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M/S STEEL AUTHORITY OF INDIA LIMITED Vs. COMMISSIONER OF CENTRAL EXCISE, BOLPUR | B.R. GAVAI, J. 1. The appeal challenges the order dated 12th November 2013 passed by the Division Bench of the High Court of Calcutta, thereby dismissing the appeal being CEXA No. 23 of 2013 filed by the present appellant, which was in turn filed, challenging the order dated 26th April 2013 passed by the Customs, Excis... | 1[ds]12. We find that the facts of the present case are peculiar. The second application was filed before the CoD on 11th February 2011. In the meantime, the judgment of this Court in the case of Electronics Corporation of India Limited (supra) was delivered on 17th February 2011, which has done away with the mechanism... | 1 | 996 | 120 | ### 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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B.R. GAVAI, J. 1. The appeal challenges the order dated 12th November 2013 passed by the Division Bench of t... |
THE NEW INDIA ASSURANCE COMPANY LIMITED Vs. SOMWATI & ORS. | law Dictionary, 10th edition. The Blacks law dictionary also simultaneously notices the filial consortium, parental consortium and spousal consortium in following manner:- Consortium 1. The benefits that one person, esp. A spouse, is entitled to receive from another, including companionship, cooperation, affection, aid... | 1[ds]The Constitution Bench in Pranay Sethi has referred to amount of Rs.40,000/- to the loss of consortium but the Constitution Bench had not addressed the issue as to whether consortium of Rs.40,000/- is only payable as spousal consortium. The judgment of Pranay Sethi cannot be read to mean that it lays down the prop... | 1 | 6,408 | 3,182 | ### 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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law Dictionary, 10th edition. The Blacks law dictionary also simultaneously notices the filial consorti... |
Reserve Bank of India Vs. M. Hanumaiah and Ors | such a challenge has no force. The situation that arose in this case is typical of the occasions on which this extraordinary power would normally be exercised, and, as we have said already, if the power is abused by the Reserve Bank, what will be struck down would be the action of the Reserve Bank but not the law. An a... | 1[ds]the question (framed in the beginning of the judgment) in the negative and hold and find that on receipt of a requisition in writing from the Reserve Bank of India the Registrar Cooperative Societies is statutorily bound to issue the order of supersession of the committee of management of the cooperative bank. At ... | 1 | 4,518 | 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.
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such a challenge has no force. The situation that arose in this case is typical of the occasions on which this extraordin... |
P. L. Lakhanpal Vs. Union Of India | 1962 when, it is well known. Indias integrity was threatened by China. 4. It was also stated that the continuance of Emergency which was declared over three years ago is a fraud on the Constitution. We were told that the President in his address to the Parliament in February this year did not state that the Emergency c... | 0[ds]The Article requires only a declaration of emergency threatening the security of India by one of the causes mentioned. The words to that effect" can have no other meaning. The power to make the declaration can no doubt be exercised only when the President is satisfied about the emergency, but we do not see that th... | 0 | 2,501 | 1,170 | ### 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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1962 when, it is well known. Indias integrity was threatened by China. 4. It was also stated that the continuance of Emerg... |
Mrs. Kunda S. Kadam Vs. Dr. K. K. Soman And Others | Krishna Iyer, J. 1. These two civil appeals revolve round the appointment to the post of Deputy Municipal Commissioner in the Municipal Corporation of Greater Bombay. The appellant in C.A. 1954 of 1978 was one of the applicants for the post. By way of an aside we mention that the other appeal, C.A. 1955 of 1978, does n... | 1[ds]We are not called upon to state what the powers of the Corporation in such a situation are. It was also open to the State Government even if the Corporation had made an appointment to confirm or not to confirm it, depending on its own view of the matter. We mention all this only to emphasize that it was too early ... | 1 | 959 | 397 | ### 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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Krishna Iyer, J. 1. These two civil appeals revolve round the appointment to the post of Deputy Municipal Commissioner in t... |
Ram Pershad Vs. Commissioner Of Income-Tax, New Delhi | the business of the company shall be in the hand of the Managing Director of the company who shall have power and authority on behalf of the company to do the several things specified therein which are usually necessary and desirable for the management of the affairs of the company. Article 137 provides that the receip... | 0[ds]12. A detailed consideration of all the cases cited and the passages from text books referred to before us do not assist us in coming to the conclusion that the test for determining whether the person employed by a company is a servant or agent is solely dependent on the extent of supervision and control exercised... | 0 | 4,666 | 1,160 | ### 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 business of the company shall be in the hand of the Managing Director of the company who shall have power and authorit... |
M/s. Sher-E-Punjab Silk Stores Delh Vs. Commissioner of Income Tax, New Delhi | such partner who is deceased and shall, for any year of assessment up to and including the assessment for the year ending on the 31st day of March, 1953, be made before the 28th February, 1953, and for any year of assessment subsequent thereto, be made -(a) where the firm is not registered under the Indian Partnership ... | 0[ds]3. From a reading of these provisions it is clear that in the case of an application for renewal it is incumbent on the part of the assessee to have divided the previous years profits. This conclusion appears to be obvious from Section 26A read with Rules 2, 3, 6 and the forms set out earlier.The contention of Mr.... | 0 | 1,744 | 208 | ### 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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such partner who is deceased and shall, for any year of assessment up to and including the assessment for th... |
COMMISSIONER OF INCOME TAX (EXEMPTIONS) KOLKATA Vs. JAGANNATH GUPTA FAMILY TRUST | donation, ingenuine activities and not carrying out activities as per object of the trust.?8. Aggrieved by the order of cancellation dated 15.03.2016, the respondent-assessee has filed an appeal before the Income Tax Appellate Tribunal, at Kolkata ‘B? Bench in Income Tax Appeal No.597/KOL/2016. The appellate authority,... | 1[ds]13. Having heard the learned counsel for the parties, we have perused the order passed by the Commissioner of Income Tax (Exemptions), Kolkata; the appellate-authority and the order impugned in this appeal. In the proceedings initiated for the cancellation of registration, mainly it was the case of the respondent-... | 1 | 1,997 | 225 | ### 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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donation, ingenuine activities and not carrying out activities as per object of the trust.?8. Aggrieved by the order of ca... |
Ashish Batham Vs. State of Madhya Pradesh | the bushes near the Hanuman temple. Apart from the story striking to be stale, unnatural and unbelievable that after the occurrence the appellant had gone to the temple area to hide these two things though he was said to have been going towards the bus stand, suggestive of the fact that he was only leaving for Bhopal. ... | 1[ds](9) So far as the case on hand is concerned, it becomes necessary even at the threshold to find out whether the Courts below really endeavoured to find out that each and every incriminating circumstance has been clearly established by reliable and clinching evidence. In a case like the one before us entirely resti... | 1 | 7,564 | 1,529 | ### Instruction:
Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document.
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the bushes near the Hanuman temple. Apart from the story striking to be stale, unnatural and unbelievable t... |
The Principal Secretary, Revenue Department, State of Telangana & Anr Vs. B. Rangaswamy (Dead) By Lrs. & Ors | of three years from the date when the right to sue first accrues to obtain declaration is applicable. On this aspect, the learned senior counsel for the plaintiffs has also relied on Daya Singh & Anr. vs. Gurdev Singh (dead) by Lrs. & Ors. (2010) 2 SCC 194 and MST Rukhmabai vs. Lala Laxminarayan & Ors. AIR 1960 SC 335 ... | 0[ds]13. In the instant case, though the issues relating to survey and re-survey of the land had arisen keeping in view the identity of the property being the question, the fact remains that the suit is not predicated on that basis to qualify to be a suit under Section 14 of the Andhra Pradesh and Boundaries Act, 1923 ... | 0 | 3,293 | 4,907 | ### 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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of three years from the date when the right to sue first accrues to obtain declaration is applica... |
SAT PAL Vs. STATE OF H.P | K.T. Thomas and R. P. Sethi, JJ. 1. In this case, the brother of the Appellant was murdered during sometime either in the night of 8.8.1996 or during the day thereafter. The Appellants version was that the murder was committed by Appellant Sat Pal (brother of the deceased) in conjunction with one Gulab Singh who is sai... | 1[ds]2. The name of the deceased was Balish alias Bali. From the post mortem report issued by P.W. 12 doctor, it can be seen that his death was on account of head injury sustained by him. The dead body of Balish was seen for the first time by P.W. 4, Bahadur Singh at 5.00 p.m. on 9.8.1996 near the Jakhana-Mashu Road.3.... | 1 | 416 | 278 | ### Instruction:
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K.T. Thomas and R. P. Sethi, JJ. 1. In this case, the brother of the Appellant was murdered during some... |
Bharat Heavy Electricals Ltd Vs. M. Chandrasekhar Reddy | proved facts: (A) Title deeds deposited with the appellant for borrowing money were surreptitiously taken away without the permission of the appellant which act amounts to theft. (B) The said documents so stolen were admitted to be used for the purpose of selling the property which amounts to fraud. (C) The documents s... | 1[ds]14. With respect, we are unable to agree with these findings of the High Court. In our opinion, there is no such thing as unlimited jurisdiction vested with any judicial or quasi judicial forum. An unfettered discretion is a sworn enemy of the constitutional guaranty against discrimination. An unlimited jurisdicti... | 1 | 3,238 | 406 | ### 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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proved facts: (A) Title deeds deposited with the appellant for borrowing money were surreptitious... |
Nagaiah & Others Vs. Chowdamma (dead) By Lrs. & Another | declared who desires to be himself appointed in the place of the next friend, the Court shall remove the next friend unless it considers, for reasons to be recorded, that the guardian ought not to be appointed as the next friend of the minor. Order XXXII, Rules 12, 13 and 14 of the Code empower the minor plaintiff to t... | 1[ds]6. There cannot be any dispute that the plaintiff no.1 did not and does not come within the meaning of aas specified inNot only, is there no provision for appointment of next friend by the Court, but the permission of the Court is also noteven in respect of minor defendants, various High Courts are consistent in t... | 1 | 6,291 | 1,658 | ### 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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declared who desires to be himself appointed in the place of the next friend, the Court shall remove the nex... |
Purnendu Nath Tagore Vs. Administrator-General of West Bengal & Others | the construction which we have placed on clause 10. Clause 20 directs as follows :"as to the house and lands which I have in Clacutta and in the mofussil as also such houses and lands if any as may be purchased in future, my executors and trustees shall be competent to increase the income of the estate by letting out t... | 0[ds]Therefore, if by the terms of a will an absolute interest in certain property is given to a legatee, any subsequent provision postoponing the legatees right to possession of the property for any period beyond the majority of such legatee is contrary to the provisions of S. 138, Succession Act, and as such is void.... | 0 | 3,118 | 867 | ### Instruction:
Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding.
