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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Commissioner of Central Excise, Vadodara Vs. Vadilal Gases Ltd. and Ors | illumination. The Nitrogen gas gives long life to the filament of the bulb. Similarly, when the mixture of argon and carbondioxide is used in welding, the argon gas creates an inert atmosphere while the carbon dioxide gas stops oxidization of the material. Thus the individual gases retained their individual properties ... | 0[ds]7. The above issue need not detain the Court. We have a decision of the learned Tribunal in Ammonia Supply Company v. CCE, New Delhi 2001 (131) E.L.T. 626 (Tri.-Del.) wherein the Tribunal has taken the view that ammonia coming in tankers cannot be treated to have come in bulk packs. In this regard, there is also a... | 0 | 2,697 | 1,498 | ### Instruction:
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illumination. The Nitrogen gas gives long life to the filament of the bulb. Similarly, when the mixture of a... |
State Of Punjab & Ors Vs. M/S. Tara Chand Lajpat Rai | from October 16, 1951which fell within the fourth quarter of the year in question . He also filed another writ petition for a similar relief in respect of that year. The contention was that whatever may be said in the case of an unregistered dealer, in the case of a registered dealer, the proceedings commence from the ... | 1[ds]5. For the reasons which we shall presently set out, the question whether the assessment order was passed under S. 11 (3) or S. 11(4) or (5) does not need any answer as it makes no difference so far as this case is concerned whether it was made under one or the other sub-section. However, the mere fact that the As... | 1 | 4,216 | 2,054 | ### 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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from October 16, 1951which fell within the fourth quarter of the year in question . He also filed another writ pet... |
Bihar State Board Of Religious Trust Vs. Palat Lall And Another | right thereafter. The whole of the arrangement shows that the further looking after of the Thakurji was to be the concern of the family, and it was only under the nomination of the family that a particular person of the Vaishavanava belief was to be incharge after the demise of the members of the family who were to bec... | 0[ds]11. In the present case, the idol was a family idol and the worshippers had all along been the members of the family. Indeed, the evidence is overwhelming on that score. The learned trial Judge mentions that very important and leading persons gave evidence in that behalf. In the judgment of the trial judge, a list... | 0 | 2,686 | 877 | ### Instruction:
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right thereafter. The whole of the arrangement shows that the further looking after of the Thakurji was to ... |
UNION OF INDIA & ANR Vs. S. NARASIMHULU NAIDU (DEAD) THROUGH LRS. AND ORS | suit property by claiming exclusive title. The trial court in the said suit held that the deceased-K. Ethirajan cannot be held to be in possession of the suit property as a mere licensee of the deceased-M. Gurunathan. He was held to be in possession of the suit property as owner since 1940 as evidenced by various docum... | 1[ds]25. The applicants have claimed possession from the appellants primarily on the ground that in the suit filed by the plaintiffs on 14.4.1965, the basis of the suit was purchase of land by the plaintiffs from the father of the applicants. Since the plaintiffs have been found to be the owners on the basis of purchas... | 1 | 13,362 | 3,249 | ### Instruction:
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suit property by claiming exclusive title. The trial court in the said suit held that the deceased-K. Ethir... |
THE STATE OF JHARKHAND DEPARTMENT OF HEALTH MEDICINE EDUCATION AND FAMILY WELFARE TRHOUGH THE SECRETARY & ORS Vs. BANARAS PRASAD (DEAD) THROUGH LRS | of a Civil Surgeon-cum-CMO, Giridih, Giridih. It appears from the records that the suspension Order could not be served on him as he disappeared from the scene. Nor did he agitated his suspension or the consequential inaction thereafter as no departmental proceedings were held possibly on account of his having disappea... | 1[ds]6. The aforesaid order has never been assailed by the respondent and the purport of the impugned orders would be to give him the full salary benefits for the complete period of absence, something we cannot countenance.7. We were initially a little circumspect in respect of the manner in which the State has handled... | 1 | 1,127 | 314 | ### Instruction:
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of a Civil Surgeon-cum-CMO, Giridih, Giridih. It appears from the records that the suspension Order could n... |
SWETHA ENGINEERING LTD Vs. COMMISSIONER OF CENTRAL EXCISE, CHENNAI | 1. Appellant/Assesee herein is the manufacturer of machinery and parts for marketing pulp and paper, steel fabricated structures. 2. On a scrutiny of the sales for the year 1997-98, it was noticed that the said company had dispatched steel fabricated, structures for mounting the boilers and their accessories to M/s. Gu... | 1[ds]7. The Department itself has come out with the clarification that those structural components which are to be used as parts of Boiler System would be classifiable as parts of Boiler only under Heading 8402 of the Tariff. This clarification, thus, vindicates the stand which was taken by the assessee throughout by r... | 1 | 636 | 80 | ### Instruction:
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1. Appellant/Assesee herein is the manufacturer of machinery and parts for marketing pulp and paper, steel f... |
Mangan Lal Deoshi Vs. Mohammad Moinul Haoque & Others | into their possession.5. Now, sub-section (1) of section 17 of the Registration Act, enumerates five categories of documents of which registration is made compulsory which include "(d) leases of immoveable property from year to year, or for any term exceeding one year, or reserving a yearly rent;". Sub-section (2) howe... | 0[ds]We are unable to share this view. It oversimplifies the compromise transaction which, in our opinion, involves much more than a mere alteration of the royalties stipulated for in the previous pattas executed by Kumar. Nor can we accept the suggestion ofMr. Chatterjee for the respondents that the compromise operate... | 0 | 2,626 | 424 | ### Instruction:
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into their possession.5. Now, sub-section (1) of section 17 of the Registration Act, enumerates five categories of documen... |
Commissioner of Income Tax Vs. Jyotikana Chowdhurani & Others | that no sum was contributed towards cultivation."13. Even though Sarjoo Prosad, C. J., and Ram Labhaya, J., proceeded on the basis that these facts were proved. Deka, J., struck a dissenting note and observed that there was no evidence as to the claim made by the respondents and that the statements made on affidavit co... | 1[ds]17. The connotation of the terms "agriculture" and "agricultural purpose " and the conditions under which the forestry operations performed by the assessee on forests of spontaneous growth can be assimilated to agricultural operations so as to constitute the income derived from the sale of the forest trees agricul... | 1 | 3,003 | 663 | ### Instruction:
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that no sum was contributed towards cultivation."13. Even though Sarjoo Prosad, C. J., and Ram La... |
I.C.I. Private Ltd Vs. The Commissioner of Income Tax, West Bengal | on the facts and in the circumstances of the case and on a proper construction of the documents referred to and/or considered by it the Tribunal was right in arriving at the finding that the transfer of the shares to Imperial Chemical Industries Ltd., London at the issue price or par was throughout the basis of the adv... | 1[ds]7. As regards the first requirement, that was admittedly satisfied in the present case. The second requirement could be satisfied only if there was any cogent material on which the Income tax Officer could have reason to believe that the transfers were effected with the object of avoidance or reduction of liabilit... | 1 | 4,463 | 987 | ### Instruction:
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on the facts and in the circumstances of the case and on a proper construction of the documents referre... |
Maulavi Hussein Haji Abraham Umarji Vs. State Of Gujarat | a provision the Court only interprets the law and cannot legislate it. If a provision of law is misused and subjected to the abuse of process of law, it is for the legislature to amend, modify or repeal it, if deemed necessary. (See Commissioner of Sales Tax, M.P. vs. Popular Trading Company, Ujjain (2000(5) SCC 515). ... | 0[ds]17. It is well settled principle in law that the Court cannot read anything into a statutory provision which is plain and unambiguous. A statute is an edict of the Legislature. The language employed in a statute is the determinative factor of legislative intent21. While interpreting a provision the Court only inte... | 0 | 3,974 | 837 | ### Instruction:
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a provision the Court only interprets the law and cannot legislate it. If a provision of law is misused and subjected to t... |
Purshottam Das Gupta Vs. The Union of India and Others | duty, drawback to be recovered from any person or any interest or penalty payable by any person under the Act and has not been paid. The word defaulter has also been defined to mean any person from whom government dues are recoverable under the Act. Rule 3 deals with the issuance of recovery certificate; whereas, Rule ... | 1[ds]22. We do not think that any assistance can be derived by Mr. Jetly from this Judgment or from the general principle that it is possible to pierce the veil of a corporate entity and find out whether it is a glorified partnership. In the present case, according to Mr. Jetly, the piercing of veil has been done and t... | 1 | 5,024 | 373 | ### Instruction:
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duty, drawback to be recovered from any person or any interest or penalty payable by any person under the Ac... |
Parsram And Anr Vs. Shivchand And Ors | old State of Punjab. This shows that even when the subject of specification of Scheduled Castes engaged the attention of the President in 1966 he did not take the view that mochis should be classed together with chamars in so far as the State of Haryana, Punjab and the Union territory of Chandigarh were concerned. It i... | 0[ds]After the reorganisation of territories and creation of new States by the said Act the Scheduled Castes Order was amended providing for the specification of Scheduled Castes for the new States and territories. The Constitution (Scheduled Castes) (Union Territories) Order of 1951 was also amended in 1966. As a resu... | 0 | 2,482 | 321 | ### Instruction:
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old State of Punjab. This shows that even when the subject of specification of Scheduled Castes engaged the attention of the... |
