Case Name stringlengths 11 235 | Input stringlengths 944 6.86k | Output stringlengths 11 196k | Label int64 0 1 | Count int64 176 118k | Decision_Count int64 7 37.8k | text stringlengths 1.43k 13.9k |
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State of W.B. and Others Vs. Texmaco Limited | 1. The respondent-Company has a Scheme whereunder it pays to its employees what is called an "incentive bonus". The appellants took the stand that the incentive bonus fell within the definition of "salary" or "wage" contained in Section 2(j) of the West Bengal State Tax on Professions, Trades, Callings and Employments ... | 0[ds]Judged only upon the basis of the Scheme, it must he held that it contemplates situations where the incentive bonus is payable and situations where it is not payable. Judged on the Scheme, therefore, the payments of incentive bonus are not on a regular basis. It would have been another matter had the appellants be... | 0 | 518 | 103 | ### Instruction:
Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding.
### Input:
1. The respondent-Company has a Scheme whereunder it pays to its employees what is called an "incentive bonus... |
Bathina Ramakrishna Reddy Vs. The State Of Madras | of subordinate Courts, so as to prevent grave injustice in non, appealable cases. This decision was, however, dissented from by the same High Court inEnat Mondul v. Baloram Dey, 3 Cal. W. N. 581, but was cited with approval by Lord-Williams J. inGulabchand Bangur v. Kabiruddin Ahmed, 58 Cal. -111. In these circumstance... | 1[ds]13. It is unnecessary to consider all the points taken in these appeals because, in our opinion, the point canvassed on behalf of the decree-holder that the order of remand was without jurisdiction and that all the proceedings taken subsequent to the order of the executing Court reviving the execution were void, h... | 1 | 5,365 | 873 | ### Instruction:
Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction.
### Input:
of subordinate Courts, so as to prevent grave injustice in non, appealable cases. This decision was, ho... |
SUSHILABEN INDRAVADAN GANDHI & ANR. Vs. THE NEW INDIA ASSURANCE COMPANY LIMITED & ORS. | Investment Corpn. of Orissa Ltd. v. New India Assurance Co. Ltd. (2016) 15 SCC 315 , this Court referred to the contra proferentum rule as follows: 10. We proceed to deal with the submission made by the counsel for the appellant regarding the rule of contra proferentem. The Common Law rule of construction verba chartar... | 1[ds]24. A conspectus of all the aforesaid judgments would show that in a society which has moved away from being a simple agrarian society to a complex modern society in the computer age, the earlier simple test of control, whether or not actually exercised, has now yielded more complex tests in order to decide comple... | 1 | 15,416 | 1,741 | ### 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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Investment Corpn. of Orissa Ltd. v. New India Assurance Co. Ltd. (2016) 15 SCC 315 , this Court referre... |
Vijendrajit Ayodhya Prasad Goel Vs. State of Bombay | raided by the police. He further held that as admittedly the appellant was in charge of the godown, the inference was that he was in control and possession of the articles found therein. In the result he convicted the appellant and sentenced him to three months rigorous imprisonment and, fine of Rs. 1000. Against the d... | 0[ds]It was contended that the Magistrate was not justified in making use of the statement of the accused made under S. 342, Cr. P. C., for the purpose of finding that fact. It was said that the godown was owned by a limited body, Frank Rose & Co., Ltd., and the appellant was paying rent for the godown under their inst... | 0 | 1,198 | 512 | ### 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:
raided by the police. He further held that as admittedly the appellant was in charge of the godown, t... |
Hindustan Lever Limited Vs. R.B. Wadkar & Others | petitioner to file a return of income within thirty days from the date of service of the notice. It is also stated that the notice was issued after obtaining the necessary satisfaction of respondent No.3.8. The petitioner by its letter dated 5th November 2002 requested respondent No.1 to furnish the reasons recorded by... | 1[ds]12. The Petitioner submits that the disclosure of reasons would make it clear that no failure on the part of the petitioner to disclose fully and truly all material facts necessary for its assessment for that assessment year has been alleged as such the notice is hit by the proviso to section 147 and the same bein... | 1 | 1,889 | 234 | ### 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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petitioner to file a return of income within thirty days from the date of service of the notice. It is also state... |
Jiten Kumar Sahoo Vs. Chief Gen.Manager,Mcl | - could not be filled up due to non-availability of the candidates. Subsequently, it appears that fresh 84 vacancies of Mazdoor Category-I (I.T.I.) occurred and MCL requested the local employment exchange for their permission to fill up fresh vacancies from amongst the candidates who had qualified in the written test a... | 1[ds]10. The High Court unfortunately has failed to take into consideration the material aspects stated in the counter affidavit filed by the appellants. As a matter of fact, on promotion of the appellants to the higher posts, other candidates have been appointed to the posts of Mazdoor - Category I in place of the app... | 1 | 1,430 | 169 | ### 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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- could not be filled up due to non-availability of the candidates. Subsequently, it appears that fresh 84 vacancies of Maz... |
P.N. Dua Vs. P. Shiv Shanker and Ors. | the law gives to some problem is regarded by many people as unjust. Lord Cross further observed that there must be no prejudging of the issues in a case is one thing. To say that no one must in any circumstances exert any pressure on a party to litigation to induce him to act in relation to the litigation in a way in w... | 0[ds]10. In the instant case we have examined the entire speech. In the speech Shri P. Shiv Shankar has examined the class composition of the Supreme Court. His view was that the class composition of any instrument indicates its pre-disposition, its prejudices. This is inevitable. Justice Holmes in his dissenting opini... | 0 | 14,194 | 6,624 | ### 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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the law gives to some problem is regarded by many people as unjust. Lord Cross further observed that there m... |
POST GRADUATE INSTITUTE OF MEDICAL EDUCATION AND RESEARCH CHANDIGARH Vs. M/S KALSI CONSTRUCTION COMPANY | R. BANUMATHI, J. 1. Leave granted. 2. This appeal arises out of the impugned judgment and order dated 10.05.2019 passed by the High Court of Punjab and Haryana at Chandigarh in FAO No.4045 of 2003 in and by which the High Court has dismissed the appeal of the appellant herein filed under Section 37 of the Arbitration a... | 0[ds]In the present case, the parties have agreed for the rate of interest at 18% per annum. However, since the award is of the year 1999 and considering the facts that the learned Senior counsel had left the matter to the discretion of the court. Considering the facts and circumstances of the case, in our view in exer... | 0 | 684 | 184 | ### 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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R. BANUMATHI, J. 1. Leave granted. 2. This appeal arises out of the impugned judgment and order dated 10.05... |
STATE OF ORISSA & ORS Vs. M/S UTKAL DISTILLERIES LTD | sale. But from the scheme of entries in the three lists it is clear that taxing entries have been specifically en- acted conferring powers of taxation whereas other entries pertain to the au- thority of the legislature to enact laws for purposes of regulation. If we compare En- try 8 in List II with Entry 51 it is clea... | 0[ds]14. It is not in dispute that the license, which was granted to the respondent--Company, is for the purpose of manufacturing, bottling, blending and reduction of IMFL. It is also not in dispute that as required under the license, the respondent--Company has installed one ENA column to rectify the rectified spirit ... | 0 | 3,255 | 1,604 | ### 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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sale. But from the scheme of entries in the three lists it is clear that taxing entries have been specific... |
Eastern Coalfields Ltd. Vs. Kalyan Banerjee | and U.P. Rashtriya Chini Mill Adhikari Parishad, Lucknow vs. State of U.P. and others [(1995) 4 SCC 738] to hold: "26. The view taken by this Court in U.P. Rashtriya Chini Mill Adhikari Parishad that the situs of issue of an order or notification by the Government would come within the meaning of the expression "cases ... | 1[ds]6. The jurisdiction to issue a writ of or in the nature of mandamus is conferred upon the High Court under Article 226 of the Constitution of India. Article 226(2), however, provides that if cause of action had arisen in more than one court, any of the courts where part of cause of action arises will have jurisdic... | 1 | 2,457 | 1,379 | ### 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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and U.P. Rashtriya Chini Mill Adhikari Parishad, Lucknow vs. State of U.P. and others [(1995) 4 SCC 738] to hold: "26. The ... |
The Jhagrakhan Collieries Ltd Vs. Shri G.C. Agrawal, Presiding Officer, Central Government Industrial Tribunal-Cum-Labour Court, Jabalpur and Ors | does not stand a close examination.13. We have already noticed that ac cording to the scheme of s. 18, read with s. 2(d), an agreement, made otherwise than in the course of conciliation proceedings, to be a settlement within the meaning of the Act must be a written agreement signed in the manner prescribed by the Rules... | 0[ds]As analysis of. the above definition would show that it contemplates only two kinds of settlement (i) A settlement arrived at in the course of conciliation, proceedings under the Act and (ii) a written agreement between the employer and the workmen arrived at otherwise than in the course of conciliation proceeding... | 0 | 3,272 | 824 | ### 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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does not stand a close examination.13. We have already noticed that ac cording to the scheme of s. 18, read... |
T.S. Krishna Vs. Commissioner of Income Tax Madras | of Section 40 which Explanation mutatis mutandis is by reference to be read into sub-s. (1A) of Section 58 so far as may be applicable in computing the income chargeable under the income from other sources as they apply in computing the income chargeable under the head "profits and gains of business and profession" sav... | 0[ds]4. What the learned advocate seeks to contend is that the Explanation to sub-clause (iia) of cl. (a) of Section 40 which Explanation mutatis mutandis is by reference to be read into sub-s. (1A) of Section 58 so far as may be applicable in computing the income chargeable under the income from other sources as they ... | 0 | 3,493 | 1,110 | ### 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 Section 40 which Explanation mutatis mutandis is by reference to be read into sub-s. (1A) of S... |