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the construction which we have placed on clause 10. Clause 20 directs as follows :"as to the house an... |
Damadilal and Others Vs. Parashram and Others | statutory tenant sub-lets a part of the premises he does not thereby confer any estate or interest in the sub-tenant. A statutory tenant has no estate or interest in himself and he cannot carve something out of nothing. The sub-tenant, like the statutory tenant, has only a personal right or privilege." In England the s... | 0[ds]The concept of statutory tenancy under the English Rent Acts and under the Indian statutes like the one we are concerned with in this appeal rests on different foundations. It must therefore be held that the predecessors-in-interest of the present respondents had a heritable interest in the premises and consequent... | 0 | 5,346 | 835 | ### 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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statutory tenant sub-lets a part of the premises he does not thereby confer any estate or interest in the sub... |
Brahma Nand Puri Vs. Neki Puri | and not hereditary anyone who lays claims to the office on the basis of a hereditary title resting on Chelaship simpliciter or Gurbhaiship simpliciter must establish it. (See also Jiwan Das v. Hira Das, AIR 1937 Lah 311). Though, no doubt, the usage of one institution is no guide to that of another, it may be mentioned... | 0[ds]Though, no doubt, the usage of one institution is no guide to that of another, it may be mentioned that in regard to the succession of the Mahantship, of a Thakurdwara belonging to the Ram Kabir Sect of Hindu Bairagis in district Jullundur in the Punjab this Court held in Sital Das v. Sant Ram, AIR 1954 SC 606 , ... | 0 | 3,214 | 1,007 | ### 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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and not hereditary anyone who lays claims to the office on the basis of a hereditary title restin... |
Ramkishore Lal Vs. Kamal Narain | registered, in November the same year however Ramsaranlals three brothers brought a suit in the Court of the Civil Judge at Raipur in which they sought to have this registered award set aside. Ramsaranlal and other co-sharers were impleaded in the suit as defendants. After some evidence had been recorded the hearing wa... | 1[ds]12. The golden rule of construction, it has been said, is to ascertain the intention of the parties to the instrument after considering all the words, in their ordinary, natural sense. To ascertain this intention the Court has to consider the relevant portion of the document as a whole and also to take into accoun... | 1 | 5,546 | 1,945 | ### 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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registered, in November the same year however Ramsaranlals three brothers brought a suit in the Court o... |
Jabal C.Lashkari Vs. Official Liquidator (Prasad Mills Ltd.) | first chance/opportunity that the Rent Act contemplates as a legal necessity incumbent on the landlord to afford to the tenant. Admittedly, in the present case, no such notice as contemplated by Section 13 (2) has been issued by the landlord; at least none has been brought to our notice. In such a situation, the readin... | 0[ds]17. Section 12 of the Rent Act confers protection on a tenant who is regularly paying or is ready and willing to pay the rent. In the present case while there is no doubt that rent has not been paid, equally, there is no doubt that the secured creditors including the State Bank of India had all along been ready an... | 0 | 6,282 | 1,105 | ### 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.
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first chance/opportunity that the Rent Act contemplates as a legal necessity incumbent on the lan... |
Alchemist Asset Reconstruction Company Ltd Vs. Hotel Gaudavan Pvt. Ltd. and Ors | 1. Leave granted. 2. Heard the learned Senior Counsel/Counsel appearing for the parties. 3. The facts of the present case disclose a very sorry state of affairs. Several proceedings had been taken and ultimately a petition filed under the Insolvency and Bankruptcy Code, 2016 was admitted on 31.03.2017 by the National C... | 1[ds]The mandate of the new Insolvency Code is that the moment an insolvency petition is admitted, the moratorium that comes into effect Under Section 14(1)(a) expressly interdicts institution or continuation of pending suits or proceedings against Corporate DebtorsThis being the case, we are surprised that an arbitrat... | 1 | 408 | 86 | ### 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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1. Leave granted. 2. Heard the learned Senior Counsel/Counsel appearing for the parties. 3. The f... |
MARWARI BALIKA VIDYALAYA Vs. ASHA SRIVASTAVA | Senior Counsel relied upon the decision of this Court in Committee of Management, Delhi Public School & Anr. v. M.K. Gandhi & Ors. (supra) wherein the question of termination of services of teachers was involved. The Committee of Management filed a Civil Appeal in this Court against the decision of Allahabad High Court... | 0[ds]It has been clearly averred in the Writ Application that the appointment was, at first instance, on probation for two years. It is not in dispute that in the instant case that approval of the appointment had been made with retrospective effect 1st January 2001 and no approval admittedly has been obtained for the p... | 0 | 3,365 | 1,680 | ### 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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Senior Counsel relied upon the decision of this Court in Committee of Management, Delhi Public School &... |
SUZUKI PARASRAMPURIA SUITINGS PVT. LTD Vs. THE OFFICIAL LIQUIDATOR OF MAHENDRA PETROCHEMICALS LTD (IN LIQUIDATION) AND ORS | of Property Act. Therefore, the Company Judge opined that Section 130 of the Transfer of the Property Act was not applicable in the facts of the case leaving it open for the parties to take all available contentions before the appropriate court/forum in appropriate proceedings. In the nature of the controversy sought t... | 0[ds]8. We have considered the submissions on behalf of the parties.That the unregistered MOU was without permission of the BIFR, it was not disclosed to the Company Court till the winding-up order was passed on 19.04.2010, the assignment of debt of Rs.160 crores by IFCI for Rs.85 lacs are admitted facts.The order date... | 0 | 2,176 | 498 | ### Instruction:
Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding.
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of Property Act. Therefore, the Company Judge opined that Section 130 of the Transfer of the Property Act was not... |
Jai Narain Vs. The State of Uttar Pradesh | Dwivedi, J.1. The appellant appeals from the judgment of the Allahabad High Court affirming the judgment of the Special Judge, Saharanpur. The Special Judge convicted him under S. 161 I.P.C. read with Section 5 (2) of the Prevention of Corruption Act and sentenced him to one years rigorous imprisonment as well as a fin... | 0[ds]7. Counsel for the appellant has relied on Ram Prakash Arora v. State of Punjab, AIR 1973 SC 498 . In this case the prosecution evidence consisted only of the witnesses who had participated in the trap. For one reason or the other, it was found that the evidence of four witnesses was not free from blemish. The app... | 0 | 845 | 224 | ### Instruction:
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Dwivedi, J.1. The appellant appeals from the judgment of the Allahabad High Court affirming the judgment of ... |
Sudhakar T. Pendse Vs. Income Tax Officer | Oral Judgment: (J.P. Devadhar, J.)1. The basic question raised in this appeal is, whether the Tribunal is justified in sustaining the addition of Rs.3.17 crores as undisclosed income in the hands of the appellant.2. The Assessment year involved herein is the Block period from 1-4-1995 to 19-12-2001.3. The appellant is ... | 0[ds]9. We see no merit in the above contentions because, having agreed before the CIT (A) that it is difficult for him to prove that he has changed the method of accounting from mercantile system to cash system and, therefore, the amount of Rs.3.17 crores be taxed as undisclosed income in the block period, it is not o... | 0 | 892 | 235 | ### 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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Oral Judgment: (J.P. Devadhar, J.)1. The basic question raised in this appeal is, whether the Tribunal ... |
Rajni Sanghi Vs. Western Indian State Motors Ltd. | is concerned, we find that clause (c) of Section 30 does not attract the principle of ejusdem generis so far as the term otherwise invalid is concerned. That ground for setting aside award is quite wide in amplitude and available to the concerned court if it finds that the award requires to be treated as invalid becaus... | 0[ds]25. So far as the argument in favour of maintaining the award is concerned, we find that clause (c) of Section 30 does not attract the principle of ejusdem generis so far as the term otherwise invalid is concerned. That ground for setting aside award is quite wide in amplitude and available to the concerned court ... | 0 | 9,442 | 1,061 | ### 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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is concerned, we find that clause (c) of Section 30 does not attract the principle of ejusdem generis s... |