Padmaraja & Another Vs. Dhanavathi & Others | decree is not an award within the meaning of Section 36(6). In arriving at that conclusion, it relied on the decision of that Court in Parameshwari Hengsu and Others v. Venkappa Shetty and Others (1961 Mys LJ 686.). Parameshwari Hengsus case (supra) first came up for hearing before a Division Bench consisting of Sadasi... | 0[ds]12. Evidently the legislature wanted to deem certain deeds under which perpetual arrangement had been made in the past for the maintenance of all the kavarus of a kutumba as partitions. The requirements of Sections 36(6) have been laid down by this Court as seen earlier in Gummanna Shettys case (supra). Therefore ... | 0 | 3,654 | 3,130 | ### Instruction:
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decree is not an award within the meaning of Section 36(6). In arriving at that conclusion, it relied on t... |
Jibon Chandra Sarma Doloi Vs. Anandi Ram Kalita & Others | fully carried out by General Jenkins. Instead of treating all lakhiraj lands as being on the same footing and liable to assessment the General drew a broad distinction between debotter lands which were appropriated to temples and lands known as brahmottar or dharmottar, that is to say lands devoted to some religious pu... | 0[ds]7. It appears that prior to the conquest of Assam under the previous regime the predecessors in interest of the then owners of Nisf-khiraj estates held their lands revenue-free and called themselves lakhirajdars.It appears that the instructions issued by the Government were not fully carried out by General Jenkins... | 0 | 2,733 | 685 | ### Instruction:
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fully carried out by General Jenkins. Instead of treating all lakhiraj lands as being on the same footing ... |
Bhubaneshwar Singh Vs. Union Of India | declared by a court to be illegally collected under an ineffective or an invalid law, the cause for ineffectiveness or invalidity must be removed before validation can be said to take place effectively. The most important condition, of course, is that the legislature must possess the power to impose the tax, for, if it... | 0[ds]on (2) has been introduced in Section 10 of the Nationalisation Act with retrospective effect, it shall be deemed to have been there sincethe day the Coking Coal Mines (Nationalisation) Act, 1972 came into force. The saidprovides and declares that the amount specified in the fifth column of the First Schedule agai... | 0 | 3,958 | 1,206 | ### Instruction:
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declared by a court to be illegally collected under an ineffective or an invalid law, the cause for ineffe... |
Dakshin Haryana Bijli Vitran Nigam Ltd Vs. M/S. Paramount Polymers Pvt.Ltd | in that process in respect of recovery of dues in respect of a premises to which supply had been made, a condition is inserted for its recovery from a transferee of the undertaking, it cannot ex facie be said to be unauthorized or unreasonable. Of course, still a court may be able to strike it down as being violative o... | 1[ds]On a scrutiny of the decisions of the High Court of Bombay giving rise to those appeals, we find that the primary question in those appeals would be the correctness of the view of the High Court that the Electricity Board had no power to impose a condition that the purchaser of an undertaking will have the obligat... | 1 | 5,431 | 1,080 | ### Instruction:
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in that process in respect of recovery of dues in respect of a premises to which supply had been made, a condition is ins... |
M/S Bakemans Industries Pvt.Ltd Vs. M/S New Cawnpore Flour Mills | Gas and Petrochemical Co. v. Multinational Gas & Petrochemical Services Ltd. [1983 Ch. 258] directors owe fiduciary duties to the company though not to the creditors, present or future, or individual shareholders. Winkworth v. Edward Baron Development Co. Ltd. [(1987) 1 All ER 114], a House of Lords decision, might sug... | 1[ds]But, in this case, the sale in favour of Ceylon Biscuits Pvt. Ltd. having not taken place in terms of Section 29 of the 1951 Act, the said question cannot have any application whatsoever. It is, however, a case where the learned Company Judge was not authorized to exercise its power under Section 29 of the 1951 Ac... | 1 | 12,484 | 2,363 | ### Instruction:
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Gas and Petrochemical Co. v. Multinational Gas & Petrochemical Services Ltd. [1983 Ch. 258] direc... |
Sunder Dass Vs. Ram Prakash | 1st Septem- ber, 1956 was lawful and since the tenancy of the respond- ent was validly terminated by the appellant by giving notice to quit, the appellant was entitled to a decree for eviction against the respondent. But, as pointed out above, section 3 was amended with retrospective effect by the introduction of the p... | 0[ds]It is, therefore, obvious that in the present case, it was competent to the executing court to examine whether the decree for eviction was a nullity on the ground that the civil court had no inherent jurisdiction to entertain the suit in which the decree for eviction was passed. If the decree for eviction was a nu... | 0 | 3,661 | 1,388 | ### Instruction:
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1st Septem- ber, 1956 was lawful and since the tenancy of the respond- ent was validly terminated by the ap... |
K.C. Ashok Vs. Kerala Public Service Commission | is made out and accordingly the submission of learned counsel is devoid of any substance. 15. Learned counsel for the appellants, next submitted that as in these appeals one advertisement was issued for making selection in 14 districts and though the candidates had applied in more than one district but they could appea... | 0[ds]16. Learned counsel for the appellants further submitted that out of 1270 candidates 436 persons including appellants in these appeals applied for more than one district as they were misled by the short notification dated 11.4.1996 and were not aware of the penal provisions contained in Note-(2) of gazette notific... | 0 | 5,278 | 624 | ### Instruction:
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is made out and accordingly the submission of learned counsel is devoid of any substance. 15. Learned... |
BALKRISHNA RAM Vs. UNION OF INDIA | 882 ). The rule of alternative remedy is a rule of discretion and not a rule of jurisdiction. Merely because the Court may not exercise its discretion, is not a ground to hold that it has no jurisdiction. There may be cases where the High Court would be justified in exercising its writ jurisdiction because of some glar... | 0[ds]10. We are not at all in agreement with this submission. Section 14(1) of the Act quoted hereinabove clearly provides that the AFT will exercise powers of all courts except the Supreme Court or High Court exercising jurisdiction under Article 226 and 227 of the Constitution of India. Section 34 is very carefully w... | 0 | 4,793 | 2,466 | ### Instruction:
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882 ). The rule of alternative remedy is a rule of discretion and not a rule of jurisdiction. Merely be... |
Ghunnu and Others Vs. State of Uttar Pradesh | bone. Injury 24 is incised would spindle shaped 6 inches x 3/4 inch semilunar in shape at the level just below lateral malleolus of right leg. The third injury was on the top of the right little finger of the right foot. At 4 p.m., the doctor examined Devi Prasad, PW 1 and found on him four injuries. All the injuries w... | 1[ds]On a careful consideration of the injuries found on the prosecution party as well as the accused, and the nature of the gunshot injuries, we find it impossible to reject the case of the defence that the attack by them followed the firing of the pistol. While what happened cannot be determined with certainty, we fe... | 1 | 3,953 | 171 | ### 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.
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bone. Injury 24 is incised would spindle shaped 6 inches x 3/4 inch semilunar in shape at the lev... |
Controller of Court of Ward, Kolhapur & Another Vs. G.N. Ghorpade & Others | was pointed out on behalf of respondent 1 that the said applications did not end with the cancellation of the said notification since the question of possession of the said survey numbers still remained for decision. 10. On the reopening of the Court, the said applications appeared on board for hearing and continued to... | 0[ds]11. Mr. V. S. Desai, appearing for the appellants argued that the High Court erred in rejecting the appellants application for filing theirt and thus enable them to challenge the correctness of the statements made by respondent 1 in his two special civil applications. He also argued that the appellants were not to... | 0 | 2,212 | 625 | ### Instruction:
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was pointed out on behalf of respondent 1 that the said applications did not end with the cancellation of th... |
Daruka & Co Vs. Union Of India & Ors | behalf and compliance with other terms laid down in that policy and in particular opening irrevocable letter of credit by a foreign buyer in a Bank in India for 100% of the invoice value of the goods. Shipment of fabricated mica under that policy continued to remain free from the above stipulation regarding opening of ... | 0[ds]16. Policies of imports or exports are fashioned not only with reference to internal or international trade but also on monetary policy, the development of agriculture and industries and even on the political policies of the country but rival theories and views may be held on such policies.If the Government decide... | 0 | 5,421 | 1,507 | ### Instruction:
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behalf and compliance with other terms laid down in that policy and in particular opening irrevoc... |
State of Punjab Vs. Satpal & Another | 20 or more workmen. This ground was not accepted by the High Court. Hence these appeals.5. The Employees Provident Funds Act, 1952 was passed to provide for institution of provident funds for employees in factories and other establishments. It provided for the establishment of a fund in the hands of a Board of Trustees... | 1[ds]We do not think that this makes any difference. In fact, the business had already changed in the hands of the partnership long before the establishment changed its premises. The business of the partnership was running anfor the manufacture of iron articles and the factory continued even though the manufacturing pr... | 1 | 1,748 | 467 | ### Instruction:
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20 or more workmen. This ground was not accepted by the High Court. Hence these appeals.5. The Employees Provident Funds Act... |
Jawahar Singh Vs. Bala Jain | he received a telephonic message indicating that his nephew, Jatin, had met with an accident. In his deposition, he stated that the key of the motorcycle was on the dining table of his house and without his knowledge and consent, Jatin took the keys of the motorcycle and was, thereafter, involved in the accident. It wa... | 0[ds]10. Having heard learned counsel for the respective parties, we are inclined to agree with the Respondents that this is not a case for interference in view of the fact that admittedly the motorcycle belonging to the Petitioner was being driven by Jatin, who had no licence to drive the same and was, in fact, a mino... | 0 | 1,989 | 389 | ### Instruction:
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he received a telephonic message indicating that his nephew, Jatin, had met with an accident. In his deposition, ... |
Sabha Shanker Dube Vs. Divisional Forest Officer & Ors | pay scales to the daily wagers. A direction was given by this Court to the Principal Chief Conservator of Forests and the Principal Secretary to the Department of Forests, State of Uttar Pradesh to file separate affidavits in the High Court regarding the implementation of the directions. Mr. S.R. Singh, learned Senior ... | 1[ds]7. It is necessary for us to refer to the judgment of the Division Bench of the High Court of Allahabad in Special Appeal No.1530 of 2007 as all the impugned Special Appeals were dismissed by following the said judgment. The directions issued by the learned Single Judge to reconsider the Writ Petitioners for regul... | 1 | 2,021 | 386 | ### Instruction:
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pay scales to the daily wagers. A direction was given by this Court to the Principal Chief Conservator of Forests and the ... |
M/S. Purohit And Company Vs. Khatoonbee And Anr | her legal right so as to obtain a writ of or in the nature of mandamus directing the appellant herein to reinstate her in service. She was advised to withdraw the writ petition presumably because she would not have obtained any relief in the said proceeding. Even the High Court could have dismissed the writ petition on... | 1[ds]13. We are satisfied, that the submission advanced at the hands of the learned counsel for the appellant merits acceptance. The judgments on which the High Court had relied, and on which the respondents have emphasised, in our considered view, are not an impediment, to the acceptance of the submission canvassed on... | 1 | 5,664 | 460 | ### Instruction:
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her legal right so as to obtain a writ of or in the nature of mandamus directing the appellant herein to reinstat... |
Amrit Lal Berry Vs. Collector Of Central Excise, New Delhi & Ors | of salary as a result of an alleged wrong preparation of a seniority list in 1961. The memorandum or 1972 attempts to satisfy the grievance of the petitioners to the extent that it is reasonably possible, consistently with the equitable rights of others, that the principle of length of service laid down in the 1949 mem... | 0[ds]7. It is true that assertions in each of the two petitions are of a very general character the petitions seem to rest on the assumption that all that need be asserted is the violation of some rule contained in an office memorandum which governed the rights of the petitioners in the past. There is no doubt that the... | 0 | 9,614 | 2,653 | ### Instruction:
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of salary as a result of an alleged wrong preparation of a seniority list in 1961. The memorandum or 1972 attempts to sati... |
Murlidhar Agarwal & Another Vs. State of Uttar Pradesh & Others | that respondent No. 2 was in lawful occupation and that, in these circumstances, he was entitled to the benefit of the proviso to Section 7-A (1) of the Act and was not liable to be evicted from the premises.3. It was to quash this order that the appellants filed the writ petition before the High Court.4. A learned Sin... | 1[ds]8. The fact that an order for release was passed by the Additional District Magistrate on the basis that the premises were bona fide required by the appellants for their personal occupation did not preclude him, when he was moved by the appellants to evict respondent No. 2 from exercising his discretion under the ... | 1 | 1,663 | 1,444 | ### Instruction:
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that respondent No. 2 was in lawful occupation and that, in these circumstances, he was entitled to the... |
Ganga Devi Vs. Ram Saran & Another | Hegde, J.1. These are appeals by special leave. The appellant Ganga Devi is the defendant in both these appeals. The suit was for partition. The genealogy of the family is as under :Lalta Prasad son of Bal Gobind and Rajinder Bahadur son of Ram Bharose were the co-owners of the suit property. On the death of Lalta Pras... | 0[ds]y question that arises for our decision at present is whether the aforementioned Section 209 as well as Section 210 of the Act are applicable to the facts of the present cases.If they are applicable the suits are admittedly barred by limitation. The marginal note to Section 209 speaks of ejectment of persons occup... | 0 | 971 | 278 | ### Instruction:
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Hegde, J.1. These are appeals by special leave. The appellant Ganga Devi is the defendant in both these... |
M/S Guzdar Kajora Coal-Mines Ltd. Calcutta Vs. The Commissioner Of Income Tax, Calcutta | referred. On the case as put before the Appellate Tribunal and the High Court and the question referred with regard to the two assessment years in question we are unable to see any error or infirmity that would justify interference by us in these appeals.10. It has been strenuously urged on behalf of the assessee that ... | 0[ds]9. Learned counsel for the assessee has assailed the decision of the High Court on a number of grounds. It has been urged inter alia that the High Court had not kept in view the general and well established principle that the statement with regard to valuation contained in a formal document should be prima facie a... | 0 | 2,882 | 1,115 | ### Instruction:
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referred. On the case as put before the Appellate Tribunal and the High Court and the question referred with regard to th... |
Dwarka Prasad Vs. Dwarka Das Saraf | from the land and building, to the machinery and equipments etc., and whether there was any provision in the deed relating to them, he confessed that there was no specific provision in the deed. Obviously they cannot be governed by Madras Act XV of 1946 and so he said they must be governed by the general law of contrac... | 1[ds]8. Looking at the three problems posed, unaided by the many decisions cited by counsel, we are inclined to the view that a lease of an accommodation must essentially be of a buildingnot a business or industry together with the building which it is situated. Of course, a building which is ordinarily let, be it for ... | 1 | 6,658 | 1,522 | ### 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:
from the land and building, to the machinery and equipments etc., and whether there was any provision in the deed relating ... |
General Officer Commanding-In-Chief and Another Vs. Dr Subhash Chandra Yadav and Another | on behalf of the appellants that in view of sub-section (2) of Section 281, Rule 5-C became a part of the statute and, accordingly, the question of its being contrary to the provisions of the Cantonments Act does not at all arise. 14. This contention is unsound. It is well settled that rules framed under the provisions... | 0[ds]But, in our opinion, even in spite of substituted clause (c), the Central Government will not be entitled to frame rules for transfer of an employee from one Cantonment Board to another within the State for the reasons stated already, namely, (1) the Cantonment Boards are autonomous bodies; (2) the service under t... | 0 | 2,563 | 331 | ### 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:
on behalf of the appellants that in view of sub-section (2) of Section 281, Rule 5-C became a part of the sta... |
Mohd. Munna & Others Vs. State of W.B | the detention order was confirmed by the State Government on 4-8-71.W.P. No. 284 of 1971.3. The order of detention in this case was made on 2-4-71, on which date the State Government was also informed. The detenu was arrested on 8-4-71, on which date the orders of detention and the grounds therefor were also served on ... | 1[ds]12. It will be seen from the facts stated above that in all those Writ Petitions the mandatory provisions of the Act with regard to detention have been duly observed except that confirmation and continuation of the detention order under Section 12 has not been made within 3 months from the date of detention. | 1 | 1,421 | 60 | ### 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:
the detention order was confirmed by the State Government on 4-8-71.W.P. No. 284 of 1971.3. The order of det... |
Ibp Company Limited and Another Vs. Bal Kishan Mittal | such scheme subsequently, the supply of kerosene to him could not have been discontinued on the basis of policy decision of the Government. In that view of the matter, the learned District Judge allowed the appeal and set aside the judgment and decree of the learned trial Judge and passed the aforesaid permanent injunc... | 1[ds]9. After considering the respective contentions of learned counsel for the parties and the facts and circumstances of the case, we are fully satisfied that the plaintiff/respondent was appointed as a selling agent of kerosene/LDO under the MPDC Scheme. It is not correct to contend that he was appointed as a sellin... | 1 | 2,234 | 382 | ### 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:
such scheme subsequently, the supply of kerosene to him could not have been discontinued on the basis of policy decision of ... |
Union of India Vs. Bharat Fritz Werner Limited & Another | 1. Feeling aggrieved and dissatisfied with some of the observations made by the High Court of Delhi at New Delhi in the last paragraph of its order dated 19.01.2021, while disposing of Writ Petition No. 5700/2020, the Union of India has preferred the present appeals. 2. That respondent no.1 herein filed the writ petiti... | 1[ds]3. Having heard Shri Balbir Singh, learned Additional Solicitor General of India, appearing on behalf of the Union of India and Shri Gaurav Juneja, learned counsel appearing on behalf of respondent no.1 herein and having gone through the observations made by the High Court in the last paragraph of its order, made ... | 1 | 671 | 250 | ### 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:
1. Feeling aggrieved and dissatisfied with some of the observations made by the High Court of Delhi at New De... |
Man Singh Vs. State of Haryana | Grover, J. 1. This is an appeal by Special Leave from a Judgment of the Punjab and Haryana High Court. 2. The appellant was convicted by the High Court for an offence under Section 5 (1) (d) read with Section 5 (2) of the Prevention of Corruption Act and sentenced to one years rigorous imprisonment and a fine of Rs. 10... | 0[ds]5. Now the crucial question in this case is whether the appellant was wearing the shirt from which the currency notes, which were marked, were recovered.6. We have been taken through the judgments of the Special Judge and also of the High Court and we have looked at the material portion of the evidence as well. We... | 0 | 1,049 | 413 | ### 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:
Grover, J. 1. This is an appeal by Special Leave from a Judgment of the Punjab and Haryana High Court. 2. ... |
