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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Workmen of National Tobacco Company, Limited Vs. National Tobacco Company, Limited | our opinion, the argument of the appellants is well-founded and must be accepted as correct. It is well-established that the onus is on an employer to prove the claim to rehabilitation by leading positive and reliable evidence. [See Associated Cement Companies, Ltd. (Dwarka Cement Works, Dwarka and Bombay), and others ... | 1[ds]In our opinion, the argument of the appellants isand must be accepted as correct. It isthat the onus is on an employer to prove the claim to rehabilitation by leading positive and reliable evidence. [See Associated Cement Companies, Ltd. (Dwarka Cement Works, Dwarka and Bombay), and others v. Their workmen (1959I ... | 1 | 1,449 | 691 | ### Instruction:
Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction.
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our opinion, the argument of the appellants is well-founded and must be accepted as correct. It is well-established that the... |
N. Kasturi Vs. D. Ponnammal And Others | indeed it is an independent bequest by itself. Then the said clause contemplates the appellant as a possible adoptee and then deals with his rights on that footing. With the other bequests made by the said clause we are not directly concerned. Having thus made the provisions in Cl. 11 on the basis that his widow may ad... | 0[ds]Therefore, there can be little doubt that what Mr. Sastri formulates as a rule of construction against the avoidance of intestacy cannot be treated as an absolute rule which should have overriding importance in construing a will. If two constructions are reasonably possible, and one of them avoids intestacy while ... | 0 | 4,970 | 1,429 | ### Instruction:
Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences.
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indeed it is an independent bequest by itself. Then the said clause contemplates the appellant as a possible adoptee and t... |
New India Ass. Co. Ltd Vs. Giribala Kalita | We have heard learned counsel for the parties. This appeal is directed against the order passed by the Gauhati High Court dated 28th March, 2000 in M.A. (F) No.4 of 1994 whereby the learned Single Judge has held that the Claims Tribunal has gone wrong in not holding the insurance company liable for the full amount of c... | 1[ds]We have gone through the papers and we find that there is some doubt about the signatures of Respondent No.3 on the so called power of attorney and also on the written statement. The original record was brought before this Court and the certified copies of that record has been filed by the respondent which shows t... | 1 | 838 | 243 | ### 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.
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We have heard learned counsel for the parties. This appeal is directed against the order passed by the Gauhat... |
DR. DHRUVARAM MURLIDHAR SONAR Vs. THE STATE OF MAHARASHTRA AND OTHERS | waited for him for a long time, and when he finally arrived, shewent with him to a place called Kama Lake where they indulged in sexual intercourse. She did not raise any objection at that stage and made no complaints to anyone. Thereafter, she went to Kurukshetra with the accused, where she lived with his relatives. H... | 1[ds]7. We have carefully considered the submissions of the learned counsel made at the Bar and perused the materials placed on record.8. It is well settled that exercise of powers under Section 482 of the Cr.P.C. is the exception and not the rule. Under this section, the High Court has inherent powers to make such ord... | 1 | 5,008 | 1,932 | ### 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.
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waited for him for a long time, and when he finally arrived, shewent with him to a place called Kama Lake where they indulg... |
B.R. Gupta And Another Vs. Rohit Jain | 1. Heard learned counsel for the parties. 2. This Transfer Petition under Section 406 Cr.P.C. is for transfer of the case titled Rohit Jain vs. B.R. Gupta & another pending in the Court of Shri Jagdeep K. Virat, Judicial Magistrate, Ist Class, Bhantinda, Punjab, under Sections 420/120-B IPC to the Court of the Metropol... | 1[ds]5. In the facts and circumstances of the case, we are of the opinion that the aforesaid Transfer Petition and the Criminal Case, which is pending before the Court of the Metropolitan Magistrate, Delhi should be heard together at one place which should be the Court at Delhi. Accordingly, the case titled Rohit Jain ... | 1 | 400 | 129 | ### Instruction:
Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case.
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1. Heard learned counsel for the parties. 2. This Transfer Petition under Section 406 Cr.P.C. is for transfe... |
State of U.P Vs. Mohammad Din and Ors | respondents and the second appeal by the original defendants failed on the same ground on which the appeal in the cognate case failed. Hence this appeal by special leave. 4. Respondents in each appeal sought a declaration that they were citizens of India. The appellants contended that the respondents had acquired the c... | 1[ds]This Court specifically held that from the amplitude of the language employed in Section 9, the legislative intention has been made clear that all cases which come up for determination where an Indian citizen has voluntarily acquired the citizenship of a foreign country after the commencement of the Constitution, ... | 1 | 1,787 | 402 | ### 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.
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respondents and the second appeal by the original defendants failed on the same ground on which the appeal in the cognate c... |
Lopchand Naruji Jat Vs. State Of Gujarat | were charge-sheeted for the offence punishable under Sections 9-B(i) (b) of the Act and Section 5 of the Terrorists & Disruptive Activities (Prevention) Act, 1985 (in short the TADA). By judgment and order dated 12.10.1998 of the Trial Court, the accused were acquitted of the offence punishable under Section 5 of the T... | 0[ds]5. It is to be noted that the plea relating to sanction is based on confusion between two statutes i.e. The Act and the Explosive substances Act 1908 (in short the Explosive Substances Act). Prior sanction for prosecuting any person is provided under the Explosive Substances Act and there is no corresponding provi... | 0 | 1,306 | 287 | ### Instruction:
Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text.
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were charge-sheeted for the offence punishable under Sections 9-B(i) (b) of the Act and Section 5 of the Terrorists & Dis... |
Brahampal @ Sammay and Anr Vs. National Insurance Company | thoroughly negligent in implementing its rights and remedies, it will be equally unfair to deprive the other party of a valuable right that has accrued to it in law as a result of his acting vigilantly. (emphasis supplied) 20. The Court in the above-mentioned cases, highlighted upon the importance introducing the conce... | 1[ds]8. At the outset, we must note that, Chapter XII of the Act is a beneficial legislation intended at protecting the rights of victims affected in road accidents. Moreover, the Act is a self-contained code in itself which provides procedures for filing claims, for passing of award and for preferring an appeal. Even,... | 1 | 3,237 | 1,763 | ### 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.
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thoroughly negligent in implementing its rights and remedies, it will be equally unfair to deprive the other party of a val... |
Shripad Kulkarni & Others Vs. State of Goa, Through The Police Inspector & Another | phraseology may do so under the justified but erroneous impression. Such expression would not itself make the offence cognizable.13. Counsel on behalf of the respondent no. 2 gave an illustration of the offence of rape. He argued that is the fact by a mere use of such expression is stated, a cognizable offence under Se... | 1[ds]10. The remainder of the complaint including the last sentence hereinabove cited shows the fact of signing the resignation letter which may be without any reason or justification which shows that it was signed under duress and she was verbally threatened and that she signed because she was wrongfully confined to a... | 1 | 2,083 | 605 | ### Instruction:
Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction.
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phraseology may do so under the justified but erroneous impression. Such expression would not itself ma... |
MAHENDRA PRATAP DUBEY Vs. MANAGING OFFICER,EVACUEE PROPERTY | said official documents issued in favour of respondent No.3 before the concerned authority or otherwise. In the proceedings initiated by respondent No.3, because of the stand taken by her that respondent No.4 (Md. Sattar @ Mokhan) was also claiming right, title and interest in the suit property by virtue of a sale cert... | 0[ds]10. From the acceptance letter, it is noticeable that it has been issued under the signature of one B.B. Verma, Assistant Custodian and the same person issued a certificate of sale in his capacity as Managing Officer. It must be kept in mind that the application was moved by respondent No.3 and not by the appellan... | 0 | 3,626 | 649 | ### Instruction:
Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation.
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said official documents issued in favour of respondent No.3 before the concerned authority or otherwise. In ... |
Eastern Coalfields Ltd. and Ors Vs. Prativa Biswas and Ors | how the basic pay cannot be reduced. The same principle will be applicable to this case as well. Accordingly, the appeal is allowed. However, there shall be no order as to costs. 17. Shri Kalyan Bandopadhyay, learned senior Counsel for the Appellant, has relied upon the decision of this Court in State Bank of India and... | 0[ds]10. It was clearly indicated that CIL would ensure, that the fitment that was offered would not entail any drop in employees total emoluments. Emoluments are different than the basic salary. Fitment in the pay scale was not to entail any drop in total emoluments on absorption. Protection of basic pay is different ... | 0 | 4,750 | 1,676 | ### Instruction:
Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding.
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how the basic pay cannot be reduced. The same principle will be applicable to this case as well. Accordingly, the appeal i... |
Commissioner Of Income-Tax, U.P Vs. Nainital Bank Ltd | the Commissioner raised two contentions, that by writing off either partially or wholly the amounts due from its constituents in its books of account the Bank did not expend or lay out expenditure within the meaning of S. 10 (2) (xv); and that in any event the expenditure was not laid out wholly and exclusively for the... | 0[ds]It was said that the Bank was, as a pledgee, a bailee of the jewellery and was in law required to take as much care of the pledged jewellery as a person of ordinary prudence would take under similar circumstances of his own jewellery of the same bulk quantity and value, and the Bank having provided an adequate num... | 0 | 1,631 | 910 | ### Instruction:
Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction.