Union of India Vs. Messrs R. B. Ch. Raghunath Singh and Company | 1. These two appeals by certificate arise out of the same proceedings between the parties. The respondent company applied to the trial Court for the filing of the arbitration agreement under Section 20 of the Arbitration Act, 1940 hereinafter called the Act and for appointment of an arbitrator under Section 8. The appl... | 0[ds]We did not find any substance in this argument. The court had no power to supply the vacancy under Section 8(1)(b) only if the arbitration agreement did show that the parties did not intend to supply the vacancy. If no such intention could be called out from the arbitration clause, the court could supply theour op... | 0 | 663 | 177 | ### 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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1. These two appeals by certificate arise out of the same proceedings between the parties. The respondent company applied ... |
Union of India Vs. Watkins Mayor & Co | not any contract, express or implied, to justify the award of interest. Nor is interest payable by virtue of any provision of the law governing the case. Under the Interest Act, 1839, 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 w... | 1[ds]We do not consider there is any substance in this submission. Mr. J. S. Mongia was deputed by the defendant to conduct an enquiry and make a report with regard to storage charges claimed by the plaintiff. It appears from his, dated August 5, 1947 that Mr. Mongia calculated that the storage of iron sheets took abou... | 1 | 2,682 | 879 | ### 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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not any contract, express or implied, to justify the award of interest. Nor is interest payable by virtue of any provisio... |
State Of Madhya Pradesh Vs. Laxmishankar Mishra And Ors. Etc | period of 7 years in the same institution" would, in the context of the rule and the consequences flowing from it, mean only a substantive post on which the Head Master/Principal was confirmed and the confirmed holder of the substantive post for a period of 7 years would be entitled to absorption as envisaged by rule 3... | 0[ds]In fact, if at all this decision helps, it would fortify the view which we are taking that the post is independent of the holder thereof and the requirement of the rule is that the person claiming to be absorbed must have worked i n the post of Head Master/Principal.erhaps there would have been some merit in the s... | 0 | 1,850 | 356 | ### 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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period of 7 years in the same institution" would, in the context of the rule and the consequences flowing from it, mean o... |
Varada Bhavanarayana Rao Vs. State Of Andhra Pradesh & Ors | the present Explanation 1 to Section 3 (2) (d) was added by the Madras Estates Land (Amendment) Act II of 1945. There was a provision by which the amendment was to be deemed to have effect as from the date when the Madras Estates Land (Third Amendment) Act, 1936, bridging in sub-cl. (d) of cl. (2) of S. 3 in its presen... | 0[ds]13. Another reason which makes it difficult for us to accept Mr. Rama Reddys argument is the actual language used in Explanation (1) The last portion of the Explanation clearly indicates that the conclusion that the area is an "estate" can be drawn even where the whole of the village is not included in the grant, ... | 0 | 3,532 | 528 | ### Instruction:
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### Input:
the present Explanation 1 to Section 3 (2) (d) was added by the Madras Estates Land (Amendment) Act II of 1945. There was a... |
C.I.T., West Bengal Iii, Calcutta Vs. Carew & Co. Ltd | the same income under an identical head of income under the Act. The income from each head under section 6 is not under the Act subjected to tax separately, unless the legislature has used words to indicate a comparison of similar incomes but it is the total income which is computed and assessed as such, in respect of ... | 0[ds]If there were no differences in the phraseology of s. 49D(1) of the Act and art. IV of the Agreement the view expressed by the High Court could have been successfully challenged. But the view of the High Court oil interpretation of arts. IV and VI of the Agreement is quite correct and I approve of the same. I have... | 0 | 3,353 | 673 | ### 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 same income under an identical head of income under the Act. The income from each head under section 6 is not under th... |
Commissioner of Income Tax, Bombay City I, Bombay Vs. Amarchand N. Shroff, By His Heirs & Legal Representatives | s. 24B do not extend to tax liability of the estate of a deceased person beyond the previous or the account year in which that person dies. In support if his contention counsel for the Commissioner of Income-tax relied upon the scheme of the Act as given in Additional Income-tax Officer v. E. Alfred [[1962] 44 I.T.R. 4... | 0[ds]In the present case the accounts were kept on cash basis. The assessee under the Act has ordinarily to be a living person and cannot be a dead person because his legal personality ceases on his death. By s. 24B the legal personality of a deceased assessee is extended for the duration of the entire previous year in... | 0 | 3,268 | 280 | ### Instruction:
Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages.
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s. 24B do not extend to tax liability of the estate of a deceased person beyond the previous or the accoun... |
CEMENT WORKERS MANDAL Vs. GLOBAL CEMENTS LTD(HMP CEMENTS LTD.) | person or authority, including in appropriate cases, any Government, within those territories directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other ... | 1[ds]21. In our considered opinion, the Division Bench erred in not noticing Article 226(2) of the Constitution of India while deciding the question arising in this case22. In other words, the question as to whether the Gujarat High Court has territorial jurisdiction to entertain the appellants petition(SCA) or not, sh... | 1 | 2,791 | 607 | ### Instruction:
Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding.
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person or authority, including in appropriate cases, any Government, within those territories directi... |
State Of Orissa Vs. Chandra Sekhar Singh Bhoi Etc | in the Government under s. 45 as amended, there is compulsory acquisition of land which may be laid only if the law provides for payment to the landholder for extinction of his interest, the market value of that part of the surplus land which is within the ceiling limit under the principal Act. This argument found favo... | 1[ds]By the amendment made in the Constitution by the 17th Amendment Act the principal Act is incorporated in the Ninth Schedule to the Constitution with effect from june 20, 1964. The Act is therefore not liable to be attacked on the plea that it is inconsistent with or takes away or abridges any of the fundamental ri... | 1 | 3,161 | 541 | ### Instruction:
Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages.
### Input:
in the Government under s. 45 as amended, there is compulsory acquisition of land which may be laid only i... |
Pukhraj Vs. D.R. Kohli, Collector of Central Excise, Madhya Pradesh, Vidarbha & Another | provisions of the Sea Customs Act, S. 178A is also applicable. This position is not disputed.6. Now S. 178A places the burden of proving that the goods are not smuggled goods on the person from whose possession the said goods are seized, where it appears that the said goods are seized under the provisions of the Sea Cu... | 0[ds]It appears that in dealing with the question as to whether the personal penalty imposed upon the appellant is valid or not, the High Court has relied on two considerations. It has held that the jurisdiction of the officer to impose a personal penalty was confined to the imposition of a penalty only up to Rs. 1,000... | 0 | 2,887 | 1,512 | ### 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:
provisions of the Sea Customs Act, S. 178A is also applicable. This position is not disputed.6. Now S. 178A places the burde... |
Dineshchandra Jamnadas Gandhi Vs. State of Gujarat & Another | in the great majority of cases, it is irrelevant whether he knows it or not. It must usually be proved that D intended to cause, or was reckless whether he caused, the event or state of affairs which, as a matter of fact, is forbidden by law; but it is quite immaterial to his conviction (though it may affect his punish... | 0[ds]4. We have heard Sri V. B. Ganatra learned counsel for the appellant and Sri Girish Chandra and Sri M. V. Goswami learned counsel for Respondents 1 and 2, respectively. Though a number of grounds are taken in the memorandum of the petition for special leave, however, at the hearing Sri Ganatra confined his submiss... | 0 | 5,414 | 1,260 | ### Instruction:
Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction.
