorded by all the courts below on the execution of the agreement dated 11.02.2004 by Gurmeet Singh in favour of Jai Parkash. There are concurrent findings of fact recorded by all the courts below on the payment of part ... | 0 | 2,500 | 628 | ### Instruction:
Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding.
### Input:
submitted that as such there are concurrent findings of facts recorded by all the courts below on the execution of the agr... |
City Corner Vs. Personal Asstt. To Collector & Addl. District, Magistrate,N | The District Magistrate considered that the explanation offered was a routine one and was not convincing.2. Section 12 of the Andhra Pradesh (Andhra Area) Places of public Resort Act enables the District Magistrate to call for and examine the record, of any proceeding taken under the Act, to call for any report in conn... | 1[ds]The power under s. 12 is to pass any order which the authority holding the proceeding might have passed" that is, an order granting revoking or suspending. In other words, if the authority competent to grant the licence refuses, the District Magistrate in exercise of his power under s. 12 may grant the licence and... | 1 | 1,510 | 1,332 | ### Instruction:
Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences.
### Input:
The District Magistrate considered that the explanation offered was a routine one and was not convincing.2. Section 12 of ... |
Amar Chand Inani Vs. Union Of India | to the proper Court and was presented in that Court, the suit can be deemed to be instituted in the proper Court only when the plaint was presented in that Court. In other words the suit instituted in the trial Court by the presentation of the plaint returned by the Panipat Court was not a continuation of the suit file... | 0[ds]We do not think it necessary to decide the question whether the order passed by the Panipat Court returning the plaint for presentation in the proper Court would operate as res judicata and preclude the appellant from contending in this appeal that the Karnal Court had jurisdiction to entertain the suit, for the r... | 0 | 2,615 | 358 | ### Instruction:
Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document.
### Input:
to the proper Court and was presented in that Court, the suit can be deemed to be instituted in the proper ... |
Mahalaxmi Motors Ltd Vs. Mandal Revenue Officer & Others | Jublee Honda Motors. The land encroached by the respondent is surveyed by the Mandal Revenue Officer through mandal Surveyor and found that the respondent not only encroached 6946 sq. mtrs. (Amended as per orders passed in I. A. No. 94 of 2003, dated 13. 06. 2003) of government land in Sy. No. 82 of Bowenpally, but als... | 0[ds]( 30 ) We are bound by the decision of the larger Bench in this case. The Special court exercises a jurisdiction of the Civil Court, provisions of the Code of Civil procedure being applicable. If it is a Civil Court, all questions relating to title and possession can be gone into. The proceeding can be initiated i... | 0 | 9,986 | 1,073 | ### Instruction:
Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding.
### Input:
Jublee Honda Motors. The land encroached by the respondent is surveyed by the Mandal Revenue Officer through mand... |
Natha Singh & Ors Vs. The Financial Commissioner, Taxation, Punjab & Ors | to be produced.4. With regard to the first contention advanced on behalf of the appellants, it is sufficient to observe that it has been time and again observed by this Court that in dealing with a petition under Article 226 of the Constitution, the High Court cannot exercise the jurisdiction of an appellate court and ... | 0[ds]In view of the foregoing reasons we are satisfied that the orders passed by the revenue authorities did not suffer from any error of law so as to warrant interference in writ proceedings and the High Court was justified in dismissing in limine that writ petition preferred by thefar as the application of the appell... | 0 | 1,987 | 337 | ### Instruction:
Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding.
### Input:
to be produced.4. With regard to the first contention advanced on behalf of the appellants, it is sufficient to observe th... |
A. V. Fernandez Vs. The State Of Kerala | 20 (2) at all to these cases. The amount for which the oil is sold inter-State trade or commerce would not be lawfully included in the turnover of the dealer and if the amount for which such oil is sold cannot thus be included in this turnover no occasion would arise for the deduction under R.7 (1) (k) of the value of ... | 1[ds].It is no doubt true that in construing fiscal statutes and in determining the liability of a subject to tax one must have regard to the strict letter of the law and not merely to the spirit of the statute or the, substance of the law. If the Revenue satisfies the Court that the case falls strictly within the prov... | 1 | 6,381 | 984 | ### Instruction:
Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding.
### Input:
20 (2) at all to these cases. The amount for which the oil is sold inter-State trade or commerce would not be lawfully inc... |
Ratnam Chettiar & Ors Vs. S. M. Kuppuswami Chettiar & Ors | undoubtedly apply to this case. But this Court had taken care to point out in these very observations which are underlined by us that this rule did not apply to the minors who are undoubtedly permitted in law to reopen the partition once it is proved that the partition was unfair or unjust to them. In view of the concu... | 1[ds]It would appear from the findings arrived at by the two courts that defendant No. 1 was undoubtedly an honest man and defendant No. 5 the younger brother appears to be an idealist - a person to whom the value and prestige of the family was a consideration much above mundane monetary matters. Secondly, the partitio... | 1 | 6,273 | 2,494 | ### Instruction:
Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding.
### Input:
undoubtedly apply to this case. But this Court had taken care to point out in these very observations which are u... |
Khazan Chand Vs. State Of Jammu And Kashmir And Others | the expiry of the quarter and such return is to be accompanied by a treasury receipt or any other proof of payment of tax due according to that return. This requirement implies that the tax due according to a quarterly return has to be paid before the filing of that return by the prescribed date therefor. Under sub-sec... | 1[ds]It appears that in most, if not in all, orders which have been impugned in these petitions and appeals, interest on the amount of quarterly tax not paid in time has been imposed at a uniform rate for the full period of default and not according to the scale of rates prescribed by sub-section (2) of section 8. Thus... | 1 | 8,751 | 509 | ### Instruction:
Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages.
### Input:
the expiry of the quarter and such return is to be accompanied by a treasury receipt or any other proof of... |
State of Uttar Pradesh Vs. Ata Mohd | nature of the right that vested in the Municipality over the streets, Subba Rao, J. (as he then was) after considering the decisions of the English Courts and the High Courts, summed up the law on this subject as follows:-"The inference that the side lands are also included in the public way is drawn easily as the said... | 1[ds]The High Court has found that the State was the owner of the property till the Municipal Act was passed and this finding was not challenged before us. The only point on which the State lost the suit before the High Court was that after the passing of the Uttar Pradesh Municipal Act, the property vested in the Muni... | 1 | 3,221 | 850 | ### Instruction:
Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction.
### Input:
nature of the right that vested in the Municipality over the streets, Subba Rao, J. (as he then was) after considering the d... |
Commnr. Of Central Excise, Indore Vs. M/S.S. Kumars Ltd. | the relationship was one of principal to principal and not principal and agent and also that the assessee could manufacture biscuits of other brands and sell the same. It was observed that the assessee had been established much prior to its agreement with Britannia Industries Limited. In the circumstances it was held t... | 1[ds]We may note at the outset that Rule 3 provides for the applicability of all the valuation rules when it says the value of any excisable goods shall, for the purposes of clause (b) of(1) of Section 4 of the Act, be determined by the proper officer in accordance with these rules. No distinction is made between the a... | 1 | 4,819 | 887 | ### Instruction:
Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case.
### Input:
the relationship was one of principal to principal and not principal and agent and also that the assessee co... |
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