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the Commissioner raised two contentions, that by writing off either partially or wholly the amounts due... |
Commissioner of Income Tax Vs. Gemini Pictures Circuit Private Limited | per sq. yard. Neither the sale deed under which the assessee purchased the said land nor the sale deeds executed by it in 1966-67 describe the land as agricultural land. It could not be so described for the simple reason that it was registered in the municipal records as urban land and urban land tax was levied thereon... | 1[ds]The answer is too evident to call for an elucidationCertain decisions have been cited before us by counsel for both the parties in support of their respective stands. It must, however, be remembered that facts of no two cases will be identical. The tests evolved by the courts are in the nature of guidelines. No ha... | 1 | 2,282 | 344 | ### Instruction:
Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text.
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per sq. yard. Neither the sale deed under which the assessee purchased the said land nor the sale deeds executed by it in... |
Devi Dass Vs. Mohan Lal | 1. Special leave to appeal granted. 2. This appeal arises of a proceeding for eviction and the tenant is the appellant before us. Respondent Mohan Lals claim for ejectment was allowed on the ground that the required the disputed premises for his own use and occupation. He purchased the building of which the disputed pr... | 1[ds]3. The appellate authority rejected the tenants case on the view that tenant could not challenge the validity of the sale deed executed in favour of Mohan Lal because the tenant was not a party to it. We do not think this was a correct view to take. An allegation had been made that in reality there was no sale and... | 1 | 414 | 121 | ### Instruction:
Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding.
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1. Special leave to appeal granted. 2. This appeal arises of a proceeding for eviction and the tenant is the appe... |
Union Of India Vs. A.L. Rallia Ram | contractor not covered by the contract Rs. 67, 000/- were found due by the Railway Company to the contractor on the basis of fair and reasonable rates. The contractor claimed interest on that amount for the period prior to the date of the suit. The Judicial Committee held that interest on the amount awarded as compensa... | 1[ds]Mr. Pathak submitted that interest may be awarded on grounds of equity, and placed reliance upon the Interest Act, 32 of 1839. Under that Act the Court may allow interest to the plaintiff if the amount claimed is a sum certain which is payable at a certain time by virtue of a written instrument. The Act, however, ... | 1 | 8,215 | 710 | ### Instruction:
Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences.
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contractor not covered by the contract Rs. 67, 000/- were found due by the Railway Company to the contractor on the basis ... |
STATE OF PUNJAB & OTHERS Vs. MEHAR DIN | may impose heavy administrative burden on the administration and lead to increased and unbudgeted expenditure. (emphasis in original) 21. The exposition of law on the subject has been consistently followed by this Court even in the later decisions holding that superior Courts should not interfere in the matters of tend... | 1[ds]15. It is not disputed that the auction sale conducted by the Tehsildar Sales on 4th June, 1993 was provisionally accepted in favour of the respondent being the highest bidder. Pursuant thereto, 1/5th of the bid amount as earnest money was deposited, but that acceptance being provisional, was subject to confirmati... | 1 | 4,105 | 1,403 | ### Instruction:
Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction.
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may impose heavy administrative burden on the administration and lead to increased and unbudgeted expenditure. (emphasis in ... |
Shaikh Jabbar Vs. The State of Maharashtra | played the cards and lost Rs.50/- to Rs.60/-. Therefore, so far playing cards by the accused with this witness and other 3-4 persons is concerned, his evidence in examination in chief that, the accused has played the cards and lost Rs. 50/- to Rs.60/- is denied by him in examination in cross. PW-17 in his cross examina... | 1[ds]20. The prosecution did examineJameer Khan Maheboobkhan Pathan to prove that, the deceased was lastly seen alive in the company of the accused till 7.45 p.m. on 14th September, 2010.in his examination in chief stated that, he know accused. On 14.09.2010 at about 7.30 to 7.45 p.m., he had seen the accused near bric... | 1 | 6,963 | 2,443 | ### Instruction:
Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences.
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played the cards and lost Rs.50/- to Rs.60/-. Therefore, so far playing cards by the accused with this witness and other 3... |
Noorjahan Vs. Sultan Rajia | that there was a divergence of opinion on the question whether in a situation as the present one, the deceased could be said to be a passenger in the bus. Examining the provisions of Section 95(1) of the Act, the High Court observed that the liability arising out of an event leading to injury or death of a person aligh... | 0[ds]The High Court rightly interpreted the proviso (ii) extracted above to mean that the liability in respect of death or injury to persons alighting from the vehicle at the time of the accident need not be covered except where the vehicle is vehicle in which the passengers are carried for hire or reward by reason of ... | 0 | 1,534 | 741 | ### 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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that there was a divergence of opinion on the question whether in a situation as the present one,... |
The State of Andhra Pradesh Vs. Madiga Boosenna & Others | any arrack, the prosecution should have got the commodity examined, by a Chemical Examiner, and, inasmuch as that procedure has not been adopted, the High Court ultimately, set aside the conviction of the respondents. 6. On behalf of the appellant State, Mr. Ram Reddy urged that, in the case, in-asmuch as the prosecuti... | 0[ds]In this case, according to the prosecution, the respondents had transported liquor. The expression liquor, as mentioned earlier, is defined under S. 3 (9). The prosecution will therefore have to establish that the commodity in question comes under one or other of the various items referred to in the definition of ... | 0 | 2,077 | 481 | ### Instruction:
Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation.
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any arrack, the prosecution should have got the commodity examined, by a Chemical Examiner, and, inasmuch as... |
Commissioner of Central Excise, Raipur Vs. M/s Sepco Electric Power Construction Corporation | the Ad between the provider of a service, who is an individual, a partnership concern or an incorporated company. The liability to pay tax on the service provided falls uniformly on all the three, provided the service is of a kind that has been declared taxable under section 65(48) of the Ad. Viewed thus, what is taxed... | 0[ds]5.1 At this stage, it is required to be noted that post 2005, the definition of consulting engineer under Section 65(31) has been amended and now it specifically includes a body corporate. Therefore, as such, with respect to the proceedings post amendment 2005, there will be no difficulty. After the amendment, any... | 0 | 12,770 | 8,129 | ### Instruction:
Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences.
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the Ad between the provider of a service, who is an individual, a partnership concern or an incorporated company. The liab... |
Arrive Safe Society of Chandigarh Vs. The Union Territory of Chandigarh & Another | from a national or state highway and (iii) situated within a distance of 500 metres of the outer edge of the national or state highway or of a service lane along the highway; (vi) All States and Union territories are mandated to strictly enforce the above directions. The Chief Secretaries and Directors General of Polic... | 0[ds]6. The judgment of this Court dated 15 December 2016 addresses dangers to life and safety caused by drunken driving on national and state highways and specifically deals with the problem from the perspective of the availability of alcohol. Roads within a metropolitan city essentially provide connectivity within th... | 0 | 1,327 | 357 | ### 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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from a national or state highway and (iii) situated within a distance of 500 metres of the outer ... |
CANTONMENT BOARD AND ANOTHER Vs. M.P.S.R.T.C | The Entry in question was to the effect :- taxes on luxury or entertainment or amusement 13. It was contended before the Court that the tax in question was really a tax imposed for the privilege of carrying on any trade or calling under Entry 46 and, therefore, the same cannot exceed Rs. 100 per annum as provided u/s 1... | 1[ds]8. The admitted position that emerges from the facts already narrated are that the Cantoment Act, 1924 is the earliest in point of time which empowered the Cantonment Baord to impose tax with the previous sanction of the Central Government which tax could be imposed in any Municipality in the State where such Cant... | 1 | 4,733 | 2,200 | ### Instruction:
Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding.
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The Entry in question was to the effect :- taxes on luxury or entertainment or amusement 13. It was contended before the C... |
SUKH DUTT RATRA & ANR Vs. STATE OF HIMACHAL PRADESH & ORS | the respondents property by the appellants who are State authorities. In our view, this case was an eminently fit one for exercising the writ jurisdiction of the High Court under Article 226 of the Constitution… 20. Again, in Tukaram Kana Joshi (supra) while dealing with a similar fact situation, this court held as fol... | 1[ds]14. It is the cardinal principle of the rule of law, that nobody can be deprived of liberty or property without due process, or authorization of law. The recognition of this dates back to the 1700s to the decision of the Kings Bench in Entick v. Carrington [1765] EWHC (KB) 198 and by this court in Wazir Chand v. T... | 1 | 4,120 | 2,270 | ### Instruction:
Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction.
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the respondents property by the appellants who are State authorities. In our view, this case was an emi... |
S.S.M. Bros. Private Limited Vs. Commissioner of Income Tax | N SANTOSH HEGDE J. These appeals by special leave impugn the correctness of the view taken by a Division Bench of the High Court at Madras, TC No. 146 of 1979 and followed in TC No. 140 of 1980. The questions before the High Court were"1. Whether, on the facts and in the circumstances of the case, it has been rightly h... | 1[ds]When both the provisions are read together this is the result : where the machinery or plant is installed for the purpose of the business of production of textiles, including those dyed, printed or otherwise processed, made wholly or mainly out of cotton, the assessee is entitled to the deduction of the developmen... | 1 | 847 | 254 | ### Instruction:
Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document.
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N SANTOSH HEGDE J. These appeals by special leave impugn the correctness of the view taken by a Divisio... |
Indian Explosives Ltd. & Another Vs. Coal India Ltd. & Others | therein by the respondent - Coal India Ltd. It was urged that the said supplementary clause clearly nullifies the clear understanding and terms of the original contract contained in Clause XV. Clase XV of the Original Contract and the supplementary clause inserted are in the following terms: CLAUSE XV - PERFORMANCE 1(A... | 1[ds]6. This Court has consistently taken the view that a private contract entered by the State, so long as it disclose a public law element would have to meet the test of Article 14 of the Constitution of India so far as its terms and conditions and application thereof are concerned. In view of the Corporate structure... | 1 | 1,273 | 444 | ### 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.