Subhra Mukherjee Vs. Bharat Coking Coal Ltd | of the Act of 1973. 8. We have perused the deposition of P.W.8 - accountant - and the impugned judgment. There can be no doubt that the High Court in para 13 of its judgment mentioned that the resolution of the company dated September 21, 1970 (Ext.12), receipt evidencing payment of Rs. 7,000- on December 30, 1970 (Ext... | 0[ds]9. It is rightly commented by the High Court that the agreement for sale (Ext.8) of the suit property is not a registered document; it recites the suit property will be sold for Rs. 7,000even though the consideration of Rs. 7,000was paid on December 30, 1970 (Ext.10) itself and neither the agreement nor the sale d... | 0 | 2,492 | 606 | ### 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 the Act of 1973. 8. We have perused the deposition of P.W.8 - accountant - and the impugned ju... |
Okara Electric Supply Company Limited & Another Vs. State of Punjab & Another | the Act.16. Besides, the provisions of Ss. 5, 6 and 7 also afford assistance in the matter. They clearly show that in the case of a licence specific provisions have been made for the acquisition of the undertaking in cases of revocation or cancellation of licences. The reason for thus providing for compulsory acquisiti... | 0[ds]15. Let us look at this question from a practical point of view. If a person is granted sanction to engage in the business of supplying energy it is not denied that S. 28 (1) would justify the imposition of a time limit on the grant of sanction. If sanction is granted for a specified number of years, and it comes ... | 0 | 4,607 | 1,421 | ### 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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the Act.16. Besides, the provisions of Ss. 5, 6 and 7 also afford assistance in the matter. They clearly show... |
New Bank Of India Ltd Vs. Pearey Lal | the plaintiffs claim was not liable to be reduced under the scheme sanctioned by the High Court of East Punjab. The Court also negatived the plea of the Bank that the amount at Rs. 1,35,000/- was deposited with the Bank at Lahore for opening a fixed deposit account subject to the conditions which the Bank set up. The f... | 0[ds]It is true that in the absence of other evidence a person paying money into a Bank, whether he is a constituent of the Bank or not, may be presumed to have paid the money to be held as bankers ordinarily hold the moneys of their constituents.If no specific instructions are given at the time of payment or thereafte... | 0 | 2,351 | 707 | ### 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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the plaintiffs claim was not liable to be reduced under the scheme sanctioned by the High Court of East Punja... |
M/s. Godrej Sara Lee Limited Vs. Reckitt Benckiser Australia Pty.Ltd. & Another | design at any time after the registration of the design, to the Controller on any of the following grounds, namely:-(a) that the design has been previously registered in India; or(b) that it has been published in India or in any other country prior to the date of registration; or(c) that the design is not a new or orig... | 1[ds]22. The reliance placed by the High Court on the judgment in Girdharilal Guptas case (supra) appears to be misplaced, inasmuch as, while under the 1911 Act the High Court acts as an Original forum, under the 2000 Act the High Court acts as an Appellate forum, which are two separate jurisdictions operating in two d... | 1 | 4,008 | 504 | ### 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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design at any time after the registration of the design, to the Controller on any of the following grounds, ... |
Union Public Service Commission & Others Vs. Angesh Kumar & Others | was referred to :“(B) Problems in showing evaluated answer books to candidates.—(i) Final awards subsume earlier stages of evaluation. Disclosing answer books would reveal intermediate stages too, including the so-called ‘raw marks’ which would have negative implications for the integrity of the examination system, as ... | 0[ds]Thus, it is clear that in interpreting the scheme of the Act, this Court has, while adopting purposive interpretation, read inherent limitation in Sections 3 and 6 based on the Third Recital in the Preamble to the Act. While balancing the right to information, public interest including efficient working of the Gov... | 0 | 2,487 | 257 | ### 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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was referred to :“(B) Problems in showing evaluated answer books to candidates.—(i) Final awards subsume earlier stages of ... |
M/s. Total Environment Building Systems Pvt. Ltd. And Ors Vs. The Deputy Commissioner of Commercial Taxes & Ors | Court in the case of Larsen and Toubro Limited (supra) has stood the test of time and has never been doubted earlier. As observed hereinabove, the said decision has been followed consistently by this Court as well as by various High Courts and the Tribunals. Therefore, if the prayer made on behalf of the Revenue to re-... | 1[ds]5. At the outset, it is required to be noted that the very issue had been considered by this Court in the case of Commissioner, Central Excise and Customs, Kerala Vs. Larsen and Toubro Limited, (2016) 1 SCC 170 . In the aforesaid decision, after considering the entire scheme of levy of service tax pre-2007 and pos... | 1 | 7,972 | 4,783 | ### 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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Court in the case of Larsen and Toubro Limited (supra) has stood the test of time and has never been do... |
Vasumatiben Gaurishankar Bhatt Vs. Navairam Manchharam Vora And Ors | to pay the arrears at any time during the pendency of the suit, or even during the pendency of the appeal, and so, when the tenant failed or neglected to pay the arrears due from him immediately after receiving the notice of demand from the landlord, it is easy to imagine that she knew that her failure to pay the arrea... | 0[ds]7. We are unable to accept this argument. What S. 12 (3) (a) requires is that in cases where there is no dispute between the landlord and the tenant regarding the amount of standard rent or permitted increases, if the landlord is able to show that the tenant is in arrears for a period of six months or more and the... | 0 | 2,551 | 769 | ### 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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to pay the arrears at any time during the pendency of the suit, or even during the pendency of the appeal, an... |
Union Of India Vs. West Punjab Factories Ltd | during which under the rules no wharfage is charged. The responsibility of the railway is under S. 72 of the Indian Railways Act (No. 9 of 1890) and that responsibility cannot be cut down by any rule. It may be that the railway may not charge wharfage for three days and it is excepted that a consignee would take away t... | 0[ds]The mere fact that the consignee is different from the consignor does not necessarily pass title to the goods from the consignor to the consignee, and the question whether title to goods has passed to the consignee will have to be decided on other evidence. It is quite possible for the consignor to retain title in... | 0 | 5,788 | 1,252 | ### 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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during which under the rules no wharfage is charged. The responsibility of the railway is under S. 72 of t... |
PIONEER URBAN LAND AND INFRASTRUCTURE LIMITED Vs. UNION OF INDIA | inevitable corollaries of that state of affairs.? (See EastEnd Dwellings Co. Ltd. v. Finsbury Borough Council [1952 AC 109 : (1951) 2 All ER 587 (HL)] at AC pp. 132-33.) ‘… The word ?deemed? is used a great deal in modern legislation. Sometimes it is used to impose for the purposes of a statute an artificial constructi... | 1[ds]15. In Swiss Ribbons (supra), this Court was at pains to point out, referring, inter alia, to various American decisions in paragraphs 17 to 24, that the legislature must be given free play in the joints when it comes to economic legislation. Apart from the presumption of constitutionality which arises in such cas... | 1 | 48,414 | 14,267 | ### 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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inevitable corollaries of that state of affairs.? (See EastEnd Dwellings Co. Ltd. v. Finsbury Borough Coun... |
Maharashtra Land Development Corporation Vs. State Of Maharashtra | Act make it clear that certain matters would not be germane to the matter in question; the authority must disregard those irrelevant collateral matters." 43. However, the Wednesbury principle of reasonableness has given way to the doctrine of proportionality. Through his decision in the celebrated case of Council of Ci... | 0[ds]34. Despite these averments, we are unable to agree with the contention of theThe definition of a `forest as enunciated in Section 2(ii) of the Act specifically includes "land which is part of a forest or lies within it or was part of a forest or was lying within a forest on the 30th day of August, 1975". It is al... | 0 | 9,342 | 1,870 | ### 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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Act make it clear that certain matters would not be germane to the matter in question; the authority must disregard those... |
MOHANDAS & ORS. Vs. THE STATE OF MAHARASHTRA AND ORS. | the Act. Therefore, if the property of the appellants is to be acquired, the appellants would have to be given the value of the property as on the date on which any such declaration is made under Section 126(4) of the Act within ten years from 15.05.2012. 33. In Hasmukhrai V. Mehta (supra), the case was decided under t... | 0[ds]25. The right would accrue to the owner under Section 127 of the Act to serve notice thereunder only if a declaration is not published within ten years of the Development Plan under Section 126(4) of the Act, inter alia. The High Court has, undoubtedly, noticed that the final Development Plan came into force on 24... | 0 | 8,902 | 2,413 | ### 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:
the Act. Therefore, if the property of the appellants is to be acquired, the appellants would have to... |
Ashok Ambo Sangade & Others Vs. The State of Maharashtra | of the body of Madan, with corresponding internal injuries, proving successfully the case, as laid by the Prosecution.55. The last, but not the least, submission made by the learned Counsel for the Appellants is that no specific overt act is attributed to some of the Accused. Secondly, it is submitted that Accused No.7... | 0[ds]16. In our considered opinion, before adverting to the rival submissions made by them, it would be useful to refer to the evidence on record and first of all to the evidence ofDr. Kendre, who has conducted the post mortem on the dead body of Madan. He has found as many as 13 incised wounds on the vital parts of th... | 0 | 9,144 | 1,706 | ### 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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of the body of Madan, with corresponding internal injuries, proving successfully the case, as laid by the Pro... |
N.R. Srinivasa Iyer Vs. New India Assurance Co., Ltd | the plaintiffs to the same extent as the bailee. The Privy Council, affirming the decision in Morriss case [1965] 2 All ER 725 (CA), held that the bailment to the shipowners continued till the goods were delivered to the plaintiff, but in the meantime there was a sub-bailment from the shipowners to the defendants. The ... | 1[ds]The High Court did not make any reference to the terms of the contract of insurance between the parties before rejecting the plaintiffs case that the insurer was the bailee and the repairer was the sub-bailee who had custody of the car on the entrustment of the custody for the avowed object of repair by the bailee... | 1 | 5,058 | 493 | ### Instruction:
Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction.