Parbodh Sagar Vs. Punjab State Electricity Board & Ors | rating. Accordingly, Shri Prabodh Sagar is not found fit for promotion to the selection post of Chief Accounts Officer (Revenue)FA CAO."(h) The petitioner thereafter moved writ petition (No. 8638 of 1995) but since the same are pending, we do not wish to record any observations pertaining thereto and the issues therein... | 0[ds]9. In the wake of the aforesaid, question of acting beyond the jurisdiction or without jurisdiction in so far as the issuance of the order by Shri T.S. Gujral does not and cannot arise. Paragraph 6 of the allocation amply authorises Shri Gujral to exercise his powers thereunder and to pass appropriate orders in re... | 0 | 4,425 | 739 | ### 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:
rating. Accordingly, Shri Prabodh Sagar is not found fit for promotion to the selection post of C... |
Shri M. P. Singh, Dy. Transport Commissioner,M.P., Gwalior Vs. Anand Transport Co.(P) Ltd. Etc | appears the authorities did take certain proceedings under Section 7 of the Act and in some cases accounts of the respondents were checked and their liability determined. When demand notices were sent and recoveries sought to be made the writ petitions were filed. The High Court did not go in these matters fully and tr... | 0[ds]5. We are unable to accede to the contention which prevailed with the High Court that even where returns had been submitted but the tax has not been paid the Tax Officer is bound to make an order before serving a notice of demand even though the demand is strictly in accordance with the returns which have been sub... | 0 | 1,256 | 290 | ### 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:
appears the authorities did take certain proceedings under Section 7 of the Act and in some cases accounts of the responden... |
BENGAL CHEMICALS AND PHARMACEUTICALS LTD Vs. AJIT NAIN | Being aggrieved, respondent No.1 challenged the notice dated 23.05.2018 and filed a second writ petition being WP No.7934(W) of 2018 before the High Court of Calcutta. The Single Judge of the High Court vide order dated 19.06.2018 dismissed the writ petition by extending the time to file the show cause to the notices.1... | 1[ds]15. In the nature of the order which we propose to pass, we are not inclined to go into the merits of the rival contentions of the parties. Admittedly, the lease has come to an end on 31.05.2014 by efflux of time. According to respondent No.1, the meeting was held on 20.05.2014 in the office of appellant No.1 and ... | 1 | 1,764 | 395 | ### 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:
Being aggrieved, respondent No.1 challenged the notice dated 23.05.2018 and filed a second writ petition bei... |
Commissioner Of Income-Tax, Calcutta Vs. Bidhu Bhushan Sarkar (Dead) Through His Legal Representati | notice under S. 22 (2), issued a notice under S. 23 (2), and again, after obtaining the permission of the Commissioner to issue a notice under S. 34, he issued a notice under S. 23 (2), and failed to issue any notice under S. 34. Thereafter, the Income-tax Officer made the following order:"Return has been filed under S... | 1[ds]5. It appears in this case that at one stage there was a contest between the parties as to whether the notice dated 23rd February, 1950 was validly issued under S. 34 or not. Even before the High Court it seems that some attempt was made on behalf of the assessee to raise the question that the notice dated 23rd Fe... | 1 | 4,250 | 2,059 | ### 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:
notice under S. 22 (2), issued a notice under S. 23 (2), and again, after obtaining the permission of t... |
Siemens Engineering & Manufacturing Co. Of India Limited Vs. Union Of India & Anr | that machinery which is defined in item Nos. 72, 72(1) and 72(2) and which is not otherwise specified. The words not otherwise specified do not qualify "component parts" : they qualify machinery. Otherwise, the conjunction and would have no meaning. In fact, the sentence would become ungrammatical if the words "not oth... | 1[ds]6. Before we part with this appeal, we must express out regret at the manner in which the Assistant Collector, the Collector and the Government of India disposed of the proceedings before them. It is incontrovertible that the proceedings before the Assistant Collector arising from the notices demanding differentia... | 1 | 3,597 | 906 | ### 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:
that machinery which is defined in item Nos. 72, 72(1) and 72(2) and which is not otherwise specified. The w... |
Rentala Latchaiah & Ors Vs. Chimmapudi Subrahmanyam | by the Collector and that they had held possession for many years but not for a period sufficient to create a right of occupancy. Accordingly they were within the class termed in the Bengal Tenancy Act as non-occupancy ryots. Under S. 5 (2) of the Bengal Tenancy Act a ryot means primarily "a person who has acquired a r... | 0[ds]4. The appellants before this Court never were the tenants of Ramalingayya. They were inducted on the land by his widow after the decree of the suit for declaration of title and possession in favour of the adopted son. After the passing of the decree, the possession of the widow could only be that of a trespasser ... | 0 | 3,476 | 715 | ### 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:
by the Collector and that they had held possession for many years but not for a period sufficient to creat... |
State of Himachal Pradesh & Another Vs. Pawan Kumar & Another | evidence obtained as a result of illegal search or seizure is not liable to be shut out." 21. In the United States the law regarding illegally obtained evidence has been stated as under in 29 American Jurisprudence 2d (para 408): "408. Generally In criminal prosecutions, in particular, evidence is frequently obtained b... | 1[ds]13. The above quoted dictum of the Constitution Bench shows that the provisions of Section 50 will come into play only in the case of personal search of the accused and not of some baggage like a bag, article or container, etc. which he may be carrying.It will be useful here to take note of the general law regardi... | 1 | 7,733 | 398 | ### 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:
evidence obtained as a result of illegal search or seizure is not liable to be shut out." 21. In the United S... |
Commissioner of Income Tax Vs. K.T.M.T.M. Abdul Kayoom & Another | capital as the money sunk in machinery or buildings. The first part of the observation is applicable to Mohanlal Hargovinds case 1949-17 ITR 473 : (AIR 1949 PC 311 ) and the latter part, to Pingle Industries case 1960-3 SCR 681 : (AIR 1960 SC 1034 .) What is said of a manufacturing concern is equally applicable to a no... | 1[ds]Under the contract in question the respondent firm did not acquire any right to immovable property. It acquired no right in the bed of the sea or in the sea. The only right conferred on the respondent firm was the right to fish for, gather and carry away conch shells ((in motion under the surface of the sea) of a ... | 1 | 9,443 | 958 | ### 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:
capital as the money sunk in machinery or buildings. The first part of the observation is applicable to Mohanlal Hargovind... |
Vipulbhai Mansingbhai Chaudhary Vs. State Of Gujarat | office bearer in the cooperative movement but to see that you may not participate in such activity and the damage is not caused to the cooperative establishment because of your such activity, it is necessary to keep you away from assuming the office in any cooperative establishment by participating in the election maxi... | 0[ds]In our opinion, LPA No.1302/2015 ought to have been dismissed on the simple ground that the said appeal had become infructuous. Because admittedly the tenure of Chaudhary as Chairman of the Society expired on 01.05.2014. Therefore, SLP (Civil) No.33630/2015 was a futile exercise. We only wonder as to how leave cam... | 0 | 11,097 | 1,486 | ### 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:
office bearer in the cooperative movement but to see that you may not participate in such activity and ... |
Hindustan Lever Employees Union & Another Vs. Hindustan Unilever Limited & Another | correctly placed reliance on the observation that pleadings and particulars are necessary to enable the Court to decide the rights of the parties.40. In the instant case the ad-interim application was merely relying upon averments in the interim application. In the interim application specific direction has been given ... | 0[ds]21. In Hotel Imperial (Supra) the Supreme Court while considering the dispute between three hotels and their workmen about conditions of labour, had occasion to consider the scope of powers of the Industrial Tribunal and in particular an interim or final determination of an industrial dispute and observed that the... | 0 | 8,080 | 4,208 | ### 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:
correctly placed reliance on the observation that pleadings and particulars are necessary to enable the Court... |
Bank of Maharashtra Vs. Automotive Engineering Company | for further scrutiny as to its genuineness, the bank should be held liable for negligence and the protection under section 10 and section 89 of the Negotiable Instruments Act is not available to the bank. He has, therefore, contended that the appeal should be allowed by this court and the judgment and decree of the Hig... | 1[ds]In the instant case, the trial court has come to the finding that even on a closer scrutiny without the aid of the ultraviolet ray lamp, some infirmity could have been noticed particularly with reference to the number of the month. The amount under the cheque was quite heavy and in such circumstances the banker wa... | 1 | 3,929 | 909 | ### 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:
for further scrutiny as to its genuineness, the bank should be held liable for negligence and the protection under section... |
Kanpur Suraksha Karamchari Union (Regd.) Vs. Union of India & Others | in such canteens. It further provides that a canteen managing committee should be established under clause (20) of rule 68 of the Rules. The Managing Committee shall consist of an equal number of persons nominated by the occupier and elected by workers. The number of elected workers shall be in the proportion of 1 for ... | 1[ds]5. Rule 68 of the U.P. Factories Rules, 1950 (hereinafter referred to as `the Rules) framed under sections 46 and 112 of the Act gives particulars regarding the type of building that should be made available for running a canteen and the manner in which accounts should be maintained in such canteens. It further pr... | 1 | 2,813 | 1,149 | ### 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:
in such canteens. It further provides that a canteen managing committee should be established under clause... |
The Associated Industries (P) Ltd Vs. The Regional Provident Fundcommissioner, Kerala Trivandrum | found to fall under S. 1 (3) (a).9. On the other hand, the case of the Oudh Sugar Mills stood on a different basis. The primary activity of the mills was the manufacture of hydrogenated vegetable oil named Vanasada and its by-products, such as soap, oil-cakes, etc. It appeared that a department of the Mills manufacture... | 0[ds]6. Having dealt with this aspect of the matter, this Court proceeded to consider the question as to whether numerical requirement of the employment of 50 persons, as the section then stood, applied to the factory or to the industry, and it held that the said test applied not to the industry but to the factory. Thu... | 0 | 3,098 | 1,405 | ### 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:
found to fall under S. 1 (3) (a).9. On the other hand, the case of the Oudh Sugar Mills stood on a different... |
ASSISTANT COMMISSIONER (ST) & ORS Vs. M/S SATYAM SHIVAM PAPERS PVT. LIMITED & ANR | of the High Court, had been of imposing only nominal costs of Rs. 10,000/- (Rupees Ten Thousand) on the respondent No. 2 of the writ petition, who is petitioner No.2 before us. 2. The consideration of the High court in the order impugned and the material placed on record leaves nothing to doubt that the attempted infer... | 0[ds]1. Having heard learned counsel for the petitioners and having perused the material placed on record, we find no reason to consider interference in the well-considered and well-reasoned order dated 2nd June, 2021, as passed by the the High Court for the State of Telangana at Hyderabad in Writ Petition No. 9688 of ... | 0 | 1,179 | 421 | ### 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:
of the High Court, had been of imposing only nominal costs of Rs. 10,000/- (Rupees Ten Thousand) on the... |
Eastern Coalfields Ltd Vs. M/S Tetulia Coke Plant(P)Ltd | orders of this Court, the leading case being Ashoka Smokeless Coal India (P) Ltd. (supra) which was taken up for consideration along with connected matters and the same were disposed of by this Court and the said decision is now reported in (2007) 2 SCC 640. By the aforesaid judgment, this Court has upheld the challeng... | 0[ds]There is no dispute with regard to the fact that the legality of the scheme of e-auction was challenged by filing writ petitions in various High Courts by the traders and companies dealing with coal. Some of those petitions were transferred to this Court pursuant to orders of this Court, the leading case being Ash... | 0 | 1,962 | 959 | ### 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:
orders of this Court, the leading case being Ashoka Smokeless Coal India (P) Ltd. (supra) which was taken u... |
Y.S.Jagan Mohan Reddy Vs. C.B.I | falsely created in Chennai as well as in certain foreign countries.(b) It is also pointed out by the CBI that notice has also been issued to one Maiank Mehta, who is suspected to be the person who handled the routing of money of Y.S. Jagan Mohan Reddy (A-1) and notice has been issued for his presence in India for exami... | 0[ds]14) On going into all the details furnished by the CBI in the form of Status Report and the counter affidavit dated 06.05.2013 sworn by the Deputy Inspector General of Police and Chief Investigating Officer, Hyderabad, without expressing any opinion on the merits, we feel that at this stage, the release of the app... | 0 | 4,127 | 294 | ### 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:
falsely created in Chennai as well as in certain foreign countries.(b) It is also pointed out by the CBI that... |
H.H. Prince Azam Jha Bahadur through L.Rs Vs. Expenditure Tax Officer | the expenditure for the assessment year in question. The assessee was required to file a return in form A of expenditure for the assessment years in question. From the judgment of the learned Single Judge it appears that in a subsequent letter, the Expenditure Tax officer referred to return of expenditure filed in resp... | 0[ds]6. We are unable to concur in the view of the Madras and Madhya Pradesh High Courts that the word dependent in S.2 (g) (i) should be given a meaning which, owing to the clear and plain language employed therein cannot possibly be given. Section 2 (g) (i) has to be read in two parts. The first part which ends with ... | 0 | 5,448 | 2,558 | ### 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 expenditure for the assessment year in question. The assessee was required to file a return in form... |
Neelkanth Devansh Developers Private Limited Vs. Urban Infrastructure Venture Capital Limited | loan simpliciter which was given by the Respondents/original Petitioners to the Appellants and there was no other written material/agreement/contract to show that it was supposed to be part of the arrangement which was specifically averred by the Appellants in their affidavit-in-reply. It is well settled that if there ... | 0[ds]15. In our view, the contention of the Appellants that in view of the order of the Apex Court dated 25/08/2015 and the procedural order passed by the learned Single Arbitrator, ICD is a subject matter of arbitration is without any substance for the following reasons.In view of the said chronology of events in resp... | 0 | 5,979 | 1,253 | ### 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:
loan simpliciter which was given by the Respondents/original Petitioners to the Appellants and there was no other written ma... |
Chairman, Canara Bank, Bangalore Vs. Shri M.S.Jasra | may not contain provision for the continuance of the services of all the employees of the banking company in the transferee bank as is specified in clause (i). However, if the scheme does provide for this matter, then the continuance of the services of the employees of the banking company in the transferee bank as prov... | 0[ds]Clauses 10 and 12 of the scheme as quoted above merely incorporate the matter specified in clause (i) and the proviso thereunder with which we are concerned and so read and understood, there is no ambiguity or conflict in those clauses of the scheme either inter se or with clause (i) and the proviso thereunder in ... | 0 | 4,312 | 367 | ### 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:
may not contain provision for the continuance of the services of all the employees of the banking company in the transferee ... |
National Insurance Company Ltd Vs. Chamundeswari & Ors | occurred only due to the negligence of the driver of the Eicher van and the annual income of the deceased was Rs.12,29,949/-, has awarded a total compensation of Rs.1,85,08,832/-, including the compensation on conventional heads. Aggrieved by the judgment and order of the High Court, the Insurance Company filed this Ap... | 0[ds]8. It is clear from the evidence on record of PW–1 as well as PW–3 that the Eicher van which was going in front of the car, has taken a sudden right turn without giving any signal or indicator. The evidence of PW–1 & PW–3 is categorical and in absence of any rebuttal evidence by examining the driver of Eicher van,... | 0 | 1,510 | 637 | ### 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:
occurred only due to the negligence of the driver of the Eicher van and the annual income of the deceased was Rs.12,29,94... |
Municipal Corporation of Delhi Vs. Surender Singh & Ors | further consideration by securing details from the appellant. In that regard the position was clear that the private respondents regarding whom the directions had been issued had secured 88.75 per cent and 87 per cent out of 200 marks respectively and the other candidate, namely, Poonam Bala who had ultimately not pres... | 1[ds]From a perusal of the said Clause it is noticed that though under the very Clause there is no cut-off marks specified, Clause 25 would, however, provide the full discretion to the DSSSB to fix the minimum qualifying marks for selection. In the instant case, keeping in view that the recruitment was for the post of ... | 1 | 5,008 | 1,378 | ### 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:
further consideration by securing details from the appellant. In that regard the position was clear that the... |
M/S ENVITECH MARINE CONSULTANTS PRIVATE LIMITED AND OTHERS Vs. UNION OF INDIA & ANR | 1. The writ petition filed by the petitioners, seeking a No Objection Certificate from the Ministry of Defence of the Government of India, for the conversion of the warship INS Viraat from scrap to preserve having been disposed of by the High Court of Bombay, without commenting upon the merits of the claim of the petit... | 0[ds]13. Three factual aspects clinch the issue arising for our consideration. The first is that the second respondent was willing to subscribe to the sentiments of the petitioners, subject to certain conditions stipulated in the E-Mail dated 6.10.2020, but the petitioners could not comply with those conditions. The se... | 0 | 1,104 | 245 | ### 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:
1. The writ petition filed by the petitioners, seeking a No Objection Certificate from the Ministry o... |
HRD Corporation Vs. GAIL Limited | insurer A has been successful in the first arbitration, insurer B may in practice learn of this success and the identity of the arbitrators who have upheld insurer As arguments. It follows from Locabail and AMEC Capital Projects Ltd v. Whitefriars City Estates Ltd [2005] 1 All ER 723 that an objection to the appointmen... | 0[ds]Section 12(5) read with the Seventh Schedule makes it clear that if the arbitrator falls in any one of the categories specified in the Seventh Schedule, he becomes "ineligible" to act as arbitrator. Once he becomes ineligible, it is clear that, under Section 14(1)(a), he then becomes de jure unable to perform his ... | 0 | 11,925 | 1,699 | ### 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:
insurer A has been successful in the first arbitration, insurer B may in practice learn of this success and the identity of ... |
Swami Om JI & Another Vs. Union of India Thr. Cabinet Secretary & Others | the Chief Justice of the Delhi High Court on 24.05.2010. He was eventually elevated as a Judge of the Supreme Court of India on 10.10.2011. The necessity to record the aforesaid factual position emerges from the fact, that despite the long tenure of the concerned incumbent, the petitioners have no allegations against h... | 0[ds]9. During the course of hearing, we also enquired from the petitioners, whether they had any adverse reason against the person to be administered the oath of office as Chief Justice of India on 28.08.2017. We wanted to ascertain whether there was any reason which had compelled the petitioners to file this petition... | 0 | 2,136 | 788 | ### 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:
the Chief Justice of the Delhi High Court on 24.05.2010. He was eventually elevated as a Judge of the S... |
Parisons Agrotech (P) Ltd. Vs. Union Of India | the Customs Act, 1962. The Foreign Trade Policy of 2004-2009, the relevant provisions which have already been extracted herein before at Para 5 may also be considered. This approach, according to him, would be in consonance with the ratio of the judgment of this Court in Union of India v. Asian Food Industries ((2006) ... | 0[ds]Having regard to the importance of this crop not only for the economy of the State but also livelihood of about 35 lakhs farmers, the State Government has constituted Coconut Development Board (hereinafter referred to as the Board) which takes care of the interests of the farmers growing Coconut crop and also take... | 0 | 10,249 | 2,022 | ### 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 Customs Act, 1962. The Foreign Trade Policy of 2004-2009, the relevant provisions which have already bee... |