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therein by the respondent - Coal India Ltd. It was urged that the said supplementary clause clearly nullifies... |
Sunflag Iron & Steel Company Limited & Another Vs. Additional Collector of Central Excise & Others | fabrication and machining work in respect of which it used to sell steel structurals and also carry out job work. The operations carried out on structural steel plates and flats consisted of cutting to sizes, drilling holes to enable bolting, welding to facilitate further assembly at erection sites and applying shop pa... | 1[ds]Considering the total absence of reference to judgment of the CEGAT in the case of M/s. Aruna Industries (supra), which is pat on the point (as we shall presently see), we are inclined to agree with the learned Counsel for the petitioners. Though not articulated in words, in substance and spirit both the impugned ... | 1 | 7,933 | 969 | ### Instruction:
Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding.
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fabrication and machining work in respect of which it used to sell steel structurals and also carry out job work.... |
Mahatma Gandhi Sahakara Sakkare Karkhane Vs. National Heavy Engg. Coop. Ltd. | also not stated as to how irreparable loss would be caused in case the appellant is allowed to encash the bank guarantee. The only two exceptions, namely fraud and irretrievable injury based on which injunction could be granted restraining encashment of bank guarantee are singularly absent in the pleadings. Once it is ... | 1[ds]21. In our considered opinion if the bank guarantee furnished is an unconditional and irrevocable one, it is not open to the bank to raise any objection whatsoever to pay the amounts under the guarantee. The person in whose favour the guarantee is furnished by the bank cannot be prevented by way of an injunction i... | 1 | 5,917 | 1,694 | ### Instruction:
Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document.
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also not stated as to how irreparable loss would be caused in case the appellant is allowed to encash t... |
UNION OF INDIA & ORS Vs. EX. NAIK RAM SINGH | ABHAY S. OKA, J. 1. The appellants, Union of India and three others, have taken an exception to the judgment and order dated 23rd December 2010 of the Armed Forces Tribunal, Chandigarh Bench at Chandimandir (for short, the Tribunal). 2. By the impugned judgment and order, the appellants were directed to release the dis... | 1[ds]7. On facts, it is an admitted position that the respondent was granted annual leave on 6th November 1999. He proceeded on the same day to leave station. On 8th November 1999, when he was crossing the road, he suffered an accident. As noted earlier, his disability was assessed at 80%.8. The Entitlement Rules, 1982... | 1 | 1,105 | 388 | ### Instruction:
Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case.
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ABHAY S. OKA, J. 1. The appellants, Union of India and three others, have taken an exception to the judgment... |
Rajendra Rajmutyam Mali Vs. State of Maharashtra | 1. The incident which has given rise to this appeal occurred on the morning of 2-5-1981 around 7-30 a. m. at Narpali, Bhiwandi, in the State of Maharashtra. According to the prosecution the unfortunate incident arose because of the employer having terminated the services of the accused persons. The employer Kanti Lal w... | 0[ds]We are of the opinion that the failure to explain this injury on the person of accused cannot be taken to be fatal to the prosecution case having regard to the facts and circumstances of the case. The facts reveal that the deceased Kanti Lal was attacked by three persons with daggers and the incident was seen by t... | 0 | 798 | 249 | ### 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. The incident which has given rise to this appeal occurred on the morning of 2-5-1981 around 7-30 a. m. at ... |
The Commissioner Of Income-Tax Vs. The Mysore Sugar Co., Ltd | the doing of the business? If money be lost in the first circumstance, it is a loss of capital, but if lost in the second circumstance it is a revenue loss. In the first, it bears the character of an investment, but in the second, to use a commonly understood phrase, it bears the character of current expenses.8. This d... | 0[ds]Originally, two questions were referred, but with the second question we are not now concerned.The case has been argued before us both under S. 10 (1) and S. 10 (2) (xv), though it appears that case of the assessee Company has changed from S. 10 (1) to S. 10 (2) (xi) and S. 10 (2) (xv) from time to time. The quest... | 0 | 2,589 | 647 | ### 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 doing of the business? If money be lost in the first circumstance, it is a loss of capital, but if ... |
Rambraksh @ Jalim Vs. State of Chhattisgarh | for 7 days and then again went to the Police Station and lodged the complaint. As already stated PW3 Dasmatiya Bai in her complaint as well as her statement before the police has not told that she witnessed the occurrence during which both the accused assaulted her husband with lathi and Danda. Only in her testimony be... | 1[ds]12. In the present case as noticed above the Sessions Court as well as the High Court convicted the appellant/accused No.2 on the basis of last seen evidence, the correctness of which is also doubtful. The High Court had failed to appreciate the aforesaid fact and erred in affirming the judgment of conviction pass... | 1 | 2,614 | 86 | ### 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:
for 7 days and then again went to the Police Station and lodged the complaint. As already stated PW3 Dasmatiya Bai... |
Bhagat Ram Batra Vs. Union of India and Others | KHANNA, J.1. This is an appeal an certificate by Bhagat Ram Batra against the order of the Punjab and Haryana High Court whereby a petition under Article 226 of the Constitution of India filed by the appellant against the Union of India and three others was dismissed in limine.2. The appellant is a displaced person. On... | 0[ds]4. We have heard Mr. Naunit Lal on behalf of the appellant and are of the opinion that there is no merit in this appeal. As would appear from the resume of the facts given above, the appellant did not stick to the auction sale in his favour, because he found that the area of the property sold in his favour was les... | 0 | 767 | 283 | ### 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:
KHANNA, J.1. This is an appeal an certificate by Bhagat Ram Batra against the order of the Punjab and Haryana High Court w... |
Speech & Software Technologies (India) Pvt. Ltd Vs. Neos Interactive Ltd | a period of fifteen days from the expiry of the previous month. Clause 10 of the said agreement provides for consequences which would ensue on termination of the agreement, whereas clause 19 enables the aggrieved party to approach arbitrator for resolution of the disputes. It is relevant to note that by letter dated Fe... | 1[ds]The net result of the above discussion is that the Services Agreement dated July 15, 2006 has not ceased to exist and the applicant is entitled to invoke the arbitration clause contained in that agreement. The application filed by the applicant is within the time prescribed by law. There is no manner of doubt that... | 1 | 2,459 | 99 | ### 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:
a period of fifteen days from the expiry of the previous month. Clause 10 of the said agreement provides for ... |
The State Of West Bengal Vs. Subodh Gopal Bose And Others | is obvious that the framers of our Constitution shared the American view and included Part III in the Constitution of India. It is, therefore, a wrong approach to construe the articles of Part III by pointing to the British way, which is more a traditional than a constitutional way, of protecting the rights and liberti... | 1[ds]6. It will be convenient to deal first with the latter contention of thee (f) of cl. (1) of Art. 19 has, in my opinion, no application to the case. That article enumerates certain freedoms under the caption "right to freedom" and deals with those great and basic rights which are recognised and guaranteed as the na... | 1 | 10,670 | 1,889 | ### 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:
is obvious that the framers of our Constitution shared the American view and included Part III in the Constitutio... |
Vithal Dattatraya Kulkarni and Others Vs. Shamrao Tukaram Power and Others | which the death of the tenant took p lace in those cases Section 40 as amended in 1956 had not come into force, whereas, in the case before the Full Bench the tenant had died after Section 40 was amended in 1956. In the case now before us, however, the death of the tenant took place before the Bombay Tenancy and Agricu... | 1[ds]The position was clear und er the Bombay Tenancy Act, 1939. Explanation II to Section 7 of that Act expressly provided that for the purposes of the Section a tenant included his heirs, as specified in Section 9(3). The position under the Bombay Tenancy and Agricultural Land s Act, 1948, after it was amended in 195... | 1 | 4,687 | 626 | ### 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:
which the death of the tenant took p lace in those cases Section 40 as amended in 1956 had not come into f... |
Sheo Dayal Sinha and Others Vs. State of Bihar and Others | Service, there were two classes and several categories of officers according to the nature of their qualifications, experience and other attributes. Initially, the officers were taken in the two classes. By memo issued by the Government by its letter dated August, 13, 1953 which is to be found at page 856 of Compendium... | 1[ds]6. The High Court came to a clear finding that the posts to which the respondents concerned were promoted were not selection posts and it therefore follows as a logical corollary that inter se merit of the candidates eligible for appointment had to be considered by the Government. This, however, was not done and t... | 1 | 1,253 | 712 | ### 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:
Service, there were two classes and several categories of officers according to the nature of their qualific... |
Raghbir Singh Sehrawat Vs. State Of Haryana | supposedly final unless the appropriate Government chooses to interfere therein and cause affectation, suo motu or on the application of any person interested in the land. These requirements obviously lead to the positive conclusion that the proceeding before the Collector is a blend of public and individual enquiry. T... | 1[ds]Since the appellant has been non suited by the High Court only on the ground that possession of the acquired land had been taken by the concerned officers and the same will be deemed to have vested in the State Government free from all encumbrances, we think that it will be appropriate to first consider this facet... | 1 | 6,707 | 1,503 | ### Instruction:
Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation.