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the plaintiffs to the same extent as the bailee. The Privy Council, affirming the decision in Morriss c... |
State Of Assam Vs. M/S. Abhinandan Trading (P) Ltd. | to his client. On the other hand, the refusal to grant the contract to his client was sought to be justified by the authorities by taking resort to the theory of viable price range, although the lower extreme of the purported price range was arbitrarily fixed at Rs.17.11 per LPL which was the price quoted by M/s. Rangp... | 1[ds]15. All the learned counsel appearing in this matter had occasion to refer to and rely upon the decision of this Court in Dutta Associates (supra). In the said case, the tender notice did not specify the "viability range" nor did it indicate that only the tenders coming within the viability range" would be conside... | 1 | 4,105 | 935 | ### Instruction:
Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction.
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to his client. On the other hand, the refusal to grant the contract to his client was sought to be justified by the authorit... |
Rajkumar S. Singh Vs. Assistant Commissioner of Income Tax Central Circle – 4(1) and others | November, 2016, there was a search action on Petitioner under Section 153A of the Act, in response to which Petitioner once again filed his return of income for the year under consideration, i.e., A.Y. 2013-2014 on 15th July, 2016. Following this, an assessment order dated 8th December, 2016 came to be passed, acceptin... | 1[ds]We have to emphasize that in the reasons itself Respondents admit that Petitioner has disclosed during the assessment proceedings that Petitioner had traded in Finalysis.3. This is a case where the proposed re-opening is after expiry of four years from the end of the relevant assessment year. Admittedly, assessmen... | 1 | 1,294 | 607 | ### 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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November, 2016, there was a search action on Petitioner under Section 153A of the Act, in response to which Petitioner onc... |
Bholaram Vs. Ameerchand | the first floor which existed even before the other two rooms were added in the year 1963 by reconstructing the upper portion of the house. In reply to this notice, the plaintiff sent a notice on his behalf where he for the first time averred that the old room and the balcony adjoining it, were not rebuilt in 1963 and ... | 1[ds]2. Even so, after going through the documents and evidence produced by the parties we are unable to agree with the conclusion arrived at by the High Court.3. The plaintiffs case was that by virtue of a rent note dated June 3, 1963 (Ex.he had rented out the premises in question, being house No. 1205, Ganjipura Ward... | 1 | 2,370 | 1,819 | ### Instruction:
Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages.
### Input:
the first floor which existed even before the other two rooms were added in the year 1963 by reconstructin... |
Union Of India & Ors Vs. M/S. Indo-Afghan Agencies Ltd | of S. 115 of the Evidence Act, it is still open to a party who has acted on a representation made by the Government to claim that the Government shall be bound to carry out the promise made by it, even though the promise is not recorded in the form of a formal contract as required by the Constitution.21. In Ahmad Yar K... | 0[ds]are unable to accede to the contention that the executive necessity releases the Government from honouring its solemn promises relying on which citizens have acted to their detriment. Under our constitutionalno person may be deprived of his right or liberty except in due course of and by authority of law: if a mem... | 0 | 8,322 | 2,536 | ### 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 S. 115 of the Evidence Act, it is still open to a party who has acted on a representation made by the Governme... |
Arvind and Abasaheb Ganesh Kulkarni and Others Vs. Anna and Dhanpal Parisa Chougule and Others | the benefit of the family and hence not binding on the two plaintiffs. A decree was granted in favour of the two plaintiffs for joint possession of two-third share of the lands subject to their paying a sum of Rs. 1, 733 5 as 4 ps., to the second defendant. On appeal by the second defendant the Assistant Judge, Kolhapu... | 1[ds]It has further to be remembered that there would have been continuous dealings between the family of the plaintiffs and the family of the second defendant, over a long course of years. In those circumstances it is impossible to agree with the conclusion of the Courts below that the sale was not binding on the plai... | 1 | 1,583 | 352 | ### Instruction:
Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction.
### Input:
the benefit of the family and hence not binding on the two plaintiffs. A decree was granted in favour o... |
Indian Bank, Limited Vs. Ramanathan S. M | to the secretary until he filed the present application. There was no dispute about the facts in respect of which the action was taken against him. There also could be no dispute that those facts amounted to gross misconduct for which under the said award one of the penalties would be stoppage of increments. That being... | 1[ds]4. The labour court accepted both these contentions and held the order, Ex. M. 5, a nullity. In our view, the labour court was in error, because the order which was communicated to the respondent and actually implemented was the order, Ex. M. 5. As aforesaid, the secretary is the executive head of the bank and to ... | 1 | 1,774 | 481 | ### 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:
to the secretary until he filed the present application. There was no dispute about the facts in respect of which ... |
SIRI CHAND (DECEASED) THR. LRS Vs. SURINDER SINGH | was payable per mensem, condition of payment of annual rent was also mentioned there. The High Court noted the condition of the lease and has also applied the provisions of Section 17(1)(d) of the Registration Act, 1908 and held that the said lease was not registrable. In paragraph 1 of the judgment, the contents of th... | 1[ds]9. We may notice that in the present case, the rent note is not claimed to be signed by the landlord- appellant rather it is signed only by the respondent- tenant. The trial court after considering materials on record has returned the findings that appellant has proved the rent note. The case of the respondent tha... | 1 | 4,224 | 1,462 | ### 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:
was payable per mensem, condition of payment of annual rent was also mentioned there. The High Court noted the con... |
B. Shama Rao Vs. The Union Territory Of Pondicherry | made to the case of State of South Australia and another, etc. v. Commonwealth, 65, CLR 373. The principle laid down in these cases is not applicable to the case before us. In those cases, the law that came up for consideration was void because it had been made by the Legislature in excess of its legislative powers. In... | 1[ds]It is manifest that the Assembly refused to perform its legislative function entrusted under the Act constituting it. It may be that a mere refusal may not amount to abdication if the legislature instead of going through the full formality of legislation applies its mind to an existing statute enacted by another l... | 1 | 11,288 | 1,132 | ### 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:
made to the case of State of South Australia and another, etc. v. Commonwealth, 65, CLR 373. The principle l... |
ASSISTANT COLLECTOR OF CENTRAL EXCISE Vs. HARWOOD GARMENTS | 1. A complaint was filed against the respondent-Company and two others who were Director and Assistant Manager of the said Company as officers-in-charge of the affairs of the said Company u/s 9(l)(i) of the Central Excises and Salt Act, 1944. During the pendency of the said trial, A-2 and A-3, viz., the said Director a... | 0[ds]But on the facts of this case, that argument cannot be entertained because though these Director and Assistant Manager of the company were arrayed as accused persons in these very same proceedings along with the company the said two Director and Assistant Manager by virtue of the inaction of the complainant were d... | 0 | 498 | 201 | ### 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:
1. A complaint was filed against the respondent-Company and two others who were Director and Assi... |
Shambu Nath Goyal Vs. Bank of Baroda and Others | the legality of the order terminating service must be availed of by the employer by making a proper request at the time when it files its statement of claim or written statement or makes an application seeking either permission to take certain action or seeking approval of the action taken by it. If such a request is m... | 1[ds]It is true that in the present case an application way made by the management on 8.2.1979 when the matter was before the Tribunal for the second time after it had been remanded by this Court on 2.2.1978 after rejecting the managements contention that the dispute is not an industrial dispute. That was done by the m... | 1 | 6,550 | 604 | ### Instruction:
Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences.
### Input:
the legality of the order terminating service must be availed of by the employer by making a proper request at the time wh... |
MEG RAJ (DEAD) THROUGH LRS Vs. MANPHOOL (DEAD) THR. LRS | Abhay Manohar Sapre, J.1. Leave granted in S.L.P.(c) No.9723/2009.2. These appeals are directed against the final judgment and order dated 28.01.2008 passed by the High Court of Punjab & Haryana at Chandigarh in R.S.A. Nos.40/1984 & 2712/1987 whereby the High Court dismissed R.S.A. No.40 of 1984 and allowed R.S.A. No.2... | 0[ds]16. Having heard the learned counsel for the parties and on perusal of the record of the case, we find no merit in these appeals.17. In our considered opinion, the High Court was justified in holding that both the civil suits were barred and thus were not triable by the Civil Court in the light of express bar cont... | 0 | 1,080 | 258 | ### Instruction:
Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document.