Konchada Ramamurthy Subudhi & Anr Vs. Gopinath Naik | a lease."If, however, exclusive possession to which a person is entitled under an agreement with a landlord is coupled with an interest in the property, the agreement would be construed not as a mere licence but as a lease. (See Associated Hotels of India Ltd. v. R. N. Kapur, 1960-1 SCR 368 at p. 384 = (AIR 1959 SC 126... | 1[ds]11. Coming to the terms of the compromise, it is true, as stressed by the learned counsel for the respondent that the word "rent" has been used, but the word "rent" is not conclusivefor as observed by this Court in State of Punjab v. British India Corporation Ltd., 1964-2 SCR 114 at p. 123 = (AIR 1963 SC 1459 ... | 1 | 2,081 | 798 | ### 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:
a lease."If, however, exclusive possession to which a person is entitled under an agreement with a landlord is coupled with... |
John Donald Mackenzie & Another Vs. The Chief Inspector of Factories, Bihar, Ranchi & Others | Bihar. The petitioner No. 2 is the Bata Shoe Co., Private Ltd. Calcutta. The Chief Inspector of Factories. Ranchi, called upon the occupier of the Bata Shoe Cos factory at Digha by letter deated September 6, 1956, to renew the factorys license for the year 1957 by making an appropriate application within 60 days of the... | 0[ds]Undoubtedly, the expression "occupier" is not to be equated with "owner. But it must be borne in mind that the ultimate control over a factory must necessarily be with an owner unless the owner has completely transferred that control to another person. Whether that was done in the present case would be a question ... | 0 | 1,158 | 337 | ### 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:
Bihar. The petitioner No. 2 is the Bata Shoe Co., Private Ltd. Calcutta. The Chief Inspector of Factori... |
Mukand Ltd Vs. Mukand Staff & Officers' Association | given by the appellant-Company before us ensuring that the total wage packets of the non-workmen to whom the award further modified as above will not be applicable, are not lower than the total wage packets available to the workmen under the said award. 96. The appellant-Management has a prima facie case on merits and ... | 1[ds]The Reference is limited to the dispute between the Appellant-Company and the workmen employed by them. 23. We have already referred to the order of Reference dated 17.2.1993 in paragraph supra. The dispute referred to by the order of Reference is only in respect of workmen employed by the appellant-Company. It is... | 1 | 17,419 | 3,196 | ### 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:
given by the appellant-Company before us ensuring that the total wage packets of the non-workmen to whom the award furthe... |
Delhi Cloth and General Mills Limited Vs. Shambhu Nath Mukherjee and Others | because of a Full Bench decision of the Delhi High Court but that does not satisfy the basic factual requirement for the objection that it was actually case of an individual dispute under S. 2A unespoused by the union, which was referred by the Administration under S. 10(1)(c) of the Act. 9. We have to state the above ... | 0[ds]6. It is clear from the above that no objection was taken by the management to the effect that the case of the workman had not been espoused by other workman or by any union.It is true that in the grounds taken in the High Court it was stated "that S.2A of the Industrial Disputes Act is ultra vires the powers of t... | 0 | 2,625 | 1,059 | ### 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:
because of a Full Bench decision of the Delhi High Court but that does not satisfy the basic factual requi... |
Union Of India Vs. The Lonavla Borough Municipality Of Lonavla, District Poon | this fresh notification as the liability of the Railway to pay that tax already existed under that notification of 1914.10. The second circumstance that we can take notice of is the historical background in which this notification of 26th July, 1917 was issued. It appears that, after the Rules for imposition of this co... | 0[ds]8. It is also significant to note that the Rules which were framed by the Municipality under the Act of 1901 and by the Municipal Borough later under the Act of 1925 which were promulgated on the 4th May, 1916 and the 6th October, 1931 respectively, described the tax as a general rate on buildings and lands in Rul... | 0 | 4,435 | 1,463 | ### 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:
this fresh notification as the liability of the Railway to pay that tax already existed under that notifica... |
Deepak Sibal & Ors Vs. Punjab University And Another | other kinds of reservations validly made and that the remaining 30 per cent of the open seats at the least should be made available for admission to students on all-India basis irrespective of the State or the university from the which they come. We would adopt the same principle in case of regionwise reservation or pr... | 1[ds]9. It is now well settled that Article 14 forbids class legislation, but does not forbid reasonable classification. Whether a classification is a permissible classification under Article 14 or not, two conditions must be satisfied, namely, (1) that the classification must be founded on an intelligible differentia ... | 1 | 7,375 | 3,082 | ### 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:
other kinds of reservations validly made and that the remaining 30 per cent of the open seats at the least ... |
Maulana Shamsuddin Vs. Khushi Lal and Others | Section 167 of the Bhopal Act of 1932 dealing With the restriction ill the rights of the Jagirdars and Muafidar to transfer such rights or create encumbrances on them. According to the said Section no Jagirdar or Muafidar could "transfer his rights as Jagirdar or muafidar, or, except for such period as he is in possess... | 0[ds]Prima facie the argument, as presented, for the appellant appeared to have substance and force but on a close scrutiny we had no difficulty in rejecting itIt would thus be seen that if pursuant to the grant made by His Highness the Ruler of Bhopal, Governments right to receive land revenue was assigned to the gran... | 0 | 3,305 | 2,331 | ### 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:
Section 167 of the Bhopal Act of 1932 dealing With the restriction ill the rights of the Jagirdars and Muafidar to transfer... |
M.C. Agarwal & Another Vs. State of Rajasthan & Others | their seniority should be determined in accordance with the ranking made by the Selection Committee and the order of this Court dated March 15, 1967 in Civil Appeal No. 93 of 1966. For this, in the alternative, they seek a declaration that the appointment of respondents 3 and 4 was illegal and void.2. On November 20, 1... | 1[ds]6. In spite of the affidavit of the Registrar from which we have quoted extracts, and the original file, the petitioners continued to make the same assertions and to cast doubts on the authenticity of the record and the endorsement. They even went to the length of suggesting that the endorsement was contradicted b... | 1 | 1,190 | 385 | ### 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:
their seniority should be determined in accordance with the ranking made by the Selection Committee and the ... |
JHARKHAND PUBLIC SERVICE COMMISSION Vs. MANOJ KUMAR GUPTA AND ANR | Jharkhand Public Service Commission (JPSC) issued an advertisement on 19.07.2006 inviting applications from candidates desirous of competing in the Jharkhand Eligibility Test (JET). This test is not meant for selection to any post but is conducted to determine the eligibility of the candidates for appointment as lectur... | 1[ds]6. A perusal of Clause 4.1 of the scheme clearly indicates that the moderation committee has been constituted only for the purpose of deciding the cut-off marks in each subject for declaring the result. The advertisement clearly indicates that only those candidates who obtained 50% marks in Paper I and II would be... | 1 | 1,104 | 376 | ### 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:
Jharkhand Public Service Commission (JPSC) issued an advertisement on 19.07.2006 inviting applications ... |
Dharma Rama Bhagare Vs. State of Maharashtra | pulled out of the wound was likely to cause more damage is, in our opinion, not a sufficiently strong factor which should persuade us on the existing record to reject the testimony of the three eye-witnesses believed by the Courts below and about whose trustworthiness we do not entertain any reasonable doubt. It is not... | 0[ds]7. In so far as the information lodged with the police by Shamsuddin is concerned both the courts below have not considered it proper to reject the testimony of the other three eye-witnesses on the ground of variance between their statements in Court and the contents of the said information. The first information ... | 0 | 4,589 | 824 | ### 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:
pulled out of the wound was likely to cause more damage is, in our opinion, not a sufficiently strong factor which should ... |
COMMISSIONER OF CENTRAL EXCISE Vs. HERO HONDA MOTORS LTD | which Rs. 28.90 crore was invested in various securities/deposits leaving a balance of Rs. 4.42 crore (see Schedule 4). The said schedule further indicates utilization of capital gains and interest income to reduce the liability under the said head. That, the said Schedule 4 indicated not only liquidation of liabilitie... | 0[ds]5. It is clear from the above that each and every aspect of the issue is examined, on the basis of which finding is arrived at that the price of the motorcycle manufactured by it were market driven and it did not follow a cost of production plus reasonable profit pricing policy. These are finding of facts which ar... | 0 | 1,540 | 84 | ### 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:
which Rs. 28.90 crore was invested in various securities/deposits leaving a balance of Rs. 4.42 crore... |
Gunendra Prasad Sen Gupta Vs. Union of India and Others | Thereafter the appellant was transferred to the Northern Region in November, 1976. After he joined his post in the Northern Region, the appellant realised that some of his juniors had been promoted to higher positions during the period wh en he had been working in the Eastern Region. He, therefore, made a representatio... | 1[ds]Having thus deferred the consideration of the case of the appellant on that occasion, the Zonal Promotion Committee should have considered the case of the appellant when the relevant Confidential Reports were placed before it and passed an appropriate resolution instead of remarking that the case of the appellant ... | 1 | 1,689 | 349 | ### 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:
Thereafter the appellant was transferred to the Northern Region in November, 1976. After he joined his post in the Norther... |
KAYALULLA PARAMBATH MOIDU HAJI Vs. NAMBOODIYIL VINODAN | said property. Per contra, it is the claim of the respondent-defendant that the property shown in the margin of the written statement to an extent of 52 ½ cents belongs to the respondent-defendant and that the appellant- plaintiff was illegally claiming right over the said property. It is his specific case that the pro... | 0[ds]11. The issue is no more res integra. The position has been crystalised by this Court in the case of Anathula Sudhakar (supra) in paragraph 21, which read thus:-21. To summarise, the position in regard to suits for prohibitory injunction relating to immovable property, is as under:(a) Where a cloud is raised over ... | 0 | 3,445 | 1,319 | ### 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:
said property. Per contra, it is the claim of the respondent-defendant that the property shown in the... |
A. Subair Vs. State Of Kerala | We were taken through the evidence of PW-10 and, in our considered view, his evidence suffers from serious infirmities. The Special Judge as well as the High court were not even clear about the place where PW-10 has positioned himself. He was not within the hearing range that he could hear the conversation that is said... | 1[ds]8. Insofar as Section 13 (1)(d) of the Act is concerned, its essential ingredients are: (i) that he should have been a public servant; (ii) that he should have used corrupt or illegal means or otherwise abused his position as such public servant and (iii) that he should have obtained a valuable thing or pecuniary ... | 1 | 3,516 | 920 | ### 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:
We were taken through the evidence of PW-10 and, in our considered view, his evidence suffers from serious... |
Rani Choudhury Vs. Lt. Col. Suraj Jit Choudhury | that it was improperly constituted is by mere analogy to be treated as a decree. I am unable to reconcile either in principle or in theory why an order rejecting a plaint should stand on a different footing from orders of dismissal for default, and yet one is a decree and the other is not. It is true that an order of r... | 1[ds]Order 9, rule 13 makes provision for the setting aside of an ex-parte decree against the defendant. It lays down the con ditions and also the procedure for the setting aside of an ex-parte decree. The Explanation was introduced into this provision by theCode of Civil Procedure (Amendment) Act, 1976 (Act 104 of 197... | 1 | 7,045 | 1,781 | ### 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:
that it was improperly constituted is by mere analogy to be treated as a decree. I am unable to reconcile ei... |
Sarla Performance Fibers Ltd Vs. C.C.E.C.,Vapi | cabled or fancy yarn of chapter 50 to 55 but may be distinguished from them by the characteristic of gimped yarn that the core does not itself undergo a twisting with the cover threads. In gimped yarn, the yarn forming the loop is wrapped around the core yarn and is held on place by binder or tie yarn. The manufacture ... | 0[ds]13. At the outset, it may be pointed out that there is no dispute that two yarns are used in the manufacture of the product, namely, Nylon and Lycra. At the same time, however, it is also an admitted fact that in Polyester Covered Yarn, the percentage of Lycra is only nine to ten and it is Polyester/Nylon which is... | 0 | 2,966 | 401 | ### 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:
cabled or fancy yarn of chapter 50 to 55 but may be distinguished from them by the characteristic of gimpe... |
Kelukutty & Ors Vs. Mammad & Ors | appeals. Kelus widow Manikka and his daughter Ichira as well as his brother Chekku died prior to 1944 long before the institution of the suits from which these appeals arise.4. It is not necessary to go into the history of the long litigation. As mentioned earlier, the only question for decision is as to who were the l... | 0[ds]2. Before going into that question we may dispose of the contention advanced on behalf of the appellants that there is no satisfactory evidence to show that Chandu was the undivided brother of Kelu. The pleadings in this case proceed on the footing that Chandu and Kelu were the members of an undivided family. The ... | 0 | 1,337 | 799 | ### 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:
appeals. Kelus widow Manikka and his daughter Ichira as well as his brother Chekku died prior to 1944 long be... |
YATINKUMAR JASUBHAI PATEL Vs. STATE OF GUJARAT | (supra) has reiterated the scheme of ?Institutional Preference? as framed in Dr. Pradeep Jain (supra) and has approved the ?Institutional Preference? confined to 50% of the total number of open seats. In that decision, this Court also took note of the subsequent decision in the case of Dinesh Kumar (Dr.) (II) v. Motila... | 0[ds]Thus, right from 1971 onwards till 2017, consistently this Court has approved and/or permitted the ?Institutional Preference? in the Post Graduate Medical Courses.However, it is the case on behalf of the petitioners that in view of the introduction of the NEET Scheme and in view of Section 10D of the MCI Act, by w... | 0 | 3,814 | 984 | ### 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:
(supra) has reiterated the scheme of ?Institutional Preference? as framed in Dr. Pradeep Jain (supra) and ... |
Mahabir Beopar Mandal Limited Vs. Forward Market Commission | RAY, C.J.1. Civil Appeals Nos. 873 and 1425 are by certificate under Article 133(1) of the Constitution of India and Civil Appeal No. 1748 is by special leave.2. These appeals turn on the question whether the Commission described as the Forward Market Commission under the Forward Contract (Regulation) Act, 1952, can im... | 0[ds]All contentions advanced by the appellants are already answered by the decision of this Court (supra) and the observations madecontention is also repelled by the decision of this Court to which reference has already been made. It has been held in that case that the Commission a lone is vested with power to impose ... | 0 | 426 | 183 | ### 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:
RAY, C.J.1. Civil Appeals Nos. 873 and 1425 are by certificate under Article 133(1) of the Constitution of India and Civil A... |
Central Bank of India Vs. Asian Global Ltd. and Ors | of holding a particular office since law would assume so. It was submitted that while correctly holding that to fasten liability on a Director it has to be proved that such Director was responsible to the Company and was in charge of its affairs and that such fact would have to be pleaded and proved, the High Court had... | 0[ds]13. We have carefully considered the submissions made on behalf of the respective parties and we are unable to persuade ourselves to differ with the judgment and order of the High Court. The judgment in S.M.S. Pharmaceuticals Ltd.s case (supra), which was relied upon by the High Court, while interpreting the provi... | 0 | 2,090 | 616 | ### 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:
of holding a particular office since law would assume so. It was submitted that while correctly holding that... |
K. S. Ramamurthi Reddiar Vs. The Chief Commissioner,Pondicherry & Anr | This clearly implies that the quasi-judicial authority was not under the control of the Government of India like an executive or administrative authority and therefore it was not possible for this Court to issue a direction to the Government of India to direct a quasi- judicial authority to give effect to the decision ... | 0[ds]Therefore, the interpretation put forward on behalf of the respondents seems to us to be correct both gramatically and otherwise. "All local or other authorities" would thus be of two kinds, namely, (i) those within the territory of India, and (ii) those under the control of the Government of India. In the latter ... | 0 | 4,624 | 918 | ### 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:
This clearly implies that the quasi-judicial authority was not under the control of the Government of India ... |
Anglo-French Textile Co. Ltd Vs. Commissioner Of Income-Tax,Madras | Raichur even though the manufactured oil was sold in Bombay and the price was received there, and accordingly, that part of the profits derived from sales in Bombay which was attributable to the manufacture of the oil in Raichur was exempt from excess profits tax under the proviso to S. 5 of the Act, Reference in this ... | 0[ds](7) After a careful consideration of the decided cases on the subject and in view of the insertion of S. 42 (3) in the Act of 1922 by the amending Act of 1939, we have reached the conclusion that in the present state of the law there is hardly any scope for maintaining the view contended for by the learned counsel... | 0 | 2,941 | 551 | ### 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:
Raichur even though the manufactured oil was sold in Bombay and the price was received there, and accordingly, that part of ... |
China Cotton Exporters Vs. Beharilal Ramcharan Cottonmills Ltd | default on the part of the supplier or to a circumstance beyond his control.13. Turning now to the facts of the case we find that the defendant had made two contracts with its Italian suppliers - one contract for 200,000 lbs. of cotton for August, 1950, shipment which it is said was later extended to September, 1950; a... | 0[ds]6. We find thus that whatever may have been said earlier in the printed portion of the contract the parties took care, after specifying "October/November, 1950" as the date of shipment to make a definite condition in the remark column, on the important question whether the shipment date was being guaranteed or not... | 0 | 3,111 | 837 | ### 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:
default on the part of the supplier or to a circumstance beyond his control.13. Turning now to the facts o... |
RAMESHWAR DASS Vs. THE STATE OF PUNJAB STATE OF PUNJAB | hearing before the High Court, none appeared for the appellant. The High Court on hearing the State counsel partly allowed the appeal in favour of the landowner (appellant herein) in the light of the decision rendered in RFA No. 953 of 1994, Hari Singh and others vs. State of Punjab & Anr. decided on 01.07.2013 and enh... | 0[ds]13. Having heard the learned counsel for the parties and on perusal of the record of the case, we find no merit in this appeal.14. On perusal of the impugned order quoted above, it is clear that the main order was passed by the High Court in the lead appeal filed by another landowner -Hari Singh by which the High ... | 0 | 1,632 | 486 | ### 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:
hearing before the High Court, none appeared for the appellant. The High Court on hearing the State counsel partly allowed t... |
State Of West Bengal Vs. Bireswar Dutta Estate Pvt. Ltd. | published in the Gazette on 25.3.1996, as public notice of the substance of the said notification was given in the locality only on 30.6.1997, the date of publication of the notification for the purpose of Section 4(1) of the Act, would be 30.6.1997 - the date on which the public notice was given in the locality. Final... | 1[ds]In this case the date of publication of the preliminary notification would be 30.6.1997, as that was the date of the public notice of the substance of the preliminary notification given at convenient places in the locality, and that was the last of the dates of publication and public notice.6. In view of the above... | 1 | 2,042 | 972 | ### 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:
published in the Gazette on 25.3.1996, as public notice of the substance of the said notification was given in the... |
Kasturi Lal Vs. State of Haryana | High Court was that it found it proved from the evidence recorded by it that appellant Kasturi Lals brothers and other relations were employed in the police department at the relevant time and that the investigations of the case had been tainted and an effort had been made to mould it in his favour. The High Court did ... | 1[ds]It would thus appeal that the evidence regarding motive was common to all the accused and was not confined to appellant Kasturi Lal who could not be said to have motive different from the acquitted accused Khazan Singh and Gurdial Singh. Then there is the further fact that all three of them were not found to have ... | 1 | 2,503 | 176 | ### 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:
High Court was that it found it proved from the evidence recorded by it that appellant Kasturi Lals brothers and other rela... |
Hind Construction Contractors Vs. State of Maharashtra | 07, 000/-. 1/4th work means the work of about Rs. 27, 000/-. It is not possible to do the work of Rs. 27, 000/- in 1/4th time as the days were rainy. This was not reasonable." The witness in para 12 of his deposition has also given the following admission:-"It is not specifically mentioned in the agreement (Ex. 34), th... | 1[ds]It will be clear from t he aforesaid statement of law that even where the parties have expressly provided that time is of the essence of the contract such a stipulation will have to be read along with other provisions of the contract and such other provisions may, on construction of the contract, exclude the infer... | 1 | 5,176 | 1,038 | ### 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:
07, 000/-. 1/4th work means the work of about Rs. 27, 000/-. It is not possible to do the work of Rs. 27, 000/- in 1/4th ti... |
M/S. Chandaji Kubaji & Co. Vs. The State Of Andhra Pradesh | S. 12B of the Act and contended that the view which the tribunal took of S. 12A*(6) (a) was not correct. The High Court drew a distinction between what it called basic facts and evidence in support thereof and said:"There is an essential distinction between a fact and the evidence to establish that fact.".... .... ....... | 0[ds]6. In the view which we have taken of these two appeals, it is not necessary to discuss at great length the divergent views taken in the High Court of Andhra as to the true scope and effect of S. 12A (6) (a) of the Act. A Division Bench expressed the view that "facts" in the sub-section meant basic facts, that is,... | 0 | 2,123 | 629 | ### 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:
S. 12B of the Act and contended that the view which the tribunal took of S. 12A*(6) (a) was not correct. The High Court dre... |
THE STATE OF BIHAR Vs. THE BIHAR SECONDARY TEACHERS STRUGGLE COMMITTEE MUNGER | parity that is claimed is by the larger group with the lesser group as stated above which itself is a dying or a vanishing cadre. d) The mode of recruitment of Niyojit Teachers is completely different from that of the Government Teachers as stated above. 77. If a pay structure is normally to be evolved keeping in mind ... | 1[ds]56. At the outset we must note that though the 86 th Constitution Amendment Act was passed in the year 2002, the Article was brought into force on 1.4.2010 i.e. at least after eight years. It is also a matter of record that the RTE Act which was, all the while in contemplation, was enacted in the year 2009 and was... | 1 | 39,763 | 3,381 | ### 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:
parity that is claimed is by the larger group with the lesser group as stated above which itself is a dying or a ... |
Gopi Kanta Sen Vs. Abdul Gaffur & Ors | on the statute book. The situation which arises as a result thereof is that we must deal with the rights of the parties to a suit filed before the Act of 1949 was enacted in terms of such provisions as were clearly applicable thereto. As Abdul Guffur came under the definition of a thika tenant by the Amending Act of 19... | 0[ds]We need not consider the proviso to the section as we are not concerned with the condition mentioned therein. It is to be noted that by the definition of thika tenant, a person could only get the protection of the Ordinance if he could establish that he was holding land under any of the systems expressly mentioned... | 0 | 7,039 | 1,833 | ### 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:
on the statute book. The situation which arises as a result thereof is that we must deal with the rights of the parties to... |
ARBIND KUMAR Vs. STATE OF JHARKHAND | 1. We have heard learned counsel for the respective parties. Although basic question of law is common in both the appeals, there are some variations in the facts and wherever relevant the said differences will be pointed out. 2. For the sake of convenience, we are taking the facts from C.A. No. 9891 of 2010. The appell... | 0[ds]The judgment itself makes it clear that the order was passed under Article 142 of the Constitution of India with a specific observation that it shall not be treated as a precedent. Hence, we are not persuaded to follow that course of action in the present case. Although the appellants have pleaded that they are me... | 0 | 745 | 217 | ### 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:
1. We have heard learned counsel for the respective parties. Although basic question of law is common in bot... |
PRADEEP S/O RAJKUMAR JAIN Vs. MANGANESE ORE(INDIA) LIMITED & ORS | : 2005 SCC (L&S) 609].) 14. It is also a trite law that only because some documents have not been produced by the management, an adverse inference would not be drawn against the management. (See S. Mani [(2005) 5 SCC 100 : 2005 SCC (L&S) 609].) In fact, the said judgment has made reference to the judgment reported in M... | 1[ds]9. We notice that it is true that in Talwara Cooperative Credit and Service Society Ltd. (supra), this Court has held inter alia:13. This Court in a large number of cases noticed the paradigm shift in the matter of burden of proof as regards gainful employment on the part of the employer holding that having regard... | 1 | 3,216 | 1,416 | ### 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:
: 2005 SCC (L&S) 609].) 14. It is also a trite law that only because some documents have not been produced by the... |
M/S. Komal Construction & Others Vs. The State of Maharashtra, Through Its Principal Secretary, Public Works Department & Others | Clause 3.7.10 reads as under 3.7.10. Joint Venture.(i) In case of Joint Venture the scanned and digitally signed copy of registered partnership deed shall be submitted in Envelope No.1.(ii) Two or more contractors of any class may combine and tender for a work costing to the amounts upto which each individual contracto... | 0[ds]Language of this Clause therefore clearly shows that a registered Partnership Deed is must and a Joint Venture with unregistered Partnership Deed is not legally recognized. Respondents wanted to be certain that in case of any legal dispute, Partnership Firm must be registered and therefore, demanded its registrati... | 0 | 3,815 | 760 | ### 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:
Clause 3.7.10 reads as under 3.7.10. Joint Venture.(i) In case of Joint Venture the scanned and digital... |
Maharaja Amrinder Singh Vs. Comnr. Of Wealth Tax,Patiala | the date of establishment of the National Tax Tribunal appeal before the High Court.(1A) The High Court may admit an appeal after the expiry of the period of one hundred and twenty days referred to in sub-section (1), if it is satisfied that there was sufficient cause for not filing the same within that period.(2) An a... | 1[ds]Having heard the learned counsel for the parties and on perusal of the record of the case, we are inclined to allow the appeals and while setting aside of the impugned orders of the High Court remand the case to the High Court for deciding the appeals afresh on merits after formulating the substantial questions of... | 1 | 1,695 | 435 | ### 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 date of establishment of the National Tax Tribunal appeal before the High Court.(1A) The High Court may ... |
The Commissioner of Income Tax-3, Mumbai Vs. M/S. Axis Private Equity Limited | business has not been set up during the year under consideration and no evidence in regard to the same was produced. So far as miscellaneous income of Rs.24,720/- is concerned, the Assessing Officer brought it to tax as income from other sources.4. Being aggrieved the respondentassessee carried matter in Appeal. By the... | 0[ds]The Tribunal by the impugned order recorded the fact that the expenses of Rs.1.17 crores was disallowed as business has not been set up in the year under consideration by the lower authorities. The impugned order also makes reference to the fact that the company was incorporated in the year 2006 and the Assistant ... | 0 | 1,271 | 802 | ### 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:
business has not been set up during the year under consideration and no evidence in regard to the same was pr... |
Kannan Devan Hills Produce Company Limited Vs. State of Kerala & Another | in the city of Madras, though of great social and economic importance, was not included in the concept of agrarian reform by this Court in P. Vajravalu Mudaliar v. Special Deputy Collector, Madras (1965) 1 SCR 614 = (AIR 1965 SC 1017 ). But a wide meaning was given to the concept in Ranjit Singh v. State of Punjab (196... | 0[ds]29. It seems to us clear that the State has legislative competence to legislate on Entry 18, List II and Entry 42 List III. This power cannot be denied on the ground that it has some effect on an industry controlled under Entry 52, List I. Effect is not the same thing as subject-matterIf a State Act, otherwise val... | 0 | 10,462 | 749 | ### 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:
in the city of Madras, though of great social and economic importance, was not included in the concept of agrarian reform ... |
Randhir Singh Vs. Union of India and Others | abstract doctrine which had nothing to do with Art. 14. We shall presently point out how the principle, "equal pay for equal work" is not an abstract doctrine but one of substance. Kishori Mohanlal Bakshi v. Union of India is not itself of any real assistance to us since what was decided there was that there could be d... | 1[ds]It is true that the principle of equal pay for equal work is not expressly declared by our Constitution to be a funda mental right. But it certainly is a Constitutional goal. Art. 39(d) of the Constitution proclaims equal pay for equal work for both men and women" as a Directive Principle of State Policy. Equal pa... | 1 | 2,938 | 476 | ### 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:
abstract doctrine which had nothing to do with Art. 14. We shall presently point out how the principle, "equ... |
M/S Topman Exports Vs. Commr Of Income Tax,Mumbai | of DEPB covered under clause (iiid) of Section 28 and ninety per cent of such profit on transfer of DEPB certificate will get excluded from “profits of the business”. But, where the DEPB accrues to the assessee in the first previous year and the assessee transfers the DEPB certificate in the second previous year, as ap... | 1[ds]12. It will be clear from the aforesaid provisions of Section 28 that under clause (iiib) cash assistance (by whatever name called) received or receivable by any person against exports under any scheme of the Government of India is by itself income chargeable to income tax under the headd Gains of Business orDEPB ... | 1 | 7,598 | 1,260 | ### 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:
of DEPB covered under clause (iiid) of Section 28 and ninety per cent of such profit on transfer of DEPB cert... |
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