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supposedly final unless the appropriate Government chooses to interfere therein and cause affectation, suo m... |
Sadhu Singh Harnam Singh Vs. State of Punjab | him from leaving his place by terrifying him to some extent. It is not possible to believe the embellished version of the witnesses that Sadhu Singh was present at the altercation between his father and the Mahant or that he loaded the gun after he himself had intervened in the altercation, or that there was the conver... | 1[ds]It is apparent that from the stage of the first information report to the final stage of the trial the witness has been giving different accounts of the actual happening. At the earlier stage it was not said that Sadhu Singh was present at the talk between his father and the Mahant which created some resentment be... | 1 | 5,965 | 915 | ### 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:
him from leaving his place by terrifying him to some extent. It is not possible to believe the embellished ve... |
Shailja & Another Vs. Khobbanna | 1. Leave granted.2. The matters have been called out twice but there is no appearance on behalf of the respondent.3. We have gone through the impugned judgment and order dated 17.04.2013 passed by the High Court and order dated 22.11.2012 passed by the Family Court.4. The Family Court had directed payment of maintenanc... | 1[ds]7. We are not satisfied with the order passed by the High Court considering the income of the respondenthusband, which we have been told, is more than Rs. 80,000/per month since the respondenthusband is a Senior Lecturer in a college. It is stated by learned counsel for the appellants that the respondenthusband is... | 1 | 363 | 160 | ### Instruction:
Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction.
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1. Leave granted.2. The matters have been called out twice but there is no appearance on behalf of the respondent.3. We have... |
Cipla Limited Vs. Cipla Employees' Union | ( 1 ) THE Original Petitioners (the Respondents) before us have filed the present Civil Application praying to speak to Minutes of Order dated July 19, 1999 passed by us. Hereinafter the parties would be referred to as "the Union" and "the Company" (the original petitioners and the respondents respectively). ( 2 ) WE h... | 1[ds]( 2 ) WE have again heard both the learned Counsel for some time. In spite of our detailed order it appears that the Company has not accepted the letter and spirit of our order and has deliberately tried to misunderstand it. Our attention is drawn to a letter dated July 28, 1999 addressed by the Company to one of ... | 1 | 999 | 927 | ### Instruction:
Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding.
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( 1 ) THE Original Petitioners (the Respondents) before us have filed the present Civil Application praying to sp... |
Union of India & Anr Vs. Deepak Niranjan Nath Pandit | Dr Dhananjaya Y Chandrachud, J. 1. Leave granted. 2. The respondent, who is an Assistant Commissioner of Customs, GST and Central Excise was transferred from Mumbai to Bhubaneshwar on 5 September 2019. Challenging the order of transfer, the respondent moved the Central Administrative Tribunal (CAT) in OA No 627 of 2019... | 1[ds]In our view, neither of these reasons can furnish a valid justification for the High Court to take recourse to its extraordinary jurisdiction under Article 226 of the Constitution in passing an order of injunction of this nature. Significantly, the High Court has not even found a prima facie case to the effect tha... | 1 | 730 | 273 | ### Instruction:
Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document.
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Dr Dhananjaya Y Chandrachud, J. 1. Leave granted. 2. The respondent, who is an Assistant Commissioner o... |
State of Punjab Vs. Kasturi Lal and Others | courts, whether civil or criminal possess, in the absence of any express provision, as inherent in their constitution, all such powers as are necessary to do the right and to undo a wrong in course of administration of justice. While exercising powers under the Section, the Court does not function as a court of appeal ... | 1[ds]9. Exercise of power under Section 482 of the Code in a case of this nature is the exception and not the rule. The section does not confer any new powers on the High Court. It only saves the inherent power which the Court possessed before the enactment of the Code. It envisages three circumstances under which the ... | 1 | 2,579 | 1,168 | ### Instruction:
Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document.
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courts, whether civil or criminal possess, in the absence of any express provision, as inherent in thei... |
M/S D.B. Bandodkar & Sons Private Limited Vs. The Assistant Commissioner of Income Tax & Another | note or other document. In support of his claim statement obtained from M/s. OGPL of their hospet ore which showed that M/s. OGPL had sufficient stock when transfer to the assessee company took place. The assessing officer held that M/s. OGPL is sister concern of assessing company and in the absence of any other suppor... | 0[ds]6. In our view no substantial question of law will arise in this appeal and all the three authorities have taken into consideration material which is on record and have carefully given their finding. Inspite of the several opportunities given to the appellant the documentary evidence was not produced on record to ... | 0 | 1,808 | 198 | ### 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.
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note or other document. In support of his claim statement obtained from M/s. OGPL of their hospet ore which s... |
M. K. Balakrishnan Menon Vs. Asstt. Controller Of Estate Duty-Cum-I.T.O.Ernakulam | which the deceased is governed for the purpose of ascertaining the extent of his interest in the property. The provisions of Section 7 of the succession Act have to be read together with section 7 of the Act for determining the interest which the deceased had in the Sthanam property on which the estate duty would be le... | 0[ds]8. As regards the first point it has already been mentioned that before the High Court there was no dispute that if the Court had to look to the provisions of the Act alone the entire property of the Sthanam was liable to estate dutyThe provisions of Section 7 of the succession Act have to be read together with se... | 0 | 3,471 | 2,087 | ### 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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which the deceased is governed for the purpose of ascertaining the extent of his interest in the property. The pro... |
Comptroller & Auditor General Vs. Kamlesh Vadilal Mehta | of the Companies Act; and the usual practice of private companies relying on partnerships, largely to the exclusion of proprietary firms. 7. The aforesaid argument raises the question as to whether the sub-classification of partnership firms stands the test of reasonableness on the touchstone of Article 14. 8. It is no... | 0[ds]11. In any event it would not follow as a categorical imperative that a partnership is better placed for auditing government concerns simply because two minds are better than one. There could be several instances when a partnership firm, which is ostensibly an association of contributing individuals, is in actual ... | 0 | 2,281 | 505 | ### 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:
of the Companies Act; and the usual practice of private companies relying on partnerships, largely to the e... |
MAXOPP INVESTMENT LTD Vs. COMMR.OF I.T NEW DELHI | profit and if the object is to derive income by way of dividend then the profit would be said to have accrued from investment. To this extent, the High Court may be correct. At the same time, we do not agree with the test of dominant intention applied by the Punjab and Haryana High Court, which we have already discarde... | 0[ds]3. Though, it is clear from the plain language of the aforesaid provision that no deduction is to be allowed in respect of expenditure incurred by the assessee in relation to income which does not form part of the total income under the Act, the effect whereof is that if certain income is earned which is not to be... | 0 | 11,362 | 2,519 | ### 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:
profit and if the object is to derive income by way of dividend then the profit would be said to have accrued from... |
Vitthalbhai Naranbhai Patel Vs. Commissioner of Sales Tax, M.P., Nagpur | Hidayatullah, J. 1. This is an appeal with a certificate under Art. 132 (1) of the Constitution granted by the former High Court at Nagpur. During the course of the hearing, the appellant applied under Article 132 (3) for leave to appeal to this Court on the ground that other questions had been wrongly decided. We shal... | 0[ds]This point is not open for argument, in view of the fact that it does not involve an interpretation of the Constitution to which the certificate is limited. An application to urge other grounds could have been made a long time ago, and it would not be proper for us to allow an application to be made in the course ... | 0 | 707 | 447 | ### 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:
Hidayatullah, J. 1. This is an appeal with a certificate under Art. 132 (1) of the Constitution grant... |
National Buildings Construction Corporation Vs. Pritam Singh Gill And Others | period when they were in his employment. Shri Malhotra pointed out that in the reported case there was no clause in the statutory definition including therein for limited purposes certain persons otherwise not within the definition and excluding therefrom certain other categories of persons who would otherwise fall wit... | 0[ds]5. We now turn to some decisions of the High Courts which directly deal with this point. In Tiruchi-Srirangam Transport Co. (P) Ltd. v. Labour Court Madurai, (1961) 1 Lab L.J. 729=(AIR 1961 Mad 307 ) Ramchandra Ayyar J., repelled a similar contention as was raised before us by Shri Malhotra on behalf of the appel... | 0 | 5,258 | 2,167 | ### 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:
period when they were in his employment. Shri Malhotra pointed out that in the reported case there was no clause in the s... |
Kandla Port Trust Vs. Goodrich Maritime Pvt.Ltd | the cargo. The Lines have two options. They can take back the (loaded) containers to the Port of Origin. Alternatively, the Lines can resume custody of the containers and move such containers to any outside private CFS and arrange for de-stuffing of cargo before taking back the empty container. (In such cases, the resp... | 1[ds]9. We have considered the respective submissions and gone through the relevant statutory provisions as also the orders issued by the Tariff Authority for Major Port Trusts. Undisputedly, the special civil applications filed by respondent No.1 were summarily dismissed by the learned Single Judge without calling upo... | 1 | 2,560 | 341 | ### Instruction:
Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences.