### Input:
Abhay Manohar Sapre, J.1. Leave granted in S.L.P.(c) No.9723/2009.2. These appeals are directed against... |
State of West Bengal Vs. Shyamadas Banerjee & Another | 21. The schedule referred to in Section 4 of the Act provides for offences triable by Special Judges. Paragraphs 2 and 3 of the said Schedule provides as follows:- "2. An offence punishable under Section 409 of the Indian Penal Code (Act XLV of 1860), if committed by a public servant or by a person dealing with propert... | 0[ds]se, we areconcerned with the prosecution under the Special Courts Act, 1949, we will have to confine ourselves to the definition of "public servant" within the scope of the 1947 Act which includes the definition of "public servant" within the meaning of Section 21 IPC. The said provision having been considered by ... | 0 | 3,610 | 707 | ### Instruction:
Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document.
### Input:
21. The schedule referred to in Section 4 of the Act provides for offences triable by Special Judges. P... |
Lallan Prasad Vs. Rahmat Ali & Anr | is not sufficient in itself to pass special property in the chattel to the pawnee. Delivery of the chattel pawned is a necessary element in the making of a pawn. But delivery and advance need not be simultaneous and a pledge may be perfected by delivery after the advance is made. Satisfaction of the debt or engagement ... | 0[ds]12. The evidence shows that on or about August 18, 1946 the first respondent removed part of the said goods but he did so after paying to the appellant Rs. 1,000 towards the principal and Rs. 200 towards interest. The removal of these goods and the said payment were simultaneously made. That fact would indicate th... | 0 | 3,913 | 2,987 | ### Instruction:
Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction.
### Input:
is not sufficient in itself to pass special property in the chattel to the pawnee. Delivery of the chat... |
Associate Builders Vs. Delhi Development Authority | increase claimed or reduction available and shall allow inspection of the same by a duly authorised representative of Delhi Development Authority and further shall, at the request of the Engineer-in-Charge furnish, verified in such a manner as the Engineer-in-Charge may require. Any document, so kept and such other inf... | 1[ds]Thus, the award pertaining to Claim Nos. 9, 10, 11 and 15 is liable to be sent aside and it is so set aside. We need not therefore take corrective action on the apparent error i.e. the learned Arbitrator has worked out the claim on the original contract value of Rs. 87,66,678/-, of course by reducing it by 15%, bu... | 1 | 16,883 | 877 | ### 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:
increase claimed or reduction available and shall allow inspection of the same by a duly authorised representative of Delh... |
A.P.S.R.T.C Rep.By Its Chief Law Officer Vs. M.Pentaiah Chary | earnings at the date of the accident, the monthly loss would come to Rs.1500 i.e. Rs.18,000 per annum. If this monthly loss of earning is multiplied by 10 years purchase factor the compensation would work out to Rs.1,80,000. To that must be added the compensation allowed under certain other heads, namely, pain and suff... | 0[ds]9. We have noticed hereinbefore that the accident took place on 26.01.1995. A few months prior thereto, the Parliament inserted Section 163-A of the Act-by-Act 54 of 1994 with effect from 14.11.1994. The said provision contains a non-obstante clause in terms whereof inter alia the owner of the motor vehicle is mad... | 0 | 2,224 | 742 | ### 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:
earnings at the date of the accident, the monthly loss would come to Rs.1500 i.e. Rs.18,000 per annum. If thi... |
Southern Agrifurane Industries Ltd Vs. Commercial Tax Officer | the period subsequent to such release, it should have cleared all outstanding tax liability immediately. 21. Section 17(A) of the Tamil Nadu General Sales Tax Act confers power on the State Government to notify deferred payment of tax for certain industries including sick units. The relevant extract of section reads th... | 0[ds]18. The High Court had rejected this submission of the appellant by holding that the first notification did not grant an unlimited tax deferral and that the amendment notification merely clarified that the deferral was not limited to Rs. 623 lakhs but was upto Rs. 1,246 lakhs. Therefore, there was no question of t... | 0 | 3,444 | 773 | ### Instruction:
Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document.
### Input:
the period subsequent to such release, it should have cleared all outstanding tax liability immediately... |
Ayuub Vs. State Of U.P | The recorded confession must indicate that these safeguards have been fully complied with. In this case, the recorded confession statements do not show that the officer who recorded the statement had followed those guidelines. Therefore, it is inadmissible in evidence. 19. According to the prosecution, these two appell... | 1[ds]We do not find any merit in the reasons given by the Designated Judge. There are stringent provisions in the TADA Act and in the Government Order, it is stated that the Government after proper discussion on the facts of the case and the evidence/reports/letters available on the record decided to waive the TADA Sec... | 1 | 5,061 | 559 | ### 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:
The recorded confession must indicate that these safeguards have been fully complied with. In this case, the recorded confes... |
Smt. Radha Bai Ananda Rao Vs. S. Suvarna Kumar and Another | of Gourayya resident of village Venkatapuram, was admitted the school on June 2, 1924. He was born in June 1919. The exact date of birth could not be read because it was not clear. In Column 10 of the register the religion of Venkataswamy was entered as doli koya. It is not in controversy before us that the entry relat... | 1[ds]There is no reason to disbelieve the correctness of this entry also. The High Court has rejected the entries made after 1930 relating to the appellant and her relatives, under the impression that they were made on the advice of her relative Appa Rao who was headmaster of the school for 5 or 6 years. The High Court... | 1 | 2,035 | 474 | ### 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 Gourayya resident of village Venkatapuram, was admitted the school on June 2, 1924. He was born in June 1919. T... |
M/S Savita Chemicals (Pvt) Ltd Vs. Dyes & Chemical Workers Union & Anr | concerned during the arriving of such settlement and if a strike is resorted to by the union of workmen on that ground, it could not be said that the said strike would be hit by the provisions of Section 24(1)(i) of the Act. As a result of the aforesaid conclusion, it must be held that the impugned strike notice was no... | 0[ds]11. The factual matrix relevant for consideration of this point indicates, as noted earlier, that there was a settlement arrived at between the appellant company and Respondent No. 1 union on 8th March, 1982 which, amongst others, settled demand Nos. 14 and 26 regarding privilege leave and medical check-up. We wil... | 0 | 11,361 | 2,786 | ### 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:
concerned during the arriving of such settlement and if a strike is resorted to by the union of w... |
M/S BENAULIM CABLE TV NETWORK Vs. M/S BLITS GLOBAL TECHNOLOGIES PVT. LTD | 1. Having heard the learned counsel for the petitioner at some length, it is necessary to set out that both parties were before the TDSAT which passed an order dated 27.08.2013 after hearing them. However, the dispute between the parties was then referred to arbitration under the Micro, Small and Medium Enterprises Dev... | 0[ds]3. First and foremost the judgment of the High Court is not right in stating that Section 14 will not apply to a proceeding under Section 34. This has, in fact, been settled by a judgment of this Court in Consolidated Engineering Enterprises vs. Principal Secretary, Irrigation Department and Others, (2008) 7 SCC 1... | 0 | 641 | 232 | ### 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:
1. Having heard the learned counsel for the petitioner at some length, it is necessary to set out that bot... |
Bhanumati Etc. Etc Vs. State Of U.P.Tr.Prinl.Sec | reference to Strouds Judicial Dictionary. 100. Relying on Stroud, this Court held the expression that is to say is resorted to for clarifying and fixing the meaning of what is defined. There is no difficulty about applying those principles to the facts of this case. In Payarelal (supra), this Court was construing the r... | 0[ds]It has already been pointed out that the object and the reasons of Part IX are to lend status and dignity to Panchayati Raj Institutions and to impart certainty, continuity and strength to them. 76. The learned counsel for the appellant unfortunately, in his argument, missed the distinction between an individual a... | 0 | 9,973 | 3,160 | ### 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:
reference to Strouds Judicial Dictionary. 100. Relying on Stroud, this Court held the expression that is to s... |
State Of Assam Vs. Ranga Mahammad And Ors | from which one may be given here. The words places of public resort assume a very different meaning when coupled with roads and streets from that which the same words would have if they were coupled with houses. In the same way the word posting cannot be understood in the sense of transfer when the idea of appointment ... | 0[ds]9. In its ordinary dictionary meaning the word to post may denote either (a) to station someone at a place, or (b) to assign someone to a post, i.e., a position or a job, especially one to which a person is appointed. See Websters New World Dictionary (1962). The dispute in this case has arisen because the State G... | 0 | 3,774 | 1,147 | ### Instruction:
Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document.