### Input:
in the great majority of cases, it is irrelevant whether he knows it or not. It must usually be proved that D intended to ca... |
Bahadur Singh & Others Vs. State of Madhya Pradesh | Babu Lal and he has testified that on 7.8.2005 he, his brother Babu Lal and Shiv Narayan along with their servant Bhanwar were coming back from the agricultural field at about 6.30 p.m. and his brother Babu Lal was proceeding alone on his motorcycle and he, Shiv Narayan and servant Bhanwar were coming behind him on ano... | 0[ds]12. The appellants on their arrest gave information which led to the recovery of weapons used by them during the occurrence. PW2 Rameshwar, PW5 Pare Singh and PW6 Jagdish have testified that the appellants in their presence gave individual information and took and produced the weapons from the hidden place and the... | 0 | 2,123 | 286 | ### 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:
Babu Lal and he has testified that on 7.8.2005 he, his brother Babu Lal and Shiv Narayan along with t... |
K. RAGUPATHI Vs. THE STATE OF UTTAR PRADESH AND OTHERS | to be filled up, the University publishes an open advertisement inviting applications from all interested candidates. Applications so received are then placed before a duly constituted Selection Committee, which holds interviews of the applicants/candidates for the various posts. It is on the basis of the recommendatio... | 0[ds]10. As per the affidavit of the said University, it could thus clearly be seen that, for every vacant post, the said University publishes an open advertisement inviting applications from all the interested candidates. It would further show that the appointments are made only after the candidates are selected by th... | 0 | 1,839 | 594 | ### 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:
to be filled up, the University publishes an open advertisement inviting applications from all interested can... |
2The Commissioner Of Income-Tax, Bombay Vs. M/S. Filmistan Ltd | Kapur, J.1. This is an appeal pursuant to a certificate of the High Court of Bombay under S. 66A(2) of the Indian Income-tax Act (hereinafter called Act). For the year of assessment 1949-50 the respondent was assessed to a sum of Rs. 1,80,646-14-0 as income-tax and super-tax on June 2, 1954. A notice of demand under S.... | 0[ds]The controversy between the parties revolves round the words "no appeal shall lie." The contention which was raised before us was that these words mean that there is no right of appeal till the tax is paid and therefore if the tax has not been paid the memorandum of appeal cannot be filed and if filed it is merely... | 0 | 890 | 293 | ### 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:
Kapur, J.1. This is an appeal pursuant to a certificate of the High Court of Bombay under S. 66A(2) of the Indian Income-ta... |
Inspector of Police, Tamil Nadu Vs. John David | the accused is the two suitcases [MOs 13 & 14]. Raja Chidambaram [PW-37], the room mate of the accused, stated in his evidence that the two suitcases in which the blood of the deceased was found belong to the accused. He also stated that MO-22, which is a bag in which the head of the deceased was recovered, also belong... | 1[ds]37. Therefore, if we look at the case, we find that the prosecution has succeeded in proving its case on circumstantial evidence. In the present case all the witnesses are independent and respectable eye-witnesses and they have not been shown to have any axe to grind against the accused. And from the evidence of t... | 1 | 9,929 | 589 | ### 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 accused is the two suitcases [MOs 13 & 14]. Raja Chidambaram [PW-37], the room mate of the ac... |
Prof. Balraj Madhok Vs. Shashi Bhushan & Others | It was said, on behalf of the appellants that those allegations were nothing but propaganda stunts and they were wholly devoid of truth. If that is so, it is in public interest that the falsity of that propaganda should be exposed. The confidence in our electoral machinery should not be allowed to be corroded by false ... | 0[ds]5. From the observations made by the learned trial Judge, it is clear that the theory that the ballot papers were mechanically marked it absolutely without any foundation. Once the theory that thousands of ballot papers were mechanically marked is rejected, the remaining part of the appellants case cannot have muc... | 0 | 2,203 | 188 | ### 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:
It was said, on behalf of the appellants that those allegations were nothing but propaganda stunt... |
M/S.Bharat Coking Coal Ltd Vs. New Govindpur Pvt.Ltd | to urge so as to allow this appeal. In the circumstances, Sri Mallick had to fairly concede that order of the court below cannot be set aside for the aforesaid reasons and points replied by the learned counsel for the respondents." 24. The auditor appointed by the appellant company itself could not be satisfied regardi... | 0[ds]23. We have perused the grounds taken in SLP which, in our opinion have no merit because the management of Coking Coal Mines in India was taken over by the Central Government under the provisions of the Ordinance promulgated by the President of India known as Coking Coal Mines (Emergency Provisions) Ordinance on o... | 0 | 5,251 | 882 | ### 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:
to urge so as to allow this appeal. In the circumstances, Sri Mallick had to fairly concede that order of the... |
Sales Tax Officer, Pilibhit Vs. Budh Prakash Jai Prakash | an action for unliquidated damages. Similarly, if an agreement to sell be broken by the seller, the buyer has only a personal remedy against the seller. The goods are the property of the seller and he can dispose of them. They may be taken in execution for his debts, and if he becomes bankrupt they pass to his trustee ... | 0[ds]6. This conclusion is further strengthened, when regard is had to the nature of the levy.Section 3 of the Act provides for a tax being imposed at three pies in the rupee on the turnover of the assessee, and "turnover" is defined in section 2(i) as "the aggregate of the proceeds of sale by a dealer", and that would... | 0 | 2,579 | 492 | ### 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:
an action for unliquidated damages. Similarly, if an agreement to sell be broken by the seller, the buyer ... |
Rishabh Choudhary Vs. Union Of India | declared by 1st June. In other words, the examination conducted by the College on 3rd April, 2016 being CGMAT-2016 was in defiance of the notification issued by the Medical Council of India, and the schedule approved by this Court. Similarly, admission granted to the petitioner on 19th April, 2016 was notwithstanding t... | 1[ds]14. Furthermore we find that counseling was carried out insofar as the petitioner is concerned on 19th April, 2016 which is after the decision of this Court on 11th April, 2016 recalling the decision dated 18th July, 2013. There was absolutely no occasion for the College to have conducted the counseling after the ... | 1 | 1,721 | 376 | ### 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:
declared by 1st June. In other words, the examination conducted by the College on 3rd April, 2016 being CG... |
Rajnarain Singh Vs. The Chairman, Patna Administration Committee, Patna, And Another | are agreed, cannot be delegated by a Legislature which is not unfettered."11. In our opinion, the majority view was that an executive authority can be authorised to modify either existing or future laws but not in any essential feature. Exactly what constitutes an essential feature cannot be enunciated in general terms... | 1[ds]The Act of 1922 applied to the whole of Bihar and Orissa and one of its essential features is that no municipality competent to tax shall be thrust upon a locality without giving its inhabitants a chance of being heard and of being given an opportunity to object. Sections 4, 5 and 6 afford a statutory guarantee to... | 1 | 5,257 | 803 | ### 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:
are agreed, cannot be delegated by a Legislature which is not unfettered."11. In our opinion, the maj... |
Jagjit Singh @ Jagga Vs. State of Punjab | creates a serious doubt about the truthfulness of this witness. Thereafter she repeated the involvement of the appellant in her subsequent two statements. If there was any evidence to prove that PW-6, Billo, who was then aged about 7 years had ever an opportunity of seeing the appellant and identifying him, her evidenc... | 1[ds]18. The learned Sessions Judge came to the conclusion that PW-6 Billo was a reliable witness and though a child witness she could be relied upon as she impressed the Court as a truthful eye witness. The Trial Court noticed the fact that PW-6 was examined as a witness almost 5 years after the occurrence and during ... | 1 | 7,251 | 1,063 | ### 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:
creates a serious doubt about the truthfulness of this witness. Thereafter she repeated the involveme... |
Vijayawada Municipal Council Vs. Andhra Pradesh State Electricity Board and Another | harmony with the clear meanings of the terms of section 5(3), read with section 6(2) (a) of the Act as indicated above. This is the salutary rule of construction resting upon the doctrine that a statute, like any other document, must be read as a whole to extract its meaning and intendment correctly.10. Learned Counsel... | 0[ds]It appears that no question was raised before the High Court as to the nature of the obligation incurred by the Municipal Council to pay the amount claimed apart from its right to appropriate the amount itself as part of the assets which had, it was asserted, not vested in the State Government. An attempt was, how... | 0 | 2,834 | 1,078 | ### 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:
harmony with the clear meanings of the terms of section 5(3), read with section 6(2) (a) of the Act as indicated above. Th... |
Vikrambhai Bhagabhai Patel & Others Vs. Dy. General Manager, ONGC Ltd. & Others | be determined, should be seen. When so seen, if it is found that the land covered by the sale or award, as the case may be, is almost identical with the acquired land under consideration, the land under the sale of the market value determined for the land in the award could be taken by the Court as the price basis for ... | 1[ds]No application was moved under Order 41 Rule 27 of the C.P.C. for taking on record the award passed with respect to Julund. The High Court did not rely upon the earlier award, in respect of village Dhamasana itself, though it was relied upon by the Reference Court. In our opinion it was impermissible to consider t... | 1 | 2,389 | 662 | ### 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:
be determined, should be seen. When so seen, if it is found that the land covered by the sale or award, as the ca... |
Arun Kumar Jagatramka Vs. Jindal Steel and Power Ltd. & Anr | do not find any merit in the challenge to the validity of Regulation 2B. E Epilogue 85. In paragraph 24 of our judgment, we noted the two issues which had been framed by the NCLAT in the impugned judgment in the first of the appeals. The first issue was Whether in a liquidation proceeding under [IBC] the Scheme for Com... | 0[ds]25. The first of the above issues has been answered in the affirmative by the NCLAT, to which, as Mr Sandeep Bajaj, learned Counsel for the appellant noted, there is no challenge. The real bone of dispute relates to the second issue.47. The underlying purpose of introducing Section 29A was adverted to in a judgmen... | 0 | 24,282 | 8,515 | ### 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:
do not find any merit in the challenge to the validity of Regulation 2B. E Epilogue 85. In paragraph 24 of o... |