### Input:
the cargo. The Lines have two options. They can take back the (loaded) containers to the Port of Origin. Alternatively, th... |
Calcutta Electric Supply Corporation Vs. Commissioner Of Wealth Tax, West Bengal | circumstance. The only thing relevant for the purpose of the Act is that the assessee should be the owner of the assets in question on the relevant valuation date. The Act does not concern itself with the mode in which those assets were acquired. It is immaterial for the purpose of the Act whether the assessee acquired... | 0[ds]7. As seen earlier, the Wealth-tax Officer had determined the value of the assets under S. 7 (2). There is no dispute that the assessee is maintaining regular accounts for the business it is carrying on. Therefore it was open to the Wealth-tax Officer, instead of determining separately the value of each asset held... | 0 | 2,516 | 1,081 | ### 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:
circumstance. The only thing relevant for the purpose of the Act is that the assessee should be the owner of the assets in... |
Himatsingka Timber Company Limited Vs. State of Orissa | under which the sale was to be tax-free or not tax-free. He pointed out that the Legislature had granted exemption from tax to sales between one registered dealer and another registered dealer on the latters certificate that the goods were to be used either for resale or for manufacture but had enacted that if the purc... | 0[ds]This contention was not raised before and is a departure from the earlier stand of the company that the local purchases were in the course of inter-State trade. That argument could only be raised if the property in the goods passed outside the State. There is thus no finding that property in the sleepers or timber... | 0 | 2,303 | 412 | ### 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:
under which the sale was to be tax-free or not tax-free. He pointed out that the Legislature had gran... |
Agricultural Market Committee Vs. Shalimar Chemical Works Ltd | contract is made and it is immaterial whether the time of payment of the price or the time of delivery of goods, or both, is postponed. * 36. We may, before analysing the provisions of Sections 19 and 20, observe that the Indian Sale of Goods Act is based largely upon the English and American Acts. Under these Acts, na... | 0[ds]42. In the instant case, the goods which were ther of sale were ascertained goods. They were also in a deliverable state. On the order being placed by the respondent, the seller in the State of Kerala, loaded the goods on the lorry and despatched the same to Hyderabad. It is at this stage that the conduct of the p... | 0 | 5,775 | 909 | ### 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:
contract is made and it is immaterial whether the time of payment of the price or the time of del... |
Tata Oil Mills Company Limited Vs. K.V. Gopalan & Others | provision, the Inspector declared certain holidays for the year 1959. Not satisfied with the decision of the Inspector, one of the appellants employees Mr. Baskara Menon filed a writ petition in the Kerala High Court under Art. 226 of the Constitution challenging the validity of the Inspectors decision. In that writ pe... | 1[ds]8.That takes us to S. 11 of the Act, because this section has to be read along with S. 3 in determining the validity of the conclusion recorded by the Tribunal on the main point of dispute between the parties. Section 11 readsand privileges under other laws, etc., notcontained in this Act shall adversely affect an... | 1 | 1,996 | 615 | ### 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:
provision, the Inspector declared certain holidays for the year 1959. Not satisfied with the decision o... |
Chain Singh Vs. State of Punjab | hitting Darshan Singh who dropped down dead. Charan Singh fired shots from his pistol injuring PWs. 7 and 9. Karam Singh we alleged to have merely fired in the air from his pistol. Bawa Singh was alleged to have given barchhi blows to Ajit Singh, Malkiat Singh and Lachhman Singh. The appellant is alleged to have fired ... | 0[ds]4. We have set out at length the discussion of the prosecution evidence by the High Court, which shows how full, fair and unexceptionable the discussion and the conclusions arrived at by the High Court are. This Court in considering an appeal under the provisions of Article 136 of the Constitution does not reappra... | 0 | 1,337 | 107 | ### 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:
hitting Darshan Singh who dropped down dead. Charan Singh fired shots from his pistol injuring PWs. 7 and 9. Karam Singh we... |
M/s. Mathura Electric Supply Company Limited and Another Vs. State of Uttar Pradesh and Another | Desai, J.1. The chronology of events leading to the re-instatement of the respondent which gave rise to the present miscellaneous petition have been succinctly set out in the judgment of this Court in Mathura Electric Supply Co. Ltd. & Anr. v. State of U.P. & Ors. (1981) 3 SCC 623. Respondent Summera was employed as an... | 1[ds]Having heard them we are satisfied that this computation is correct and unassailable. We accordingly direct that the Board shall pay Rs. 30, 000/to the respondent for the backwages and monetary equivalent of other benefits for the period commencing from the date of the termination of service i.e. August 19, 1955 u... | 1 | 1,038 | 341 | ### 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:
Desai, J.1. The chronology of events leading to the re-instatement of the respondent which gave rise to the presen... |
State Of Maharashtra Vs. Mishri Lal Tarachand Lodha Andothers | principle are these amounts not treated as forming part of the value of the subject matter in dispute in appeal? Such value is to be determined on the substantial allegation in the plaint or from the pleas in the memorandum of appeal with respect to the point in dispute between the parties and sought to be determined b... | 1[ds]9. We do not consider it correct that the expression in the Act be construed in the light of the construction placed on a similar expression for the purposes of considering whether the case had come within the rule allowing the High Courts to give leave for appeal to the Privy Council. The Act is a taxing statute ... | 1 | 2,588 | 837 | ### 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:
principle are these amounts not treated as forming part of the value of the subject matter in dispute in appeal? Such value... |
RAMATHAL Vs. MARUTHATHAL . & ORS | has exceeded its jurisdiction by reversing the well considered judgment of the courts below which is based on cogent reasoning. The learned judge ought not to have entered the arena of re appreciation of the evidence, hence the whole exercise done by the high court is beyond the scope and jurisdiction conferred under s... | 1[ds]It is to be noted that the trial court and the lower appellate court concurrently found that the buyer was ready and willing to perform the contract which was apparent from both pleadings as well as oral and documentary evidence available on record.The agreement stipulated Rs. 1,01,000/- per acre as the sale consi... | 1 | 3,367 | 1,934 | ### 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:
has exceeded its jurisdiction by reversing the well considered judgment of the courts below which is based ... |
State of Assam & Others Vs. Om Prakash Mehta & Others | of any provision of the Constitution. Nor is there any question of the principles of natural justice having been violated. Indeed there may be some purpose in such a provision. It is well known that in almost all statutes regarding local bodies it is provided that applications for building licences that are not dispose... | 1[ds]12. We are unable to see how Rule 24 (3) and explanation to Rule 54 can be said to contravene the provisions of Section 8 of the Act. They are within the rule making powers of the Government. Clause (g) of Section 13 too enables the Government to make rules regarding the terms on which and conditions subject to wh... | 1 | 3,900 | 524 | ### Instruction:
Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction.
### Input:
of any provision of the Constitution. Nor is there any question of the principles of natural justice having been violated. I... |
SEEMA SAPRA Vs. COURT ON ITS OWN MOTION | the petitioner-in-person. Reasons for not accepting that prayer will be elaborated in the order to be passed as noted in our previous order dated 11.04.2019. It is open to the petitioner to file list of dates and/or any other relevant document(s), if she so desires. That be filed within two weeks. We reiterate that all... | 1[ds]5. We must, at the outset, deal with the gravamen of the apprehension of the appellant as to why she has insisted for recusal of one of us (A.M. Khanwilkar, J.). Even on a liberal reading of the averments in the stated application, the apprehension of the appellant is founded on the allegation that she may not get... | 1 | 1,855 | 1,149 | ### 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:
the petitioner-in-person. Reasons for not accepting that prayer will be elaborated in the order to be passed as n... |
Tara Devi Aggarwal Vs. Commissioner Of Income-Tax, West Bengal,Calcutta | circumstances of the case, the Tribunal was right in holding that there were no materials before the Commissioner to justify his finding that the assessment order for 1960-61 was erroneous in so far as it was prejudicial to the interests of the revenue ? Apart from these, a further question which will be referred to as... | 0[ds]High Court declined to answer the first question as in its view it was merely academic. The assessee did not press for an answer on the third question. The only other question, therefore, was the second one which was answered against the assessee on the ground that the Income-tax Officer had no jurisdiction to mak... | 0 | 2,946 | 935 | ### 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:
circumstances of the case, the Tribunal was right in holding that there were no materials before the Co... |
Nani Gopal Paul Vs. Tarakeswar Prasad Singh | K. Ramaswamy & B.L. Hansaria, JJ. 1. Leave granted. 2. In Suit No.2 of 1966 filed by United Bank of India against Hanuman Foundries Ltd. for foreclosure and sale of hypothicated property, pursuant to a preliminary decree, the court receiver sold the hypothica at which the appellant became highest bidder for Rs. 60 lakh... | 1[ds]4. We are of the view that we can take suo motu judicial notice of the illegality pointed out by the Division Bench, committed by the single Judge of the High Court in bringing the properties to sale. Accordingly, we are of the view that the circumstances are sufficient to vitiate the validity of the sale conducte... | 1 | 560 | 198 | ### 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:
K. Ramaswamy & B.L. Hansaria, JJ. 1. Leave granted. 2. In Suit No.2 of 1966 filed by United Bank of India against Hanuman... |
Commissioner of Income Tax Vs. Bombay Dyeing and Manufacturing Company Limited | It was held by this court that it was an expenditure deductible under section 10(2)(xv) of the Income-tax Act. It was held that the transaction of acquisition of the asset was closely related to the commencement and carrying on of the assessees business and, therefore, interest paid on the unpaid balance of the conside... | 0[ds]Our attention is also invited to an order of this court in CIT v. T. V. Sundaram Iyengar and Sons Pvt. Ltd., wherein it has been held that the amount advanced by the assessee for construction of houses under a subsidised industrial scheme for its employees is in the nature of a revenue expenditure. In this case to... | 0 | 1,703 | 189 | ### 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:
It was held by this court that it was an expenditure deductible under section 10(2)(xv) of the Income-tax Act... |
R.S. ANJAYYA GUPTA Vs. THIPPAIAH SETTY | writing and shall state—(a) the points for determination;(b) the decision thereon;(c) the reasons for the decision; and(d) where the decree appealed from is reversed or varied, the relief to which the appellant is entitled,and shall at the time that it is pronounced be signed and dated by the Judge or by the Judges con... | 1[ds]16. After cogitating over the rival submissions made during the elaborate arguments by the respective counsel and who had invited our attention to the pleadings and evidence on record, we deem it to appropriate to relegate the parties before the High Court for consideration of the first appeal afresh. We say so fo... | 1 | 4,576 | 497 | ### 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:
writing and shall state—(a) the points for determination;(b) the decision thereon;(c) the reasons for the decision; and(d)... |
Dhan Singh Ramkrishna Chaudhri & Ors Vs. Laxminarayan Ramkishan & Anr | relieved against forfeiture for that year, and that the order granting the relief did not wipe out the default gives an indication to the contrary.28. Vithals case (supra) does not advance the appellants case. It does not lay down a principle in conflict with the ratio of Raja Rams case (supra). In Vithals case the ren... | 0[ds]16. An analysis of the definition of Section 7 would show that the rent payable by a tenant (subject to the maximum rate fixed under Section 6) is (a) the rent agreed upon between such tenant and landlord or (b) in the absence of any agreement, the rent according to usage of the locality or (c) where there is disp... | 0 | 4,414 | 939 | ### 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:
relieved against forfeiture for that year, and that the order granting the relief did not wipe out the default gives an in... |
Om Prakash Vs. Reliance General Insuarance | Forum, Hissar (for short `District Forum), under Section 12 of the Consumer Protection Act, 1986, inter alia, seeking a direction to the respondent-company for payment of claim amount with an interest @ 18% per annum, along with compensation of Rs. 1,00,000/- to the appellant. Written statement was filed by the respond... | 1[ds]11. It is common knowledge that a person who lost his vehicle may not straightaway go to the Insurance Company to claim compensation. At first, he will make efforts to trace the vehicle. It is true that the owner has to intimate the insurer immediately after the theft of the vehicle. However, this condition should... | 1 | 1,434 | 361 | ### 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:
Forum, Hissar (for short `District Forum), under Section 12 of the Consumer Protection Act, 1986, inter alia, see... |
Cyanamid India Limited Vs. K. N. Anantharama Ayyar | the regular assessment but the disputed amount is that which was found as the tax liability by the order of regular assessment. The mere payment of advance tax does not mean that the assessee accepts that the entire amount of advance tax is liable to be credited as the amount payable as tax. Shri Jetley also referred t... | 1[ds]It is not possible to accede to the submission of Shri Jetly that) of section 244 does not take in it sweep the amount of advance tax paid and which was credited under section 219 but which credit was found to be in excess of the liability of the assessee by the appellate authority. We are unable to make any disti... | 1 | 5,000 | 1,272 | ### 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 regular assessment but the disputed amount is that which was found as the tax liability by the orde... |
Beena R Vs. The Kerala Public Service Commission | Kurian Joseph, J.1. Leave granted.2. The qualification for appointment of Lower Division Typist is prescribed in the Notification, which reads as follows :-“7. Qualifications :1. S.S.L.C. or its equivalent qualification.2. Lower Grade Certificate in KGTE Malayalam Typewriting.3. Lower Grade Certificate in KGTE English ... | 1[ds]5. In that view of the matter, in the peculiar facts of this case, we find it difficult to appreciate the contention, though vehemently advanced by the learned counsel appearing for the Public Service Commission that the Notification required the applicant to possess the Computer Word Processing as well. That poss... | 1 | 593 | 82 | ### 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:
Kurian Joseph, J.1. Leave granted.2. The qualification for appointment of Lower Division Typist is prescribed in t... |
State Bank of India Vs. Madras Bolts and Nuts Private Limited and Others | 1. The appellant-State Bank of India had filed this suit against M/s Madras Bolts & Nuts (P) Ltd. and its three Directors, Defendants 2 to 4, of which the 2nd defendant is the Managing Director. The suit was for recovery of a sum of Rs 2, 47, 797.18 with future interest as set out therein under a cash credit (Mundy Typ... | 1[ds]Obviously, these securities cover not merely the claim of the Bank against the Company up tobut they also cover the claim of the Bank against the Company in respect of the liabilities arising afteralso, whether they be in the form of interest or in any other form. Since the securities cover the entire liability of... | 1 | 964 | 324 | ### 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:
1. The appellant-State Bank of India had filed this suit against M/s Madras Bolts & Nuts (P) Ltd. and its three Directors... |
M/S. U. P. Electric Supply Co., Ltd Vs. The Workmen Of M/S. S. N. Choudhary,Contractors And Anoth | holidays; (iii) non-fixation of minimum wages of these workmen at par with the workmen employed by the company; and (iv) non-abolition of the contract system. Efforts at conciliation failed and thereupon the Government of Uttar Pradesh made a reference to the Industrial Tribunal under the U. P. Industrial Disputes Act,... | 1[ds]Therefore, in so far as the tribunal went beyond the three matters of dispute specified in the reference and decided the question whether the workmen concerned were in the employ of the company or of the contractors it was acting without jurisdiction as this matter was never referred to it.5. We are of opinion tha... | 1 | 1,277 | 477 | ### 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:
holidays; (iii) non-fixation of minimum wages of these workmen at par with the workmen employed by the com... |
Shivram Poddar Vs. Income Tax Officer, Central Circle II, Calcutta & Another | the case of succession to a person (which expression includes a firm) carrying on a business by another person in such capacity. These provisions have to be read with S. 44, for that section provides that in the case of discontinuance of business of firm or of an association or dissolution of an association, liability ... | 0[ds]The object of the enactment is clear : it is to authorise assessment of tax on income, profits or gains earned in a business, profession or vocation carried on by a firm or association before discontinuance of the business, profession or vocation, or before dissolution of the association, and to impose joint and s... | 0 | 2,904 | 373 | ### Instruction:
Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding.
### Input:
the case of succession to a person (which expression includes a firm) carrying on a business by another person in such cap... |
Central Board Of Direct Taxes & Ors. New Delhi Vs. Oberoi Hotels (India) Pvt. Ltd | elements comprised in the contract. 26. There is no gainsaying that running a w ell equipped modern hotel is no ordinary affair. One needs a great deal of expertise skill and technical knowledge for the purpose. If we examine the agreement, it provides for rendering of technical services and also professional services ... | 0[ds]There is no gainsaying that running a w ell equipped modern hotel is no ordinary affair. One needs a great deal of expertise skill and technical knowledge for the purpose. If we examine the agreement, it provides for rendering of technical services and also professional services fo r obtaining of Hotel Soaltee, a ... | 0 | 10,978 | 1,074 | ### 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:
elements comprised in the contract. 26. There is no gainsaying that running a w ell equipped mode... |
State of Jammu & Kashmir Vs. M/s. Trikuta Roller Flour Mills Pvt. Ltd. & Others | respective submissions have received our thoughtful consideration. The grant of refund on CST paid, to boost entrepreneur investment was primarily an executive economic policy decision. The scope for judicial scrutiny and interference with the same, has to be restricted to arbitrariness and unreasonableness as observed... | 1[ds]The High Court unfortunately dealt with it very cursorily, as a simple issue of administrative apathy without further discussion. The reasonableness in action on part of the State, in not having withdrawn the benefit completely, balancing competing interests, was considered negatively holding that it could have be... | 1 | 2,026 | 470 | ### 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:
respective submissions have received our thoughtful consideration. The grant of refund on CST paid, to boost entrepreneur in... |
State Of Bombay Vs. Supreme General Films Exchange Ltd.(With Connected Appeal) | or not. As to the decision in ILR (1941) All 558: (AIR 1941 All 298 ), on which so much reliance has been placed by the appellant, it is necessary to point out that the question there was if the right of appeal created by S. 6A of the Court Fees Act, which was added by U. P. Act XIX of 1938, was available as against an... | 0[ds]7. It is necessary to state here what the High Court has clearly pointed out with regard to the amendments made by the Court-fees (Bombay Amendment) Act. 1954 (Bombay Act No. XII of 1954). On the relevant date the whole system of charging court fees in the Bombay High Court on the Original Side was altered and ins... | 0 | 3,891 | 301 | ### 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:
or not. As to the decision in ILR (1941) All 558: (AIR 1941 All 298 ), on which so much reliance has been placed by the ap... |
NATIONAL ALUMINIUM COMPANY LTD Vs. SUBHASH INFRA ENGINEERS PVT. LTD AND ANR | Thousand Four Hundred and Forty Only). The respondent/SIE was directed to deposit the said amount otherwise the appellant will be forced to invoke Arbitration Clause as per Clause 22 of NIT and Clause 87 of the General Conditions of Contract. Then, the first respondent/SIE has disputed the claim made by the appellant, ... | 1[ds]14. Having regard to aforesaid judgment of this Court and various communications between the parties, we are in agreement with the submission made by the learned senior counsel for the appellant that, if the first respondent wants to raise an objection with regard to existence or validity of the arbitration agreem... | 1 | 1,529 | 282 | ### 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:
Thousand Four Hundred and Forty Only). The respondent/SIE was directed to deposit the said amount otherwise the appellant ... |