### Input:
from which one may be given here. The words places of public resort assume a very different meaning whe... |
K.S. Varghese & Others Vs. St. Peter's & Paul's Syrian Orth. & Others | this aspect even though there is a strong protest which has led to repeated round of litigations before the courts up to the Honble Apex Court. The underlying object or the purpose even if it assumed that it is only for better administration, still it cannot have any predominance or the constitutional provision or the ... | 1[ds]In our opinion, the submission is wholly untenable. The representative suit was decided in 1995 and the judgment is binding even on those who were not parties to the case. All the Parishioners are bound by the judgment to the extent it has decided the matter. There is no conflict in the decree as well as the afore... | 1 | 75,558 | 10,153 | ### 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:
this aspect even though there is a strong protest which has led to repeated round of litigations before the courts up to th... |
VED & ANR Vs. STATE OF HARYANA & ANR | Phases II and III) at Rs.41.40 lakhs per acre; while the value for lands from village Manesar (covered by Phase IV) was assessed at Rs.62.10 lakhs per acre. The appeals arising therefrom were decided by this Court vide its Judgment dated 11.01.2019 (2019) 13 SCC 101 as modified by Order dated 08.02.2019 (2019) 13 SCC 1... | 0[ds]7. In the instant case, the High Court considered Exhibit P13 concerning an extent of land admeasuring 8 Kanals and 8 Marlas in the limits of Village Lakhnoula and two Sale Deeds in respect of M/s Conway Developers Private Limited. (Exhibits P24 and P25). It also considered the assessment of market value made by i... | 0 | 3,601 | 590 | ### 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:
Phases II and III) at Rs.41.40 lakhs per acre; while the value for lands from village Manesar (covered by ... |
Azad Singh and Others Vs. Barkat Ullah Khan | original plaintiffs provided for personal cultivation of the land by the Thekedar or personal cultivation was incidental to other rights and obligations such as collection of rent . from the other tenants ? This would necessitate examination of the original document creating Theka. That was not read to us, but Mr. Rang... | 0[ds]The only question then remains for the consideration is whether the original lessees acquired Adhivasis rights under sec. 3 of the 1952 Act.Sec. 3 which has been extracted herein before provides that any person who has not become a bhumidar, sirdar, adhivasi or asami under 1950 Act if he is in cultivatory possessi... | 0 | 2,718 | 594 | ### 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:
original plaintiffs provided for personal cultivation of the land by the Thekedar or personal cultivation was incidental to... |
The Officer In?-Charge, Sub-?Regional Provident Fund Office & Anr Vs. M/s Godavari Garments Limited | the employer, and includes any person employed by or through a contractor in or in connection with the work of the establishment.? It will be noticed that the terms of the definition are wide. They include not only persons employed directly by the employer but also persons employed through a contractor. Moreover, they ... | 1[ds]6.1. The definition of ?employee? under Section 2(f) of the EPF Act is an inclusive definition, and is widely worded to include any person engaged either directly or indirectly in connection with the work of an establishment.6.2. In the present case, the women workers employed by the Respondent Company were provid... | 1 | 3,495 | 1,375 | ### Instruction:
Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages.
### Input:
the employer, and includes any person employed by or through a contractor in or in connection with the wor... |
Nanhu Prasad Singh Vs. State of Bihar | to whom the appellant had paid the said amount on being identified as such by one Thakur Prasad Chaudhary, that the appellant had paid the said amount to that Biseshwar under a bona fide belief that he was the true remittee, and that subsequently, after the enquiry was instituted, he discovered his mistake and got the ... | 0[ds]6. It would thus appear from the evidence that every one concerned, including the appellant, understood the order, Ex. 16, to be one of removal from service as theagent. The words "pending enquiry" in the order did not mean that the order was intended or understood to be one of suspension. Those words appear to ha... | 0 | 1,334 | 266 | ### 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 whom the appellant had paid the said amount on being identified as such by one Thakur Prasad Chaudhary, that the appellan... |
State Of M.P Vs. Rakesh Kohli | on the ground of violation of any of the articles in Part III of the Constitution, the ascertainment of its true nature and character becomes necessary i.e. its subject-matter, the area in which it is intended to operate, its purport and intent have to be determined. In order to do so it is legitimate to take into cons... | 1[ds]29. While dealing with constitutional validity of a taxation law enacted by Parliament or State Legislature, the court must have regard to the following principles: (i), there is always presumption in favour of constitutionality of a law made by Parliament or a State Legislature (ii), no enactment can be struck do... | 1 | 6,433 | 553 | ### Instruction:
Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document.
### Input:
on the ground of violation of any of the articles in Part III of the Constitution, the ascertainment of... |
Ramashankar Kaushik And Another Vs. Election Commission Of India And Another | meanings. When it is used in the sense of "combine", it may imply mingling together of things, often with a loss of distinction of elements that completely merge with one another. When it is used in the sense of "unite", it implies joining or combining of things to form a single whole. When it is used in the sense of "... | 0[ds]16. It is first necessary to consider the impact of paragraph 16 on this case. A new political party is formed by the joining together of at least one recognised political party and another political party. The newly formed political party may apply for recognised to the Election Commission under paragraph 16. Aft... | 0 | 6,208 | 1,374 | ### 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:
meanings. When it is used in the sense of "combine", it may imply mingling together of things, often with a loss of distinc... |
Association of Registration Plates Vs. Union of India and Others | Act says: nothing in this section shall apply to motor vehicle in possession of a dealer subject to such conditions as may be prescribed by the Central Government. Section 41 also points to the same position. It casts an obligation on the owner of a motor vehicle to obtain registration. The question of issuing a certif... | 0[ds]In the matter of formulating conditions of a tender document and awarding a contract of the nature of ensuring supply of high security registration plates, greater latitude is required to be conceded to the State authorities. Unless the action of tendering Authority is found to be malicious and misuse of its statu... | 0 | 10,664 | 2,214 | ### 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:
Act says: nothing in this section shall apply to motor vehicle in possession of a dealer subject ... |
Bhujangarao Daulatrao Vs. Malojirao Daulatrao & Others | not relate to land and in any event are not claims against the Crown.35. In my opinion, this is not a suit in which the rights claimed against the other defendants can be divorced from the claim against Government and considered separately. That is evident enough from para. 10 of the plaint. In para 9 the power of Gove... | 0[ds]30. It was strenuously contended that this is not a claim against the Crown but one against defendants 1 andThat, in my opinion, is an idle contention in view of paras. 9 and 12 of the plaint and reliefs (a) and (d). In any event, Mr. Somayya was asked whether he would strike out defendant 3 and those portions of ... | 0 | 4,851 | 1,161 | ### 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:
not relate to land and in any event are not claims against the Crown.35. In my opinion, this is n... |
CHOTANBEN Vs. KIRITBHAI JALKRUSHNABHAI THAKKAR | dated 18 th October, 1996. The limitation to challenge the registered sale deed ordinarily would start running from the date on which the sale deed was registered. However, the specific case of the appellants (plaintiffs) is that until 2013 they had no knowledge whatsoever regarding execution of such sale deed by their... | 1[ds]11. After having cogitated over the averments in the plaint and the reasons recorded by the Trial Court as well as the High Court, we have no manner of doubt that the High Court committed manifest error in reversing the view taken by the Trial Court that the factum of suit being barred by limitation, was a triable... | 1 | 4,644 | 575 | ### 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:
dated 18 th October, 1996. The limitation to challenge the registered sale deed ordinarily would start running fr... |
Commissioner Of Income-Tax, Bombay City-1, Bombay Vs. National Storage Pvt. Ltd., Bombay | profession or vocation carried on by him." 9. The word business" is defined in S. 2(4) to include any trade, commerce, or manufacture or any adventure or concern in the nature of trade, commerce or manufacture." 10. The question which really arises in the present case is whether the assessee is carrying on any business... | 0[ds]It is not disputed that the scheme of the Indian Income-tax Act, 1922, is that the various heads of income, profits and gains enumerated in Section 6 are mutually exclusive, each head being specific to cover the item arising from a particular source. Further "whether an income falls under one head or another has t... | 0 | 3,325 | 597 | ### 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:
profession or vocation carried on by him." 9. The word business" is defined in S. 2(4) to include any trade, comme... |
Vodafone India Services Private Limited Vs. Union of India | it is deemed to accrue, arise or received. The charge-ability to tax is when right to receive an income becomes vested in the assessee. However, the issue under consideration is different viz: whether the amount said to accrue, arise or receive is at all income. The issue of shares to the holding company is a capital a... | 1[ds]24. A plain reading of Section 92(1) of the Act very clearly brings out that income arising from a International Transaction is a condition precedent for application of Chapter X of the Act. This has already been so held by the order dated 29 November 2013 of this Court inBut we have examined the issue afresh. The... | 1 | 15,987 | 3,507 | ### Instruction:
Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding.