M/S. Inteltek Automation Private Limited & Others Vs. Indusind Bank Limited & Another | In case of one of the loan from Bank the matter of repayment is in dispute and court matters are going on.7. The Auditors report also of 25 August 2005 expressly refers to the circumstance that there was a dispute pending between the company and its bankers over the charging of interest and the payment to the bankers o... | 1[ds]5. In the present case, the question before the Tribunal and indeed in these proceedings is, whether the petitioners have made an admission in full or part of the amount of debt due to the First Respondent. The report of the Directors for the year ending 31 March 2005 contains, at the outset, the following stateme... | 1 | 2,000 | 1,254 | ### 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:
In case of one of the loan from Bank the matter of repayment is in dispute and court matters are going ... |
British India Corporation Vs. Its Workmen and Others | woollen mills in question should not be treated as a separate unit, but must be regarded as an integral part of a bigger concern consisting of all the undertakings owned or managed by the appellant. That being so, we do not think that there is any substance in the grievance made by Sri Pathak that the financial positio... | 0[ds]This argument cannot, however, be upheld. As was pointed out in a subsequent decision of this Court in Garment Cleaning Works v. Its workmen [1961I L.L.J. 513], the observations made in the case of Bharatkhand Company, Ltd. [1960II L.L.J. 21] (vide supra), do not justify the proposition that a gratuity scheme must... | 0 | 2,160 | 1,312 | ### 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:
woollen mills in question should not be treated as a separate unit, but must be regarded as an integral pa... |
M/S. Trambak Rubber Industries Ltd Vs. Nashik Workers Union | the industrial Court as well as the High Court was whether the persons whose engagement was terminated were the employees within the meaning of Section 3(5) of the Act read with Section 2(s) of the Industrial Disputes Act. The Industrial Court upheld the plea of the Management that they were trainees. In recording the ... | 0[ds]8. We are of the view that the High Court has not transgressed the limitations inherent in the grant of the writ of certiorari. The High Court had rightly perceived of patent illegality in the impugned award warranting interference in exercise of its writ jurisdiction. The High Court is right in pointing out that ... | 0 | 1,366 | 544 | ### 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 industrial Court as well as the High Court was whether the persons whose engagement was termi... |
The Bank of New York Mellon Vs. Zenith Infotech Limited & Others | 1 but which also possess the characteristics and trappings of finality in that, the orders may adversely affect a valuable right of the party or decide an important aspect of the trial in an ancillary proceeding. Before such an order can be a judgment the adverse effect on the party concerned must be direct and immedia... | 1[ds]17. In Shah Babulal Khimji vs. Jayaben D. KaniaAnr., (1981) 4 SCC 8 , the Supreme Court has, inter alia, laid down the followingmay also be interlocutory orders which are not covered by Order 43 Rule 1 but which also possess the characteristics and trappings of finality in that, the orders may adversely affect a ... | 1 | 3,976 | 716 | ### 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:
1 but which also possess the characteristics and trappings of finality in that, the orders may adversely aff... |
Mathura Prasad Srivastava and Others Vs. Saugor Electric Supply Company, Limited, and Another | came to the conclusion that the company had not made consistently progressive profit. It took also into consideration the fact that though the lease of the company expired in 1975, there was some prospect of the electricity board taking over the company even before that. It, therefore, felt that the company would not b... | 0[ds]We, however, agree with the tribunal that the question whether these coolies were the employees of the company or of an independent contractor was not raised in the reference and that question cannot be considered indirectly while determining the question of bonus. The tribunal has accepted the evidence of the con... | 0 | 1,644 | 1,210 | ### 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:
came to the conclusion that the company had not made consistently progressive profit. It took also into considerat... |
Jagdish Prasad Vs. The State of Bihar & Another | Khelari by a Magistrate 1st Class, Ranchi, from Shri Kundan Lal of Khelari it has been established that Shri Kundan Lal of Khelari has got no foodgrain dealers license, nor he deals in foodgrains. It has also been established that the said Kundan Lal of Khelari did not purchase any rice from you on 2-10-1973. In the ci... | 0[ds]If this reflects the slippery satisfaction of the District Magistrate it is unfortunate. Here some Upper Division Assistant (Special), Home Department, has sworn an affidavit, not with personal knowledge but with paper wisdom. It is difficult to appreciate why in return to a rule nisi in a habeas corpus motion, it... | 0 | 4,153 | 1,349 | ### 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:
Khelari by a Magistrate 1st Class, Ranchi, from Shri Kundan Lal of Khelari it has been established that... |
Amrik Singh Lyallpuri Vs. Union Of India | under Section 111 of the Act against the resolution of the company refusing to register the share. In such a situation, this Court held that when Government, in exercise of its power of appeal under Section 111 Clause (3) is acting it is invested with the judicial power of the State to decide disputes according to law.... | 1[ds]we are unable to uphold the constitutional validity of Section 347D of Delhi Municipal Corporation Act, 1957 and Section 256 of the NDMC Act. Both the aforesaid provisions are, therefore, declared unconstitutional being violative of Article 14 of thea proper judicial authority is set up under the aforesaid Acts, t... | 1 | 4,240 | 147 | ### 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:
under Section 111 of the Act against the resolution of the company refusing to register the share. In such a situation, thi... |
SUNNY KHANNA Vs. STATE OF CHHATTISGARH | BANUMATHI, J.1. These appeals arise out of judgment dated 17th November, 2014 passed by the High Court of Chhattisgarh at Bilaspur in and by which the High Court has affirmed the conviction of the appellants under Section 302 I.P.C. read with Section 34 I.P.C. for the death/murder of deceased-Irfan @ Golu. So far as th... | 1[ds]The occurrence was at the night time on the day of Holika Dahan, a day prior to Holi and at that time it cannot be expected of the prosecution to examine any independent witnesses. Further, as pointed out by the Trial Court as well as the High Court the evidence of Salim Khan (PW10) is corroborated by the medical ... | 1 | 972 | 361 | ### 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:
BANUMATHI, J.1. These appeals arise out of judgment dated 17th November, 2014 passed by the High Court of ... |
Bharat Petroleum Corporation Ltd Vs. M/s Jagannath & Co. & Others | in order to satisfy the conscience of the dealer about the authenticity of the tests so conducted, it has been contemplated in the Guidelines that on the request of the dealer, the test(s) could be conducted in his presence. In Hindustan Petroleum Corporation Ltd. & Ors. vs. M/s Super Highway Services & Anr., (2010) 3 ... | 0[ds]10) It is rightly pointed out that the samples were not tested in any government laboratory and these tests were conducted in thes laboratory itself. Therefore, in order to satisfy the conscience of the dealer about the authenticity of the tests so conducted, it has been contemplated in the Guidelines that on the ... | 0 | 3,203 | 810 | ### 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:
in order to satisfy the conscience of the dealer about the authenticity of the tests so conducted, it has been con... |
M/s Haryana Mining Company Vs. State of Haryana & Ors | Counsel submitted that the High Court committed a serious error in not allowing the writ petition, in spite of absence of any evidence of illegal mining on the part of the Appellant. 8. Ms. Noopur Singhal, learned counsel appearing for the Respondent, supported the findings recorded by the High Court in the impugned ju... | 1[ds]9. We note that the Termination Order refers to a demarcation report of 17.12.2018 for the purpose of reaching the conclusion that the Appellant was indulging in illegal mining. A perusal of the said demarcation report would show that there was nothing mentioned therein about illegal mining carried out by the Appe... | 1 | 2,249 | 921 | ### 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:
Counsel submitted that the High Court committed a serious error in not allowing the writ petition... |
Commissioner of Income Tax & Controller of Estate-Duty, Madras Vs. N.R. Ramarathanam & Others | from the statement of case submitted by the Tribunal are as follows:"The deceased Sri N. S. Ramaswami Iyer was a partner in the firm of Messrs. Ennessor and Company. The other partners of the firm consisted of the three sons and the daughter of the deceased. The firm was engaged in money-lending and financing business.... | 0[ds]2. The question of law arising for decision is completely covered by our decision in the Controller of Estate Duty, Madras v. C. R. Ramachandra Gounder, Civil Appeal No. 1391 of 1970 D/= (reported in AIR 1973 SC 1170 ). Mr. Karkhanis, the learned counsel for the Department sought to satisfy us that that decision ... | 0 | 1,221 | 107 | ### 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:
from the statement of case submitted by the Tribunal are as follows:"The deceased Sri N. S. Ramaswami Iyer was a partner in ... |
Employees State Insurance Corporation Vs. Shri R.K. Swamy | ultimately fructify into sales and the resulting trading activity is directed from there that place comes to be known as a "Shop". In our view the Employees Insurance Court placed a very narrow interpretation on the expression "shop" while upholding the contention of the petitioner by confining "shop" to a place where ... | 1[ds]14. There is no doubt at all that the said Act is beneficient legislation. If, therefore, it is reasonably possible so to construce the word "shop" as to include the activity of an advertising agency within it, that construction must be preferred. 15. The decision in the case of Hindu Jea Band held a shop to be "a... | 1 | 3,440 | 666 | ### 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:
ultimately fructify into sales and the resulting trading activity is directed from there that place comes to be k... |
Vijendra Singh & Another Vs. State of Uttar Pradesh | prosecution case which could have been supplied or made good by examining a witness who though available is not examined, the prosecution case can be termed as suffering from a deficiency and withholding of such a material witness would oblige the court to draw an adverse inference against the prosecution by holding th... | 0[ds]26. It is next contended by Mr. Giri, learned counsel for the appellants that all the eyewitnesses are related to the deceased Badan Pal and they being interested witnesses, their version requires scrutiny with care, caution and circumspection and when their evidence is scanned with the said parameters, it does no... | 0 | 8,296 | 1,411 | ### 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:
prosecution case which could have been supplied or made good by examining a witness who though available is not examined, t... |
Indian Drugs & Pharm. Ltd. Vs. Punjab Drugs Manuf. Assoc. | to the consumer. The fundamental right of traders like the petitioners to carry on business in foodstuffs was in no way affected. They could carry on trade in foodstuffs without hindrance as dealers; only, they could not run fair price shops as agents of the Government. No one could claim a right to run a fair price sh... | 0[ds]8. We have perused the impugned policy whereby the State Government had directed the authorities concerned to purchase certain medicines only from public sector undertakings or their dealers. In our opinion, the impugned policy only directs that certain drugs are to be purchased from the specified manufacturers. T... | 0 | 2,850 | 1,599 | ### 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:
to the consumer. The fundamental right of traders like the petitioners to carry on business in foodstuffs was in ... |
M.P. HOUSING AND INFRASTRUCTURE DEVELOPMENT BOARD & ANR Vs. K.P. DWIVEDI | latter proceedings between the same parties shall be dealt with similarly as was done in the previous proceedings. In such an event, the bar is absolute in relation to all points decided save and except allegation of fraud and collusion. 16. Apart from the fact that the award declared by the Arbitrator – Housing Commis... | 1[ds]14. The case of the respondent – contractor that the earlier order passed by the High Court dated 20.08.2008 passed in Writ Petition No.9131 of 2008, referring the dispute between the parties for adjudication to the Arbitrator – Housing Commissioner and thereafter the award declared by the Arbitrator – Housing Com... | 1 | 7,360 | 1,211 | ### 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:
latter proceedings between the same parties shall be dealt with similarly as was done in the previous proceed... |
A. Manjula Bhashini and Ors Vs. The Managing Director, A.P. Women's Cooperative Finance Corporation Ltd. and Anr | Division Bench and observed: "The object of this legislation was to provide for absorption of temporary lecturers of long standing. So therefore experience and continuous employment were necessary ingredients. The Hindi version of the Ordinance used the expression "ke prarambh ke samaya is roop me karya kar rahe hein" ... | 0[ds]27. The distinction between legislative and judicial functions is well known. Within the scope of its legislative competence and subject to other constitutional limitations, the power of legislature to enact laws is plenary. In exercise of that power, the legislature can enact law prospectively as well retrospecti... | 0 | 19,855 | 2,828 | ### 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:
Division Bench and observed: "The object of this legislation was to provide for absorption of temporary lecturers of long st... |
Sohan Lal and Ors Vs. State of Rajasthan | empowers, the Courts to direct further inquiry into any complaint which has been dismissed under s. 203 or sub-section (4) of s. 204 or in the case of any person accused of the offence who has been discharged and no such order shall be made unless such person has had an opportunity of showing cause why such direction s... | 1[ds]31. The High Court did not subscribe to the view taken in State v. Gangaram Kalite reported in AIR 1965 Assam and Nagaland 9. Therein a chargesheet having been filed against 9 accused persons in his Court the Sub-Divisional Magistrate called for report from the police and on receipt of the final report ordered the... | 1 | 6,157 | 763 | ### 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:
empowers, the Courts to direct further inquiry into any complaint which has been dismissed under ... |
Mummareddi Nagi Reddi And Others Vs. Pitti Durairaja Naidu And Others | favour of her son-in-law as well who was to take jointly with the daughter. It was further held that the daughter being a minor, was not competent to consent to the gift in favour of her husband. It is true that there is no question of minority in the present case, but the decision certainly is no authority on the poin... | 0[ds]If the document could be read and interpreted that way, obviously the decision should be in favour of the appellants: but, in our opinion, there seem to be difficulties and those of an insuperable character in the way of construing the document being interpreted as such. Neither in form nor in substance does the d... | 0 | 5,980 | 1,295 | ### 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:
favour of her son-in-law as well who was to take jointly with the daughter. It was further held that the d... |
Commissioner Of Income Tax (Central) Delhi Vs. Harprasad & Co. (P) Ltd | in these years (1948-57).During this period, "capital gains," whether on the positive or the negative side, could not be computed and charged under Section 12B or any other provisions of the Act. In the instant case, the second condition, namely, "the manner of computation, laid down in the Act" which - to use the word... | 1[ds]the charging provisions of the Act, it is discernible that the words income or profits and gains should be understood as including losses also, so that, in one sense profits and gains represent plus income whereas losses represent minusm what has been said above it follows as a necessary corollary that during the... | 1 | 4,314 | 731 | ### 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:
in these years (1948-57).During this period, "capital gains," whether on the positive or the negative side, could not be c... |
Indian Bank Vs. The Official Liquidator, Chemmeens Exports (P) Ltd. & Ors | to 5 therein for recovery of the unrealized amount. 12. The aforementioned preliminary decree was passed by the Court even though the official liquidator raised the plea in the written statement that the charge created on the companys property was void under Section 125 of the Act. But it may be that plea was not argue... | 1[ds]7. On a plain reading of sub-section (1) it becomes clear that if a company creates a charge of the nature enumerated in sub-section (4), after Ist day of April, 1914, on its properties, and fails to have the charge together with instrument, if any, by which the charge is created, registered with the Registrar of ... | 1 | 4,616 | 516 | ### 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:
to 5 therein for recovery of the unrealized amount. 12. The aforementioned preliminary decree was passed by the Court eve... |
Hargovlnd Pant Vs. Dr. Raghukul Tilak and Others | in Bal dev Raj Guliani &ors. v. The Punjab &Haryana High Court &ors. was a similar one and it related to the applicability of Article 320(3) (c) to Judicial officers in the State. Here, in this case also the Court took the same view and, after referring to the earlier decision in Pradyat Kumar Boses case with approval,... | 0[ds]It is, therefore, clear that the Constitution makers were anxious to insulate the Chairman and members of the Union and State Public Service Commissions from executive or political pressures or influences and to place them beyond the reach of any allurement or temptation which may cloud their judgment and deflect ... | 0 | 4,239 | 1,763 | ### Instruction:
Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case.
### Input:
in Bal dev Raj Guliani &ors. v. The Punjab &Haryana High Court &ors. was a similar one and it related to the... |
N.R.C. Employees' Union & Others Vs. The Government of Maharashtra Department of Industries, Energy & Labour & Others | settlements are binding on the staff union and the individual workmen by placing reliance on the judgements of the Supreme Court in the cases of Barauni Refinery Pragatisheel Shramik Parishad vs. Indian Oil Corporation Ltd., 1991 SCC 4 and P. Virudhachalam and Ors. vs. Management of Lotus Mills, AIR 1998 SC 554 . In th... | 1[ds]14. The Division Bench of this Court while admitting the present petitions and granting interim relief has observed thus:7. In our opinion, prima facie even assuming that the representative Union has entered into a settlement it can only be in respect of dispute which would partake of an industrial dispute and in ... | 1 | 13,493 | 2,913 | ### 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:
settlements are binding on the staff union and the individual workmen by placing reliance on the judgements of the Supreme... |
Commissioner Of Central Excise,Pune Vs. Hindustan National Glass & Inds. Ltd | dealing with the transaction between the appellant therein and M/s. Ponds (I) Ltd., who was a whole-sale buyer of the appellants goods, had accepted the view of the tribunal and expressed thus: “On the facts on record, therefore, it must be held that the Tribunal was perfectly justified in taking the view that charging... | 1[ds]price agreed between two competing parties may get depressed, when substantial and huge advances are periodically extended and given with the objective and purpose that the sale price paid or charged would be lowered, to set off the consideration paid by grant of advances. There should be a connect and link betwee... | 1 | 2,116 | 303 | ### 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:
dealing with the transaction between the appellant therein and M/s. Ponds (I) Ltd., who was a whole-sale buyer of the appe... |
The Workmen and Ors Vs. Hindustan Lever Ltd | other ingredient or incident of the definition he may not be held to be workman within the meaning of the expression in the Act. There is no provision in the Act which obliges the Industrial Tribunal or other forums set up under the Act to decide even in the absence of a contention from the employer, a preliminary issu... | 1[ds]It would be crystal clear that the employer wanted the reference to be rejected at the threshold on the preliminary objection that in view of the concluded binding agreement between the parties, the dispute referred to for adjudication being of an all-India nature, the union was precluded from raising the same at ... | 1 | 9,417 | 2,317 | ### 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:
other ingredient or incident of the definition he may not be held to be workman within the meaning of the ex... |
Mohanlal Hargovinddas Vs. State Of Madhya Pradesh & Ors | of goods specified in such dealers certificate of registration as being intended for use by him as raw materials in the manufacture of any goods for sale by actual delivery in Madhya Pradesh for the purpose of consumption in that State, and of containers and other materials used in the packing of such goods;" Section 4... | 0[ds]In this connection reference may be made to S. 2 (j) (a) (ii) which states that a selling dealer is entitled to deduct from his turnover sales to a registered dealer of goods "specified in such dealers certificate of registration as being intended for use by him as raw materials in the manufacture of any goods for... | 0 | 4,942 | 547 | ### 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:
of goods specified in such dealers certificate of registration as being intended for use by him as raw materials in the ma... |
Workmen of Kankanee Colliery and Amlabad Colliery (Of Bhowra Kankanee Collieries, Limited ) Vs. Their Employers and Another | accepted this plea and held that the two references were invalid and decided those references in favour of the employees. The present appeal is directed against that order of the tribunal. 4. In this special appeal, again, the main point urged before us was that the tribunal was incorrect in holding that under the agre... | 0[ds]The view taken by the tribunal was that demand (5) in the charter of demands had been dropped by the workmen under Cl. (5) of the agreement and, consequently, this plea was no longer open to the workmen. On proper interpretation of the charter of demands and the terms of the agreement, we are of the view that the ... | 0 | 1,990 | 753 | ### 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:
accepted this plea and held that the two references were invalid and decided those references in favour of t... |
Jayawant Yeshwant Walawalkar Vs. V.P. Shanmugam & Another | said police statement and no particular admission therein was put up to him. Therefore, it is futile for Shri Barve to rely upon the said statement.11.It is not in dispute that due to the accident the appellant sustained serious injuries. The appellant produced before the Tribunal a medical certificate which shows that... | 1[ds]t is not in dispute that the accident in question took place on a bridge of Kalundra river of MumbaiPune highway onat about 12.30 a.m. It is also not in dispute before us that in the said accident, the appellant sustained severe injuries, as a result of which his right arm required to be amputated. The material qu... | 1 | 2,539 | 818 | ### 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:
said police statement and no particular admission therein was put up to him. Therefore, it is futile fo... |
Mak Data P. Ltd Vs. Commissioner Of Income Tax-Ii | of Rs.14,61,547/- under Section 217(1)(c) of the Act. The assessee challenged that order before the Commissioner of Income Tax (Appeals) by filing Appeal No.2/07-08, which was dismissed vide order dated 17.2.2010. The assessee filed an appeal being ITA No.1896/Del/10 before the Income Tax Appellate Tribunal, Delhi. The... | 1[ds]We are of the view that the surrender of income in this case is not voluntary in the sense that the offer of surrender was made in view of detection made by the AO in the search conducted in the sister concern of the assessee. In that situation, it cannot be said that the surrender of income was voluntary. AO duri... | 1 | 1,594 | 309 | ### 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 Rs.14,61,547/- under Section 217(1)(c) of the Act. The assessee challenged that order before the C... |
Associated Cement Cos. Ltd Vs. State Of Madhya Pradesh | under sub-section (5), the State Government may under sub- section (7) by Notification direct the imposition of the tax as sanctioned in the manner prescribed. Sub-section (8) provides that when a Notification of the imposition of tax under the Section is issued the same is conclusive evidence that the tax has been imp... | 1[ds]11. A bare reading of Section 127 shows that the Municipal Council may from time to time and subject to the provisions of the Chapter (i.e. Chapter VII relating to "Municipal Taxation") in question and its general or special order which the State Government may make in that behalf impose in the whole or in any par... | 1 | 3,894 | 1,198 | ### 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:
under sub-section (5), the State Government may under sub- section (7) by Notification direct the imposition of th... |
Shoorji Vallabhdas & Co., Bombay Vs. The Commissioner Of Income-Tax/Excessprofits Tax, Bombay | commission attributable to the salt works at Kandla accrued or arose at Kandla or in British India. First, the learned Chief Justice referred to the test to be applied in order to determine where the profits of the assessee company accrued or arose, and he said that the test was to find out where the actual business of... | 0[ds]While we agree with learned Counsel for the appellant that the real question in this case is whether any part of the managing agency commission accrued outside British India, we do not agree with him that the High Court was wrong in reformulating the question. The Tribunal formulated the question as though the com... | 0 | 4,816 | 706 | ### 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:
commission attributable to the salt works at Kandla accrued or arose at Kandla or in British India. F... |
Sangramsinh P. Gaekwad Vs. Shantadevi P.Gaekwad(Dead)Thr.Lrs. | is well-known ordinarily would not grant any relief which has not been pleaded. Quasi-Partnership - Family Company - Corporate Veil: 228. A company incorporated under Indian Companies Act is a body corporate. However, in certain situations, its corporate veil can be lifted. (See Kapila Hingorani vs. State of Bihar (200... | 1[ds]41. By reason of Section 88 of the Indian Trusts Act, a person bound in fiduciary character is required to protect the interests of other persons but the heart and soul thereof is that as between two persons one is bound to protect the interest of the other and if the former availing of that relationship makes a p... | 1 | 29,645 | 3,090 | ### 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:
is well-known ordinarily would not grant any relief which has not been pleaded. Quasi-Partnership - Family... |
U.P.Pollution Control Board Vs. M/S. Kanoria Industrial Ltd | Tax Officer, New Delhi v. East India Hotels Ltd. And another, (1998)9 SCC 662 , the appellant authority charged sales tax on the sales thereof prior to the judgment of this Court in Northern India Caterers (India) Ltd. v. Lt. Governor, Delhi, 1978(4) SCC 36. A fresh assessment order was passed thereafter on the basis o... | 0[ds]We are, therefore, of the opinion that the Division Bench was in error in the view it took. Where there is no question of under enrichment, in respect of money collected or retained, refund, to which citizen is entitled, must be made in a situation like this." (emphasis supplied) 10. This case fully supports the s... | 0 | 5,294 | 1,607 | ### 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:
Tax Officer, New Delhi v. East India Hotels Ltd. And another, (1998)9 SCC 662 , the appellant authority ch... |
M/S. Sify Ltd Vs. M/S. First Couriers Ltd | 3. The contention of the defendant that a close scan of the plaintiffs suit would show that it is based on accounts and not on invoices and therefore, the summary suit was not maintainable cannot be said to be frivolous. 4. The defendant has been able to raise triable issues. 9. Having heard the learned counsel for the... | 1[ds]going through the judgment of the Division Bench as well as of the learned Single Judge in detail, we are of the view that the order passed by the learned single judge, granting conditional leave to the respondent to defend the suit, ought not to have been interfered with by the Division Bench as (i) the order of ... | 1 | 2,865 | 1,025 | ### 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:
3. The contention of the defendant that a close scan of the plaintiffs suit would show that it is based on accounts and not... |
Ghanshyam Sarda Vs. Sashikant Jha, Director, M/s. JK Jute Mills Co. Ltd. & Others | was done under the express directions and alleged Contemnor No.3. However, such a statement coming from a co-contemnor, in our view, is not sufficient to reach a conclusion about the involvement of alleged Contemnor No.3. Further, the documents pertaining to Writ Petition No.5670 (W) of 2016 pending in Calcutta High Co... | 0[ds]The submission of the alleged contemnors is that the conveyance deed was executed on 04.04.2013 on which date the entire consideration stood paid by the transferee and was credited to the account of the Company and as such the title passed in favour of the transferee well before the Order of 08.05.2014 and what wa... | 0 | 9,288 | 2,180 | ### 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:
was done under the express directions and alleged Contemnor No.3. However, such a statement coming from a co-contemnor, i... |
Pandia Nadar And Ors Vs. The State Of Tamil Nadu And Ors | guidelines could be inferred as in Saurashtra case 1952 SCR 435 = (AIR 1952 SC 123 and Jyoti Pershads case (1962) 2 SCR 125 = (AIR 1961 SC 1602 ) the statute will not be hit by Article 14. Then again where the statute itself covers only a class of cases as in Haldars case (1960) 2 SCR 646 = (AIR 1960 SC 457 ) and Bajor... | 0[ds]After an exhaustive discussion of all the relevant decisions this Court came to the conclusion that the principles deducible from those decisions were asa statute providing for a more drastic procedure different from the ordinary procedure covers the whole field covered by the ordinary procedure, as in Anwar Ali S... | 0 | 3,001 | 1,240 | ### 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:
guidelines could be inferred as in Saurashtra case 1952 SCR 435 = (AIR 1952 SC 123 and Jyoti Pershads case (... |
SMT. KASTURIBAI SUKHARAM KHANDELWAL TRUST Vs. INDORE DEVELOPMENT AUTHORITY | supporting the submissions, further submits that apart from the fact that 2 nd respondent had not submitted any application for allotment pursuant to an advertisement dated 7 th September, 1989 required under Disposal Regulations, 1987, the authority was of the view that it will not be advisable to provide adjoining pl... | 1[ds]11. Heard learned counsel for the appellants and no one has put an appearance on behalf of the contesting respondent despite service and with their assistance perused the material available on record.12. Indisputedly, the 2 nd respondent had not submitted any application for allotment of land pursuant to an advert... | 1 | 2,027 | 524 | ### 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:
supporting the submissions, further submits that apart from the fact that 2 nd respondent had not submitted any applicati... |
West Bengal Housing Board Etc Vs. Brijendra Prasad Gupta and Others | of Appeal by the housing authority the same was allowed. Further appeal by the applicants to the House of Lords was dismissed. The following observations of Lord Brightman who spoke for the Court would be relevant: "In the instant case, the bona fides of the borough is not in dispute. On the facts in evidence, it is in... | 1[ds]We are of the view that the provisions of service of notice stood complied when notices were served on the persons recorded as owners in the Record of Rights maintained under Section 50 of the WB Land Reforms Act. We are of the view that the provisions of service of notice stood complied when notices were served o... | 1 | 10,495 | 2,165 | ### 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:
of Appeal by the housing authority the same was allowed. Further appeal by the applicants to the House of Lords wa... |
Thakur Gokalchand Vs. Parvin Kumari | his duties under Government rules, the statements to be found therein in support of custom are admissible to prove facts recited therein and will generally be regarded as a strong piece of evidence of the custom. The entries in the Riwaj-i-am may, however, be proved to be incorrect, and the quantum of evidence required... | 0[ds]The learned Judges of the High Court, however, found the evidence of the 4 witnesses who claimed to have been present at the marriage of the plaintiff to be quite unconvincing and they pointed out that the case of the plaintiff being that his marriage had been performed with great pomp and show, it was surprising ... | 0 | 4,703 | 1,694 | ### 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:
his duties under Government rules, the statements to be found therein in support of custom are admissible ... |
KANNA TIMMA KANAJI MADIWAL (D) THR. LR Vs. RAMACHANDRA TIMMAYA HEGDE (D) THR. LRS | said legatee, being related to the deceased tenant by legitimate kinship, had already been declared to be the successor of the tenant in the civil suit in presence of all the relevant parties, including the respondents, with categorical finding that the wife of tenant had left and ceased to be his heir after having con... | 1[ds]It may, however, be noticed that the prohibition contained in Section 21(1) and the restriction contained in Section 61(1) of the Act of 1961 operate in different fields inasmuch as Section 21(1) occurs in Chapter II of the Act of 1961, making general provisions regarding the tenancy and rights and obligations of ... | 1 | 9,836 | 1,750 | ### 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:
said legatee, being related to the deceased tenant by legitimate kinship, had already been declared to be th... |
Balwinder Singh Vs. State Of Punjab | time assembled at the spot, could identify the child whose dead body was recovered. The chowkidar of the village was sent to the adjoining villages for ascertaining the identify of the child. However, no one was able to identify the child. The appellant went to the spot at about 5.00 p.m. and stated that "his children ... | 1[ds](i) Last seen together5. PW 2 Tejinder Kaur, wife of the appellant deposed about the quarrels between her on the one side and the appellant and his mother on the other side on account of the birth of the daughters only and went on the state that onthe appellant and his mother conspired to do away with her two daug... | 1 | 4,922 | 3,516 | ### 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:
time assembled at the spot, could identify the child whose dead body was recovered. The chowkidar of the vill... |
Khardah Company Ltd Vs. Raymon & Company (India) Private Ltd | to assign benefits under the contract remain unaffected by it. This is to take too narrow a view of the true position. Far from being strangers to the licence, the evidence clearly establishes that they are very intimately associated with it. On September 26, 1955 acting under licence No. A 062290/52 the appellants wro... | 1[ds]4. It cannot be disputed that the expression "arising out of" or concerning or "in connection with" or "in consequence of" or "relating to this contract" occurring in Cl. 14 are of sufficient amplitude to take in a dispute as to the validity of the agreement dated September 7, 1955.Vide Ruby General Insurance Co; ... | 1 | 7,940 | 1,681 | ### 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:
to assign benefits under the contract remain unaffected by it. This is to take too narrow a view of the true position. Far f... |
The Commissioner Of Income-Tax, Bombay Vs. M/S. Dwarkadas Khetan & Co | considered, because all the reasons on which the cases on this side have proceeded are given there. In that case, there were three partners, one of whom was a minor. They formed a Hindu undivided family; later, a deed of partnership was executed in which the minor was represented by his father-in-law. It was held that ... | 1[ds]In so far as the second question is concerned, the matter is now settled by the decision of this Court in R. C. Mitter and Sons v. Commr. of Income-tax, (1959) 39 ITR 194: (AIR 1959 S C 868). But, in our opinion, the decision of the High Court on the first question was not leave the second question open at all.6. ... | 1 | 2,324 | 692 | ### 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:
considered, because all the reasons on which the cases on this side have proceeded are given there. In that case, ... |
Southern Power Distribution Company Of Telangana Ltd. Through Its Cmd Vs. Gopal Agarwal | L. Nageswara Rao, J. 1. The Writ Petition filed by Respondent No.1 challenging the action of the Appellants in not releasing the Low Tension (domestic) Power Supply was allowed by a Single Judge of the Andhra Pradesh High Court. The appeal filed by the Appellants was dismissed by the Division Bench. Challenging the leg... | 0[ds]6. We have heard the learned counsel appearing for the parties and we are of the opinion that there is no reason to interfere with the judgment of the High Court. The High Court relied upon the judgment in Isha Marbles(supra) to grant relief to the First Respondent. It was held in the said judgment that an auction... | 0 | 953 | 386 | ### 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:
L. Nageswara Rao, J. 1. The Writ Petition filed by Respondent No.1 challenging the action of the Appellants in not releasing... |
Commissioner Of Income Tax Vs. Balbir Singh Maini | continues to be the owner throughout the agreement, and has at no stage purported to transfer rights akin to ownership to the developer. At the highest, possession alone is given under the agreement, and that too for a specific purpose -the purpose being to develop the property, as envisaged by all the parties. We are,... | 1[ds]16. A reading of the JDA shows that, it is essentially an agreement to facilitate development of 21.2 acres so that the developers build at their own cost, after obtaining necessary approvals, flats of a given size, some of which were then to be handed over to the members of the society. Payments were also to be m... | 1 | 8,056 | 1,414 | ### 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:
continues to be the owner throughout the agreement, and has at no stage purported to transfer rights akin to... |
New Okhla Industrial Devt.Auth Vs. Harkishan (Dead) Thr. Lrs. | hurriedly planted at later dates only to circumvent the land acquisition proceedings.21. As already stated above, the competent authority in compliance with the directions given by this Court in Om Prakash case in the light of observations made therein having considered the evidence placed on record and after hearing t... | 1[ds]10. It becomes clear from the above that in the first round of litigation, when acquisition was challenged by the respondents, they failed in their attempt. At that time, not only declaration under Section 6 of the Act had been passed, the writ petitions were also dismissed by the High Court on August 24, 1995. Th... | 1 | 3,863 | 682 | ### 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:
hurriedly planted at later dates only to circumvent the land acquisition proceedings.21. As already stated... |
M/S Gurugobind Singh Refineries Ltd Vs. Punjab State & Ors.Etc.Etc | not have been fixed for a small portion of the land on the ground that it is near the metalled road and could fetch higher market value. Learned Senior Counsel then argued that the sale deeds produced by the land owners were not at all relevant for fixing market value of the acquired land because the same related to ve... | 1[ds]14. We have considered the respective submissions. The reasons recorded by the High Court for remanding the case to the Reference Court for deciding the issue of clubbing the land categorized as Nehri/Chahi with Barani and tube well irrigated land do not appear to be flawed. In our view, the Reference Court was no... | 1 | 3,176 | 522 | ### 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:
not have been fixed for a small portion of the land on the ground that it is near the metalled road and coul... |
Apex Coop Bank Of Urban Bank Of Mah.&Goa Vs. Maharashtra State Coop Bank | as noted by the High Court in the impugned judgment was as follows: "Mr Singhvi submitted that as per the definition of "State Cooperative Bank" given in the said section 2(u), such a bank could only be the principal co-operative society in a state, the primary object of which would be the financing of other co-operati... | 1[ds]17. We are unable to accept these submissions also. The portion extracted above does not detract from what is provided in Section 22(1). Under Section 22(1) a primary credit society can carry on banking business. However if a co-operative society is not a primary credit society then to carry on banking business it... | 1 | 10,312 | 1,196 | ### 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:
as noted by the High Court in the impugned judgment was as follows: "Mr Singhvi submitted that as per the definit... |
State Of Gujarat Vs. Maliben Nathubhai(D) Tr.Lrs | have maintained an appeal before the Tribunal against the order of the Competent Authority and Deputy Collector after a lapse of about eight years. Thirdly, when under the provisions of the Act since every claimant is required to file a declaration under Section 6(1) thereof and Gangaben and Maliben did not file any su... | 1[ds]14. Having heard learned counsel for the parties, we are of opinion that Bhulabhai Bhikhabhai having died sometime in 1947 when two of his sons, that is, Narsinbhai and Balubhai were still alive neither Harkhiben nor Gangaben and Maliben had any claim in the suit property of Bhulabhai Bhikhabhai under Hindu Law. I... | 1 | 2,367 | 732 | ### 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:
have maintained an appeal before the Tribunal against the order of the Competent Authority and Deputy Collector after a lap... |
Commissioner of Income Tax, Calcutta Vs. Padamchand Ramgopal | Hegde, J.1. These appeals by certificate arise from the decision given by the High Court of Calcutta in five references made by the Income-tax Appellate Tribunal, Bench B Calcutta under Section 66(2) of the Indian Income-tax Act, 1922. The High Court has answered the questions referred to it in favour of the assessee. ... | 0[ds]2. We are in agreement with the High Court that on the facts found by the tribunal, it was not justified in holding that the additions made by theOfficer were in accordance with law. Those additions were arbitrarily made. No reasons were given to reject the accounts relating to the assessment years8. Further the m... | 0 | 525 | 76 | ### 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:
Hegde, J.1. These appeals by certificate arise from the decision given by the High Court of Calcutta in five references m... |
Ramprasad S/O Prabhudayal Mathur Vaishya Vs. State Of Madhya Pradesh & Anr | Singh. The appellants case is that the Government is liable to reimburse him the money due to him from Hetampal Singh. Before the suit came to be filed Hetampal Singh had died and hence the 2nd defendant was impleaded as his legal representative.4. The plaint filed by the plaintiff is a bald one. It did not set out the... | 1[ds]The appellants case is that the Government is liable to reimburse him the money due to him from Hetampal Singh. Before the suit came to be filed Hetampal Singh had died and hence the 2nd defendant was impleaded as his legal. But coming to the cross-objection filed by the appellant before the High Court, the High C... | 1 | 1,782 | 751 | ### 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:
Singh. The appellants case is that the Government is liable to reimburse him the money due to him from Hetampal Singh. Befor... |
State of M.P Vs. Ghisilal | plaintiff and against the defendant to the effect that 16000.32 square meters of surplus declared land out of the disputed land of the ownership of the plaintiff the description whereof has been given in Para 1 is free from the provisions of Urban Land Ceiling Act, 1976 because the possession whereof was not received b... | 1[ds]13. It is not in dispute that the land in question is in the Urban Agglomeration and covered by the ULC Act, 1976. As such, original owner late Padam Singh has filed declaration under the provisions of the ULC Act and after conducting necessary inquiry, final orders were passed by the competent authority declaring... | 1 | 2,535 | 1,002 | ### 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:
plaintiff and against the defendant to the effect that 16000.32 square meters of surplus declared land out of the ... |
MADHYA PRADESH POWER MANAGEMENT CO. LTD. DGM (COMMERCIAL) SANJEEV KHARE Vs. M/S DHAR WIND POWER PROJECTS PVT. LTD. AUTHORISED SIGNATORY ANIL MISRA | wind electric generation projects which were commissioned at 00.00 hrs on 1 April 2016 or thereafter. The SLDC was required by Para 4.2 of the Tariff Order to submit a list of WEGs commissioned during the month of March 2016 from 00.00 hrs of 1 March 2016 to 24.00 hrs of 31 March 2016. This data was sought in order to ... | 1[ds]24. In the present case, the principal submission of the appellants is that the data which was furnished by the SLDC indicates that the actual injection of power into the grid by the first respondent took place on 1 April 2016. It is on that basis that the first appellant has submitted that the commissioning certi... | 1 | 4,326 | 979 | ### 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:
wind electric generation projects which were commissioned at 00.00 hrs on 1 April 2016 or thereafter. The SLDC was requir... |
Dantuluri Ram Raju And Ors Vs. State Of Andhra Pradesh And Anr | there is equality and uniformity within each group, the law will not be condemned as discriminative though due to some fortuitous circumstances arising out of a peculiar situation, some included in a class get an advantage over others so long as they are not singled out for special treatment, (1963) 3 SCR 809 = (AIR 19... | 0[ds]21. The modern trend in all progressive countries is towards establishment of a welfare State, and with this and in view, the State has to prepare plans and devise beneficent schemes for the good of the common people. The implementation of those plans and schemes entails colossal expenditure. The State has consequ... | 0 | 8,612 | 1,041 | ### 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:
there is equality and uniformity within each group, the law will not be condemned as discriminative though due to some for... |
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