Malati Sardar Vs. National Insurance Company Ltd | mean the place of business. He sought to distinguish the view taken by this Court in Mantoo Sarkar (supra). 9. The question for consideration thus is whether the Tribunal at Kolkata had the jurisdiction to decide the claim application under Section 166 of the Act when the accident took place outside Kolkata jurisdictio... | 1[ds]12. We are thus of the view that in the face of judgment of this Court in Mantoo Sarkar (supra), the High Court was not justified in setting aside the award of the Tribunal in absence of any failure of justice even if there was merit in the plea of lack of territorial jurisdiction. Moreover, the fact remained that... | 1 | 1,978 | 312 | ### 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:
mean the place of business. He sought to distinguish the view taken by this Court in Mantoo Sarkar (supra). 9. The question ... |
Madhuri Ghosh Vs. Debobroto Dutta | of paragraph 2 of the said Will that the testator has chosen his language very carefully. He makes it clear that after his death house No.77 shall "vest" on my wife Smt. Madhuri Ghosh and my elder daughter Sunanda Ghosh jointly. With this declaration he goes on to further state that after the death of his wife, the sai... | 1[ds]11. It will be noticed on a reading of paragraph 2 of the said Will that the testator has chosen his language very carefully. He makes it clear that after his death house No.77 shall "vest" on my wife Smt. Madhuri Ghosh and my elder daughter Sunanda Ghosh jointly. With this declaration he goes on to further state ... | 1 | 2,699 | 1,109 | ### 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:
of paragraph 2 of the said Will that the testator has chosen his language very carefully. He makes it c... |
Commissioner of Central Excise, Mumbai Vs. M/s. National Organic Chemical Industries Limited | counsel appearing for the respondent submitted that he is not questioning the well-settled proposition of law, but the respondent assessee in this case is entitled to the benefits of the notification on a plain reading of the notification. 24. Mr. Shroff further placed reliance on the following decisions: In Union of I... | 0[ds]We have heard the learned counsel for the parties at length and perused the judgments cited at the Bar. The Tribunals finding that the ethylene and propylene used as refrigerant has been used in or in relation to the manufacture of the same goods. The inevitable and automatic emergence of ethane and methane, there... | 0 | 2,757 | 203 | ### 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:
counsel appearing for the respondent submitted that he is not questioning the well-settled proposition of law, but... |
The Commissioner Of Income-Tax, Madras Vs. A.Gajapathy Naidu | any contractual obligation but purely by a voluntary act of the purchaser. Though the additional amounts accrued to the assessee in a later year, it was regarded as analogous to a trade debt due in respect of the trading operation of the earlier year. On that principle the accounts were reopened in order to bring the i... | 1[ds]9. We shall now proceed to notice some of the decisions cited at the Bar.J. P. Hall and Co. v. Commissioner of Inland revenue, 1921-12 Tax Cas382 is a decision of the Court of Appeal under S. 38 of the Finance (No. 2) Act, 1915 (5 and 6 Geo V, c. 89) dealing with excess profits duty. There it was held that for the... | 1 | 3,583 | 1,610 | ### 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:
any contractual obligation but purely by a voluntary act of the purchaser. Though the additional amounts accrued to the as... |
Sunil Poddar Vs. Union Bank Of India | against a defendant, he may apply to the Court by which the decree was passed for an order to set it aside; and if he satisfies the Court that the summons was not duly served, or that he was prevented by any sufficient cause from appearing when the suit was called on for hearing, the Court shall make an order setting a... | 1[ds]11. Having heard the learned counsel for the parties, in our opinion, the appellants have not made out any ground on the basis of which the order passed by the DRT, confirmed by the DRAT and by the High Court can be set aside. From the record, it is clearly established that the suit was instituted by the plaintiff... | 1 | 5,486 | 1,429 | ### 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:
against a defendant, he may apply to the Court by which the decree was passed for an order to set it aside; ... |
63, Moons Technologies Limited (Formerly Financial Technologies (India) Limited & Others Vs. The Union of India & Others | was appointed to inspect and audit the position, reported that stock worth only Rs.358 crores was available, even though, NSEL, had solemnly stated that it has stocked valued at Rs.2389.36 crores. This means that there was hardly any stock in the warehouses with which deliveries could be effected. All this, left the Tr... | 0[ds]152. The impugned order, records and considers in substantial details, the objections and suggestions received from various parties. In paragraph 7.2 and 7.3 of the impugned order, the Central Government, considered and dealt with the various objections and suggestions raised by and on behalf of FTIL and NSEL. As ... | 0 | 66,829 | 6,613 | ### 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:
was appointed to inspect and audit the position, reported that stock worth only Rs.358 crores was availabl... |
Oriental Gas Co. Ltd. & Ors Vs. State Of West Bengal | the plant. 20. We may also refer to Principles and Practice of Rating Valuation by Roger Emeny and Hector M, Wilks. At page 197 of the 3rd edn ., public utility undertakings are considered and it is said: Public Utility Undertakings were prior to 1950 valued by the profits method. This method was used because public ut... | 0[ds]In fact the very argument of Shri Sen that the principle of capitalisation of net profit as a sole factor to determine compensation is not relevant, appears to us to imply that it is a relevant, principle alongwith others. CAlfred Johr in his Eminent Domain Valuation and Procedure, states in Section 66: At the out... | 0 | 9,944 | 1,308 | ### 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:
the plant. 20. We may also refer to Principles and Practice of Rating Valuation by Roger Emeny an... |
Mohanlal Hargovind Dass Versus Ram Narain And Others, State Of Uttar Pradesh Versus Ram Narain And Others Vs. | Piarey and Ram Achal of the offence under S. 395 I.P.C. of which they were convicted by the Sessions Judge. 2. A detailed narrative of the prosecution story has been given in the judgment of the Sessions Judge and the High Court and it is not necessary for us to repeat the same all over again. Briefly put the allegatio... | 0[ds]In view of the evidence of this witness, the position is that the party in the Jeep would have first to go to Kareha and Karma and then come back to Allahabad and thereafter proceed to the other villages where the branches on thes side were situated. In these circumstances, it would have been more practicable firs... | 0 | 1,109 | 312 | ### 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:
Piarey and Ram Achal of the offence under S. 395 I.P.C. of which they were convicted by the Sessions Judge. 2. A detailed... |
Moumita Podder Vs. Indian Oil Corporation Ltd | life of law is not logic but experience. By pointing out the error which according to us crept into the High Courts judgment the legal position is restored and the rule of law has been ensured its pristine glory. Having performed that duty under Article 136, is it obligatory on this Court to take the matter to its logi... | 0[ds]22. We have considered the submissions made by the learned counsel for the parties. We have also perused the relevant clauses of the policy circular dated 4.9.2003 and the brochure dated 1.11.2004. The public notice dated 19.2.2004 stipulated that the candidate should furnish along with application, details of lan... | 0 | 10,166 | 1,611 | ### 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:
life of law is not logic but experience. By pointing out the error which according to us crept into the Hi... |
STATE BANK OF INDIA Vs. MOHAMMAD BADRUDDIN | service would be in realm of conjectures as to whether punishment of removal would be sustainable on charge No. 4 alone. The judgment referred to is only in respect of punishment which is the second stage after recording of finding of the guilt. In the present case, the pre-requisite condition of communicating reasons ... | 1[ds]18. A perusal of such omitted provisions would show that an opportunity was required to be given to submit a representation on penalty proposed but such requirement had been omitted by 42 nd Constitutional Amendment.20. In K. Manche Gowdas case, the Inquiry Officer recommended that the delinquent may be reduced in... | 1 | 6,143 | 1,150 | ### 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:
service would be in realm of conjectures as to whether punishment of removal would be sustainable on ch... |
State Of Bombay Vs. M/S. Jagmohandas And Another | It is apparent that the dealer cannot apply for refund under S. 13 till an order of assessment is passed. The prescribed form also shows the same thing. The scheme of s. 13 appears to be that the Sales Tax Officer would make first an order of assessment, arrive at the amount of tax due according to the order and then w... | 0[ds]We are unable to appreciate how S. 20 expressly bars the suit. It is admitted that no assessment has been made under the Act and the plaintiff has not in his suit called into question any assessment or order made under the Act. In our opinion, this part of the argument is covered by the decision of this Court in t... | 0 | 2,646 | 524 | ### 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:
It is apparent that the dealer cannot apply for refund under S. 13 till an order of assessment is pas... |
STATE OF ODISHA Vs. SAMAL BARRAGE EMPLOYEES’ UNION | CIVIL APPEAL NO. OF 2022 (Arising out of SLP (Civil) No.4402 of 2021) 1. Leave granted. 2. This appeal challenges the order dated 01.03.2021 passed by the High Court of Orissa at Cuttack in Contempt Case No.896 of 2021. 3. The aforestated Contempt Petition was filed seeking enforcement of the order dated 29.01.2020 pas... | 1[ds]12. As the facts clearly indicate, at no stage, the official respondents were noticed either when the original writ petition, namely, Writ Petition (Civil) No.3442 of 2020 was disposed of or first two contempt petitions were disposed of by the High Court. Even then the matter was considered by the Principal Secret... | 1 | 791 | 108 | ### 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:
CIVIL APPEAL NO. OF 2022 (Arising out of SLP (Civil) No.4402 of 2021) 1. Leave granted. 2. This appeal chall... |
VINAY EKNATH LAD Vs. CHIU MAO CHEN | the firm because the interest is a fluctuating one depending on various factors, such as, the losses incurred by the firm, the advances made by the partners as distinguished from the capital brought in the firm, etc., it cannot be said, unless the accounts are settled in the manner indicated by Section 48 of the Partne... | 1[ds]8. We accept the plaintiffs? stand that the principle of estoppel bars a tenant from questioning the title landlords. This is incorporated in Section 116 of the Evidence Act. But this principle cannot be made applicable in the present case straightaway as the main defence set up by the tenant is that he had acknow... | 1 | 6,155 | 1,185 | ### Instruction:
Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences.