### Input:
it is deemed to accrue, arise or received. The charge-ability to tax is when right to receive an inco... |
Sidramappa Vs. Rajashetty And Ors | and Vishwanath entered into a compromise in pursuance of which Vishwanath delivered possession of the lands included in Schedule I to the defendant. Sometime thereafter the plaintiff applied to the court to reopen the execution proceedings and implead him as the legal representative of Lakshmibai claiming that he is th... | 1[ds]5. The only question that remains for consideration is whether the High Court and the trial court were right in their conclusions that the plaintiffs claim in respect of the lands mentioned in Schedule I of the plaint is barred by Order 2, Rule 2, Code of Civil Procedure.The only question that remains for consider... | 1 | 1,287 | 259 | ### 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:
and Vishwanath entered into a compromise in pursuance of which Vishwanath delivered possession of the lands included in S... |
State Of Rajasthan Vs. M/S Deep Jyoti Company | the required mineral and rawanna book. Clause (3) of the said circular provides that if the contractor fails to produce copy of the short term permit, the works department will withhold the payment of bills. Clause (3) of the said circular further provided that in case, the government department which allots the work t... | 1[ds]10. In so far as the contention that in terms of the circular there is compulsion to obtain short term permit, in our view, as such there is no such compulsion. It is only to ensure that no mineral is excavated and used without payment of royalty. The purpose of short-term permit is to ensure that the material and... | 1 | 2,267 | 560 | ### 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:
the required mineral and rawanna book. Clause (3) of the said circular provides that if the contracto... |
State Of U.P Vs. Dr. Rajinder Prakash Mittal | been gaining momentum day by day and ultimately on the ill fated night it had culminated to this occurrence. 37. The next point for our consideration is whether the respondent was present in the house in the early morning of the day of occurrence or whether he had gone out of the house to treat a patient. In other word... | 1[ds]36. As regards the motive, the High Court has held that there was nothing to aggravate the situation on the day of the occurrence for the respondent to take this extreme measure of putting her to death. This reasoning of the High Court is quite inconceivable, for the simple reason that there could be no evidence a... | 1 | 7,343 | 635 | ### 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:
been gaining momentum day by day and ultimately on the ill fated night it had culminated to this occurrence. 37. T... |
Samyukta Socialist Party Vs. Election Commission Of India & Anr | new party and also accepted the request. It is equally clear that on January 31, 1963 the Samyukta Socialist Party broke up at its very first meeting and the Praja Socialist Party, which reorganized itself claimed its original symbol. The Election Commission did not decide whether the merger was final or provisional, b... | 0[ds]This is not correct. The restrictions which the Election Commission has framed for the use of the symbols are quite clear and permit the issuance of fresh notifications if symbols are required to be changed. The restrictions when analysed are these. Before a candidate can choose a symbol it must be free. Before a ... | 0 | 3,580 | 996 | ### 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:
new party and also accepted the request. It is equally clear that on January 31, 1963 the Samyukta Socialist Party broke ... |
Ramkarandas Radhavallabh Vs. Bhagwandas Dwarkadas | hereunder, be instituted by presenting a plaint in the prescribed form but the summons shall be in form No. 4 in appendix B, or in such other form as may be from time to time prescribed.(2) In any case in which the plaint and summons are in such forms respectively, the defendant shall not defend the suit unless he ente... | 0[ds]We are unable to accept this contention,. It has been observed by this Court in Manohar Lal v. Hiralal, AIR 1962 SC 527 at p. 534 : "The inherent powers are to be exercised by the Court in very exceptional circumstances, for which the Code lays down no procedure". This is a well recognised principle. Rule 4 of O... | 0 | 2,372 | 1,144 | ### 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:
hereunder, be instituted by presenting a plaint in the prescribed form but the summons shall be in form No. 4... |
Commnr.,Bangalore Dev. Authority Vs. S.Vasudeva | (a) the Authority shall pay to the lessee the allotted value of the site and an additional sum equal to the amount of interest at twelve per cent per annum thereon; and (ii) in case covered by clause (b) the lessee shall pay to the authority al sum equal to the amount of interest at twelve per cent per annum on the all... | 1[ds]5. At the outset, we are of the opinion that the High Court travelled way beyond the scope of the writ petition which was before it. The prayer in the writ petition was for quashing the out of turn allotments in favour of MLAs, MPs and others who were impleaded as respondents Nos. 4 to 38 before the High Court. Th... | 1 | 4,656 | 970 | ### 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:
(a) the Authority shall pay to the lessee the allotted value of the site and an additional sum equal to the amount of intere... |
In Re: Modern Dekor Painting Contracts Private Limited and Modern Dekor Painting Contracts Private Limited Vs. Jenson and Nicholson Limited and Another | The notice of the petition referred to in r. 28 is not a letter addressed by the petitioning creditors advocate to the company intimating the date fixed by the court for the admission of the petition. This is made clear by the fact that after the admission of the petition, a notice has to be served upon the company and... | 1[ds]( 7 ) IT is difficult to accept the submission of Shri Tulzapurkar. It must at first be stated that there is no provision in the Companies (Court) Rules, 1959, or in any other rules for acceptance of a winding up petition, but a practice has developed in this court of placing a winding up petition before the court... | 1 | 4,292 | 751 | ### 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:
The notice of the petition referred to in r. 28 is not a letter addressed by the petitioning creditors advocate to the co... |
Union Of India & Anr Vs. Delhi Cloth & General Mills Co. Ltd. & Anr | before the Delhi High Court and, by the order under appeal, the writ petition was allowed, it being found that the calcium carbide manufactured by the respondents was not marketable.3. When this civil appeal against the Delhi High Courts judgment reached hearing Before a bench of two learned Judges, Counsel on behalf o... | 0[ds]5. We have perused the Moti Laminates judgment with care and have heard learned Counsel, We find that the view expressed in the Moti Laminates judgment is based on earlier judgments. It has been affirmed by this Court thereafter. We m ay refer to one such later judgment, Dharangadhra Chemical Works Ltd.v. Union of... | 0 | 1,592 | 246 | ### 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:
before the Delhi High Court and, by the order under appeal, the writ petition was allowed, it being found that the calcium ... |
CIT, Patiala Vs. Shri Piara Singh | It proceed on the basis that the assessee was carrying on a regular smuggling activity which consisted of taking currency notes out of India and exchanging them with gold in Pakistan which was later smuggled into India. At the instance of the Revenue, a reference was made to the High Court of Punjab and Haryana on the ... | 0[ds]5. In our judgment, the High Court is right. The Income tax authorities found that the assessee was carrying on the business of smuggling. They held that he was, therefore liable to income tax on income from that business. On the basis that such income was taxable, the question is whether the confiscation of the c... | 0 | 1,391 | 712 | ### 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 proceed on the basis that the assessee was carrying on a regular smuggling activity which cons... |
Pepsico India Holdings P.Ltd Vs. State Of Kerala | energy had altered its position, the doctrine of promissory estoppel shall apply. The doctrine of promissory estoppel, it is now well-settled, applies also in the realm of a statute." 42. An exemption notification and a notification withdrawing the benefit granted would, however, stand on different footings. For the sa... | 1[ds]Although a contention has been raised before us that despite opportunities granted, the appellant had not adduced the additional evidence to establish compliance of the conditions precedent for grant of eligibility certificate, it has not been denied or disputed that even in the first round of litigation, the requ... | 1 | 10,786 | 2,623 | ### 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:
energy had altered its position, the doctrine of promissory estoppel shall apply. The doctrine of promisso... |
Sri Vedaraneeswararswamy Devasthanam Vs. The Dominion Of India And Another | the manager of the temple at the relevant time. Mr. Sastri has relied on the fact that the manager of a temple could not have entered into a transaction of permanent lease unless there was a compelling necessity so to do. A permanent lease amounts to an alienation of the property and would have to be justified as such.... | 0[ds]In computing the compensation- which may be paid to the temple the accounts of the pagoda were examined. It was found that the pagoda enjoyed revenue from the duties levied at ports at Thopputhurai and Kodikarai. Ten years account showed that the average annual income in that behalf was 283 Pagodas. To this amount... | 0 | 3,575 | 1,493 | ### Instruction:
Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding.
### Input:
the manager of the temple at the relevant time. Mr. Sastri has relied on the fact that the manager of a templ... |
M/S Sbec Sugar Limited Vs. Union Of India | Rayon (supra)] 20. Section 68 deals with the clearance of warehoused goods for home consumption and provides that an importer of any warehoused goods may clear the goods for home consumption if : (i) a bill of entry for home consumption of the said goods has been presented in the prescribed form, (ii) the import duty l... | 0[ds]It is plain that Section 15(1)(b) would be applicable only when the goods are cleared from the warehouse under Section 68 of the Act, i.e., within the initially permitted period or during the permitted extended period. It is trite to say that when the goods are cleared from the warehouse after the expiry of the pe... | 0 | 4,223 | 404 | ### 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:
Rayon (supra)] 20. Section 68 deals with the clearance of warehoused goods for home consumption and provides... |
Mrs. Hem Nolini Judah (Since Deceased) And After Her Leg Vs. Mrs. Isolyne Sarojbashini Boseand Others | the claim is made by a person directly claiming as a legatee. The section does not say that no person can claim as a legatee or as an executor unless he obtains probate or letters of administration of the will under which he claims. What it says is that no right as an executor or legatee can be established in any Court... | 0[ds]7. Re. (i).We have already pointed out that though it was said that Dr. Miss Mitter had executed a will in favour of her mother Mrs. Mitter in June, 1925 bequeathing the house in dispute to her, no probate or letters of administration were ever obtained by Mrs. Mitter. It is true that Mrs. Mitter in her turn made ... | 0 | 3,569 | 1,936 | ### Instruction:
Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document.
### Input:
the claim is made by a person directly claiming as a legatee. The section does not say that no person c... |
Phaltan Sugar Works Ltd. Sakharwadi Vs. Employees of the Phaltan Sugar Works Ltd., Represented by Phaltan Taluka Sakhar Kamgar Union, Sakharwadi | to be for the office boy and the laboratory boy who start with 15 annas per day and can rise to Rs. 1-9-0, the rate of increment being one anna per year. The next higher rates are for Centrifugal Operator, Assistant Evaporator Man and Juice Heater Man, their starting rates of pay being Rs. 1-9-0 with an annual incremen... | 0[ds]4. It is not even pleaded here that the workmen did or said anything which gave any ground for the employers presumption that there would be no agitation for revision of the existing scales of dearness allowance the absence of even a suggestion in the written statement of any understanding between the parties that... | 0 | 2,330 | 1,359 | ### 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:
to be for the office boy and the laboratory boy who start with 15 annas per day and can rise to Rs. 1-9-0, t... |
Union Of India Vs. City Municipal Council, Bellary | the commencement of the Constitution is affected to the extent it contravenes or is repugnant to the said provision. The Act of 1941 creating the liability of the Railways to taxation by local authorities was passed by the then Central Legislature which was a Federal Legislature of India. The present Central Legislatur... | 1[ds]The Act of 1941 creating the liability of the Railways to taxation by local authorities was passed by the then Central Legislature which was a Federal Legislature of India. The present Central Legislature, namely, the Parliament has not enacted any law after coming into force of the Constitution making any provisi... | 1 | 3,326 | 828 | ### Instruction:
Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case.
### Input:
the commencement of the Constitution is affected to the extent it contravenes or is repugnant to the said pr... |
New Standard Engineering Company Limited Vs. N.L. Abhyankar & Others | arrived at by agreement between the employer and the workmen otherwise than in the course of concilation proceedings shall be binding on the parties to the agreement. In fact it has clearly been he ld by this Court in Sirsilk, Ltd., and another v. Government of Andhra Pradesh and another ([1963] II L.L.J. 647.) that as... | 1[ds]Settlement of labour disputes by direct negotiation or settlement through collective bargaining is always to be preferred for, as is obvious, it is the best guarantee of industrial peace which is the aim of all legislation for the settlement of labour disputes. In order to bring about such a settlement more easily... | 1 | 2,829 | 1,173 | ### Instruction:
Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document.
### Input:
arrived at by agreement between the employer and the workmen otherwise than in the course of concilation pr... |
Commissioner of Cental Excise, Belapur, Mumbai Vs. RDC Concrete (India) P. Ltd | earlier order dated 4th November, 2008 and order dated 23rd November, 2009 passed in pursuance of the rectification application, we are of the view that the CESTAT exceeded its powers given to it under the provisions of Section 35C(2) of the Act. This Court has already laid down law in the case of T.S. Balram v. M/s.Vo... | 1[ds]17. Similarly, in pursuance of the rectifying application, the CESTAT came to the conclusion that an officer of the department, who was working as Assistant Director (Cost) and who was also a Member of an Institute of Cost and Works Accountants was not competent as a Cost Accountant to ascertain value of the goods... | 1 | 2,963 | 494 | ### 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:
earlier order dated 4th November, 2008 and order dated 23rd November, 2009 passed in pursuance of the rectif... |
Pushpaben & Anr Vs. Narandas V. Badiani & Anr | Fazal Ali, J.1. This is an appeal under Section 19 of the Contempt of Courts Act (hereinafter called the Act) against an order of the High Court of Bombay convicting the appellants for a Civil Contempt and sentencing them to one month’s simple imprisonment. It appears that Respondent No. 1 had given a loan of Rs. 50,00... | 1[ds]So far as this point is concerned, we fully agree with the High Court. In the circumstances, the appellants undoubtedly committed wilful disobedience of the order of the Court by committing a serious breach of the undertaking given to the Court on the basis of which alone, the apellants had been acquitted. For the... | 1 | 886 | 289 | ### 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:
Fazal Ali, J.1. This is an appeal under Section 19 of the Contempt of Courts Act (hereinafter called the Act) agai... |
Dhanvant Singh Vs. Union Territory, Chandigarh | 1. Heard learned Counsel for the parties. 2. The appellant along with accused Khushwant Kaur, was convicted by the Trial Court under Section 120B of the Indian Penal Code [for short, ‘the I.P.C.?] and sentenced to undergo imprisonment for life and to pay fine of Rs. 1,000/-; in default to undergo rigorous imprisonment ... | 1[ds]3. So far as the disclosure statement is concerned, according to the prosecution case, the same was recorded in the presence of Sohan SinghP.W.12 and Constable Bahadur Singh. Out of these two witnesses, Constable Bahadur Singh has not been examined for the reasons best known to the prosecution. So far as Sohan Sin... | 1 | 529 | 244 | ### 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:
1. Heard learned Counsel for the parties. 2. The appellant along with accused Khushwant Kaur, was convicted by the Trial C... |
SRI CHANAPPA NAGAPPA MUCHALAGODA Vs. DIVISIONAL MANAGER NEW INDIA INSURANCE COMPANY LIMITED | legs. As a consequence, the Appellant has got permanently incapacitated to pursue his vocation as a driver. This Court in Raj Kumar v. Ajay Kumar and Ors., (2011) 1 SCC 343. held that: 10. Ascertainment of the effect of the permanent disability on the actual earning capacity involves three steps. The Tribunal has to fi... | 1[ds]It is the admitted position that the Appellant can no longer pursue his vocation as a driver of heavy vehicles. The medical evidence on record has corroborated his inability to stand for a long period of time, or even fold his legs. As a consequence, the Appellant has got permanently incapacitated to pursue his vo... | 1 | 1,849 | 310 | ### 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:
legs. As a consequence, the Appellant has got permanently incapacitated to pursue his vocation as a driver. This C... |
Bharmal Medical Store and Ors Vs. State of Madhya Pradesh and Ors | Navin Sinha, J.1. Leave granted.2. The questions involved in these appeals being common, there being a minor variation in facts, they have been heard together and are being disposed by a common order. Suffice to observe, that in the limited nature of the controversy, we propose to take notice of the facts only to the e... | 1[ds]6. We have considered the submissions. The laudable objective of the Government to ensure availability of free medicines to the patients in the civil hospital premises will have to be balanced with the competing interests of the Appellants to earn their livelihood. If peaceful coexistence is possible, there is no ... | 1 | 736 | 334 | ### 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:
Navin Sinha, J.1. Leave granted.2. The questions involved in these appeals being common, there being a minor variation in fa... |
Chandrakant Uttam Chodankar Vs. Shri Dayanand Rayu Mandrakar and Others | - "Election petition shall be signed by the petitioner and verify in the manner laid down in the Code of Civil Procedure, 1908 for the verification of the pleading." 41. On a careful reading of this provision, we are of the view that the said provision is not mandatory in nature. That is to say, the verification in the... | 1[ds]A bare perusal of section 116A of the Act, it is clear that an appeal shall lie from an order made by the High Court to the Supreme Court on any question of law and fact. Therefore, under section 116A of the Act the Supreme Court is conferred with power not only to decide an appeal filed under this section on a qu... | 1 | 8,362 | 6,069 | ### 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:
- "Election petition shall be signed by the petitioner and verify in the manner laid down in the Code of C... |
The State of Maharashtra & Anr Vs. Bhagwan & Ors | autonomous bodies having some nexus with the Government by itself would not bring them within the sweep of the expression State and each case must be determined on its own merits. Thus, the plea of the employees of NWDA to be treated on a par with their counterparts in the Central Government under sub-rule (6)(iv) of R... | 1[ds]8. By the impugned common judgment and order, the High Court has directed the State to extend the retirement benefits to the employees of WALMI mainly on the following grounds:-(i) that the primary functions of WALMI are educational, the purpose of establishing the Institute is to impart training to engineers and ... | 1 | 5,476 | 1,669 | ### 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:
autonomous bodies having some nexus with the Government by itself would not bring them within the sweep of the expression S... |
Tata Iron & Steel Company, Limited Vs. State of Bihar | of sale. He relies on the observations of Chief Justice Gwyer in 1942 FCR 90: (AIR 1942 FC 33) (b), atp. 102 of FCR): (at p. 35 of AIR), namely, that "a sale had no necessary connection with manufacture or production." That observation was made by the learned Chief Justice in order to emphasise the fact that the tax le... | 0[ds]For our present purpose no exception need be taken to the proposition thus formulated and indeed in, 1955-1 SCR 243 : (AIR 1954 SC 459 ) (A), this Court struck down that part of the definition of "sale" in S. 2(h) of the Uttar Pradesh Sales Tax act, 1948 which enlarged the definition of "sale" so as to include "... | 0 | 8,850 | 1,917 | ### Instruction:
Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document.