### Input:
the firm because the interest is a fluctuating one depending on various factors, such as, the losses incurred by the firm,... |
State Of M.P. Through C.B.I Vs. Paltan Mallah | & Science Laboratory, New Delhi. During the post-mortem of the deceased Shankar Guha Niyogi, three pellets were extricated from his body. These pellets were sent to Forensic Laboratory at Sagar and thereafter they were deposited in the court by PW-192 and these pellets were also later on obtained from the court and sen... | 1[ds]18. Another incriminating circumstance sought to be proved against the accused is the extra-judicial confession alleged to have been made by the ninth accused Paltan Mallah wherein he named A-1, A-2, A-5 and A-6. It is alleged that he made the confession to PW-105 Satyaprakash Nishad and A-9 is alleged to have dis... | 1 | 7,779 | 697 | ### 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:
& Science Laboratory, New Delhi. During the post-mortem of the deceased Shankar Guha Niyogi, three pellets were extricated ... |
Board Of Directors Of The South Arcot Elec-Tricity Distrib Vs. N.K. Mohammad Khan, Etc | of the right accruing to them under Section25-FF of the Act.In this connection, an additional point urged by Mr. Gupte was that the principal clause of Section25-FF of the Act does not lay down which of the two employers mentioned there in is liable to pay the retrenchment compensation and, consequently, where there is... | 0[ds]In our opinion, it is unnecessary to go into the question whether condition (c) has or has not been satisfied, because it is very clear that condition (b) of the proviso is certainly not satisfied. Under clause (b), the requirement is that the terms and conditions of service applicable to the workman after transfe... | 0 | 4,290 | 1,449 | ### 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:
of the right accruing to them under Section25-FF of the Act.In this connection, an additional point u... |
Suresh Hindurao Patil Vs. The State of Maharashtra and Another | acts on the part of the appellant. There is no proximity either. In the prosecution under Section 306, IPC, much more material is required. The Courts have to be extremely careful as the main person is not available for cross- examination by the appellant/accused. Unless, therefore, there is specific allegation and mat... | 1[ds]9. We have perused the petition along with its annexures and have also carefully considered the arguments advanced by the petitioner as well as learned counsel for Respondent No.2 and learned A.P.P. for the State.It is to be noted that by Order dated 21/01/2019, this Court, while issuing notice, had directed conti... | 1 | 2,650 | 884 | ### 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:
acts on the part of the appellant. There is no proximity either. In the prosecution under Section 306, IPC, ... |
Kapoor & Company Vs. Workmen of Kapoor & Company | K.N. Wanchoo, J.1. This is an appeal by special leave against the decision of the Labour Appellate Tribunal in an industrial matter. The appellant Messrs. Kapoor and Co. (hereinafter called the company) is an industrial concern engaged in manufacturing lace of all kinds. The respondents are the workmen employed by the ... | 1[ds]That formula has been the subject of consideration by this Court recently in Associated Cement Companies Ltd., Dwarka v. Their Workmen, C. A. No. 459 of 1957, D/(AIR 1959 SC 967 ) and has been approved.The Labour Appellate Tribunal, therefore, was not right when it decided to give one months bonus for these two y... | 1 | 973 | 303 | ### 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:
K.N. Wanchoo, J.1. This is an appeal by special leave against the decision of the Labour Appellate Tribunal i... |
FOOD CORPORATION OF INDIA Vs. HEAD LOAD LABOUR CONGRESS (REGN.NO.336/85) | Abhay Manohar Sapre, J. 1. These two appeals namely Civil Appeal No.10530 of 2011 and Civil Appeal No.7961 of 2014 are directed against the final judgment and order dated 15.02.2010 passed by High Court of Kerela in Writ Appeal No.249 of 2009 which arose out of order dated 22.09.2009 passed by Single Judge in O.P. No.1... | 0[ds]7. We also do not find any justifiable reason(s) to deny the relief granted by the High Court to the writ petitioners (respondents herein) insofar as these two appeals are concerned. It is more so when no distinguishing features were pointed out by the appellants on the facts or law, which may persuade this Court ... | 0 | 651 | 177 | ### 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:
Abhay Manohar Sapre, J. 1. These two appeals namely Civil Appeal No.10530 of 2011 and Civil Appeal No.7961 ... |
The General Manager, Southern Railway Vs. Rangachari | that the State ought to be satisfied that any backward class of citizens is not adequately represented in its services. This condition precedent may refer either to the numerical inadequacy of representation in the services or even to the qualitative inadequacy of representation. The advancement of the socially and edu... | 0[ds]In deciding the scope and ambit of the fundamental right of equality of opportunity guaranteed by this Article it is necessary to bear in mind that in construing the relevant Article a technical or pedantic approach trust be avoided. We must have regard to the nature of the fundamental right guaranteed and we must... | 0 | 7,257 | 2,105 | ### Instruction:
Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document.
### Input:
that the State ought to be satisfied that any backward class of citizens is not adequately repres... |
Maharashtra State Mining Corpn Vs. Sunil | passing of the order of termination and therefore the order of dismissal was invalid. The High Court was also of the view that this defect could not be rectified subsequently by the resolution of the Board of Directors. The High Court accordingly set aside the order of termination. Since the respondent had already reti... | 1[ds]5. The High Court was right when it held that an act by a legally incompetent authority is invalid. But it was entirely wrong in holding that such an invalid act cannot be subsequently rectified by ratification of the competent authority. Ratification by definition means the making valid of an act already done. Th... | 1 | 1,624 | 223 | ### 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:
passing of the order of termination and therefore the order of dismissal was invalid. The High Court was als... |
G.N. Verma Vs. State of Jharkhand & Another | Section 141 is a penal provision creating a vicarious liability. It was held as follows: "It is therefore, not sufficient to make a bald cursory statement in a complaint that the Director (arrayed as an accused) is in charge of and responsible to the company for the conduct of the business of the company without anythi... | 1[ds]20. Insofar as the criminal complaint is concerned, it does not contain any allegation against G.N. Verma. The only statement concerning him is that he was the Chief General Manager/deemed Agent of the mine and was exercising supervision, management and control of the mine and in that capacity was bound to see tha... | 1 | 3,744 | 513 | ### 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:
Section 141 is a penal provision creating a vicarious liability. It was held as follows: "It is there... |
State of U.P Vs. Sahrunnisa & Another | to 12:30 and wondering as to why the Azaan was being made he and one Shafi reached the house of A-1. He actually claimed that the daughter of A-1, Shakila (A-2) was beating one boy with a pipe and at that time Siraj Khan and wife of Abdul Hafiz Khan were also present. He has attributed a specific role to Abdul Hafiz Kh... | 0[ds]The answer is clearly in the negative. There can be no dispute that the spectre of superstition had affected the psyche of all these accused persons. The case of the Shahrunnisais one of a Mohammedan lady whose husband and daughter were overpowered by the superstitious belief. The force of the superstition was so ... | 0 | 2,689 | 547 | ### Instruction:
Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction.
### Input:
to 12:30 and wondering as to why the Azaan was being made he and one Shafi reached the house of A-1. He... |
State Of Tamil Nadu Vs. M. Krishnappan | convenient and at the same time, it is also beneficial to the users of the vehicles who do not have to go to the office of the RTO every year to pay the annual taxes. It is also beneficial to the users of the motor vehicles, as they do not have to pay taxes at the increased rates from time to time over the economic lif... | 1[ds]14. A bare reading of the aforestated schedule shows the introduction of weight-cum-value index as the basis for payment of life time tax that there is an in-built rationalization of the rates according to the status of the holder (payment capacity) and the nature of the vehicle (Indian and imported cars). Such a ... | 1 | 4,708 | 1,097 | ### 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:
convenient and at the same time, it is also beneficial to the users of the vehicles who do not have to ... |
Custodian of Evacuee Property Punjab & Others Vs. Jafran Begum | jurisdiction of civil or revenue courts in any matter which can be decided under S. 7. This conclusion is reinforced by the provision contained in S. 4 (l) of the Act which provides that the Act overrides other laws and would thus override S. 9 of the Code of I Civil Procedure on a combined reading of l s. 4, 28 and 46... | 1[ds]We do not however propose to go into them in detail, for it appears to us that the view taken in some of them - conflicts with the view taken in othersThe definition also includes certain properties and- exclude certain other properties but we are not concerned with thatUnder S. 8 any property declared to be evacu... | 1 | 4,858 | 1,382 | ### 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:
jurisdiction of civil or revenue courts in any matter which can be decided under S. 7. This conclusion is reinforc... |
Management of The Kirlampudi Sugar Mills Limited Vs. Industrial Tribunal, A.P. and Another | about Rs. 30 lakhs on its personal security to pay these demands and that is why Rs. 16 lakhs loss is paid off and hence in the year 1962-63 the unsecured debt is shown as Rs. 28 lakhs. The Tribunal was therefore justified in coming to the conclusion that the Company was not in a sound financial position to implement t... | 1[ds]In answer it is pointed out that the contention raised on behalf of the Respondents is implicit in issue 1 (a) which is as follows:1(a) "Whether the demand for categorisation of workers and their fitment and work load should be in accordance with the recommendations of the Wage Board for Sugar industry is justifie... | 1 | 10,098 | 3,621 | ### 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:
about Rs. 30 lakhs on its personal security to pay these demands and that is why Rs. 16 lakhs loss is paid off and hence i... |
M/s. B.P.L. Ltd. & Others Vs. R. Sudhakar & Others | not that the workmen do not have remedy to challenge the order of dismissal. They can raise dispute challenging the said order of dismissal by initiating separate proceedings. Even if the an application was to be made under proviso to Section 33(2)(b), the Tribunal could not have proceeded to pass any order because of ... | 1[ds]11. In the present case then were dismissed from service on account of misconduct during the period when operation of the order of reference remained stayed. Compliance of proviso to Section 33(2)(b) would be required if the dispute was pending on the date when the workmen were dismissed from service. The Tribunal... | 1 | 6,262 | 1,878 | ### 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:
not that the workmen do not have remedy to challenge the order of dismissal. They can raise dispute challenging the said ord... |
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