### Input:
of sale. He relies on the observations of Chief Justice Gwyer in 1942 FCR 90: (AIR 1942 FC 33) (b), atp... |
Commissioner of Income Tax, West Bengal II, Calcutta Vs. M/s. Birla Gwalior Private Limited | on the sale of cloth and yarn for the two years. The total amounts, including the office allowance which the assessee was entitled to receive were Rs. 50,719 and Rs. 13,963 for the two years. Under clause 2 (e) of the managing agency agreement the commission was due to the assessee on December 31, 1954 and December 31,... | 0[ds]According to the finding of the Tribunal the assessee company gave up the office allowance on the ground of commercial expediency. It opined that the managed companys financial position was not sound during the relevant accounting years and it was necessary for the assessee company to give up the office allowance ... | 0 | 3,537 | 689 | ### 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:
on the sale of cloth and yarn for the two years. The total amounts, including the office allowance wh... |
Commissioner of Trade Tax, U.P Vs. Bhushan Steel And Strips Ltd | transformers for running of the factory are concerned. 12. In the case of Kajaria Ceramics Ltd. (supra), this Court specifically dealt with the issue whether preoperative expenses in the form of payment of interest to the financial institution would form preoperative expenses as part of the "fixed capital investment". ... | 1[ds]13. After carefully considering the submissions made by both the learned counsel, we are of the considered view that insofar as the first legal issue raised and canvassed before us by the Revenue is squarely covered by the observations made by this Court in Kajaria Ceramics Ltd.(supra) and therefore, the first que... | 1 | 2,196 | 421 | ### 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:
transformers for running of the factory are concerned. 12. In the case of Kajaria Ceramics Ltd. (supr... |
Commissioner Of Income-Tax U.P. Lucknow Vs. The Maheshwari Devi Jute Mills Ltd. Kanpur | or by letting it out to others, consideration received for allowing the transferee to use that asset is income received from business and chargeable to income-tax. In support of his contention counsel relied upon the Judgment of this court in Commissioner of Excess Profits Tax Bombay City v. Shri Lakshmi Silk Mills Ltd... | 0[ds]6. Distinction between revenue and capital in the law of income-tax is fundamental. Tax is ordinarily not levied on capital profits; it is levied on income. It is well settled that sale of stock-in-trade or circulating capital or rendering service in the course of trading results in a trading receipt; sale of asse... | 0 | 2,407 | 512 | ### 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:
or by letting it out to others, consideration received for allowing the transferee to use that asset is in... |
Shyam Behari And Others Vs. State Of Madhya Pradesh And Others | or for a company, a declaration shall be made to that effect. Further the proviso to S. 6 (1) provides that no such declaration shall be made unless the compensation to be awarded for such property is to be paid by a company, or wholly or partly out of public revenues or some fund controlled or managed by a local autho... | 1[ds]Section 6 (1) of the Act requires that whenever any land is needed for a public purpose or for a company, a declaration shall be made to that effect. Further the proviso to S. 6 (1) provides that no such declaration shall be made unless the compensation to be awarded for such property is to be paid by a company, o... | 1 | 2,054 | 1,099 | ### 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:
or for a company, a declaration shall be made to that effect. Further the proviso to S. 6 (1) pro... |
M/s India Meters Limited Vs. State of Tamil Nadu | goods manufactured by him, he always passes on the excise duty to the purchaser. Ordinarily it is not shown as a separate item in the bill, but it is included in the price charged by him. The sale price in such a case could be the entire price inclusive of excise duty because that would be the consideration payable by ... | 0[ds]26. According to the facts of this case, Dyer Meakin Breweries Ltd. is registered as a dealer in "Indian made foreign liquor" under the Kerala General Sales Tax Act, 1963. The company has a place of business at Ernakulam, Kerala. The liquor sold by the company is manufactured or produced in distilleries or breweri... | 0 | 4,398 | 615 | ### 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:
goods manufactured by him, he always passes on the excise duty to the purchaser. Ordinarily it is not... |
Makhan Singh Tarsikka Vs. The State Of Punjab | Patanjali Sastri, CJ. 1. This is petition under article 32 of the Constitution praying for the release of the petitioner from his alleged unlawful detention. We accepted the petition and, at the conclusion of the hearing, ordered the petitioner to be released. We now proceed to give the reasons for our order. 2. The pe... | 1[ds]3. It will be seen that the terms of the order make it clear that it was intended to operate as a fresh order for the detention of the petitioner and this view is strengthened by the fact that the order was followed by the service of a fresh set of grounds on the petitioner as required by section 7 of the Act; a p... | 1 | 1,099 | 541 | ### 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:
Patanjali Sastri, CJ. 1. This is petition under article 32 of the Constitution praying for the release of th... |
Nagar Ayukt Nagar Nigam, Kanpur and Ors Vs. Mujib Ullah Khan and Ors | of definition of an ‘employee’ under Section 2 (e) of the Act. Therefore, the employees of the Municipalities are entitled to the gratuity in terms of the provisions of the Act.6. The appellant relies upon Section 3 of the U.P Dookan Aur Vanijya Adhishthan Adhiniyam, 1962 1962 Act which is to the effect that such Act w... | 0[ds]8. A perusal of the above provisions would show that the Act is applicable to (1) every factory, mine, oilfield, plantation, port and railway company; (2) every shop or establishment within the meaning of any law for the time being in force in relation to shops and establishments in a State, in which ten or more p... | 0 | 1,637 | 572 | ### 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 definition of an ‘employee’ under Section 2 (e) of the Act. Therefore, the employees of the Municipalities are entitled... |
M/S. Master Marine Services Pvt. Ltd Vs. Metcalfe & Hodgkinson Pvt. Ltd. | of appeal but merely reviews the manner in which the decision was made. The Court does not have the expertise to correct the administrative decision. If a review of the administrative decision is permitted it will be substituting its own decision, without the necessary expertise, which itself may be fallible. The Gover... | 1[ds]The tender document shows that the CONCOR had adopted a two bid process for making selection and award of the contract. The first part consisting of pre-qualification bid required submission of documents to show proof of experience, deposit of earnest money, constitution of the firm/company, turn over for past thr... | 1 | 4,782 | 1,329 | ### 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 appeal but merely reviews the manner in which the decision was made. The Court does not have the e... |
United India Insurance Co.Ltd Vs. Patricia Jean Mahajan | of the amount awarded which is on account of future expenditure yet to be incurred by the claimants. The interest is to be awarded on the amount which is payable on the date of the award. It is also to be noted that in some cases interest at the rate of 6% was awarded. This case however does not help the appellant Insu... | 1[ds]10. From the provisions quoted above, it is clear that a claim under Section 166 covers cases of all kinds of bodily injuries or damage to the property of third party or both. Under the explanation to1 of Section 165 it has been indicated that the provision includes the claims for compensation under Section 140 an... | 1 | 11,198 | 3,842 | ### Instruction:
First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document.
### Input:
of the amount awarded which is on account of future expenditure yet to be incurred by the claimants. The interest is to be ... |
Sree Gajanana Motor Transport Co. Ltd Vs. The State Of Karnataka And Ors | its quasi-judicial powers. The attack on the validity of the Government direction is thus two fold: firstly, that it falls outside the scope of Section 43(1) of the Act as charges for carrying mail are not "freight" on goods carried; and, secondly, that no directions could be given to a quasi-judicial authority as to h... | 0[ds]A reference to Section 59, sub. s. (3)(c) would show that acceptance of the fixed rates of fares and freights, after their notification under Section 43, becomes a condition which has to be automatically attached to a permit. The Regional Transport Authority has no option on this matter. This is what this Court he... | 0 | 1,914 | 373 | ### 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:
its quasi-judicial powers. The attack on the validity of the Government direction is thus two fold: firstly,... |
Asst.Engineer,Rajasthan Dev.Corp Vs. Gitam Singh | month’s pay and allowances in lieu of notice as per the requirement of Section 25-F(a) of the ID Act. On industrial dispute being raised, the Labour Court found that there was compliance of Section 25-F but it was found that the termination was violative of Section 25-G of the ID Act and, accordingly, Labour Court pass... | 0[ds]It has always been the view of this Court that there could be circumstance(s) in a case which may make it inexpedient to order reinstatement. Therefore, the normal rule that dismissed employee is entitled to reinstatement in cases of wrongful dismissal has been held to be not without exception. Insofar as wrongful... | 0 | 4,825 | 1,539 | ### 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:
month’s pay and allowances in lieu of notice as per the requirement of Section 25-F(a) of the ID Act. O... |
Ahmedabad Manufacturing & Calico Printing Company Limited Vs. Commissioner of Excess Profits Tax, Bombay North Kutch & Saurashtra | was paid, percentage of bonus to salary ranged between 412 to 884%, if payment was calculated before deducting the excess profits tax. In the case of the fifth employee to whom no salary was paid in the year, a sum of no less than Rs. 2,46,260 was paid as bonus in the relevant year. He also showed that the percentage o... | 1[ds]From the above facts, it is clear that the payments made to the five employees and the 53 employees admitted to the benefits of the Provident Fund are clearly excessive having regard to the requirements of the business and the actual services rendered by the powers concerned within the meaning of Rule 12(1) of Sch... | 1 | 4,300 | 697 | ### 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:
was paid, percentage of bonus to salary ranged between 412 to 884%, if payment was calculated before ... |
Kailash Shahra Vs. Idbi Bank Limited | the Review Committee.41. The judgment of the Honble Supreme Court in the case of State Bank of India (supra), though not directly on the point, still, while negating the contention of the respondents that services of a lawyer ought to be mandatorily provided while meeting the allegations in the show cause notice, in pa... | 1[ds]10. Since the arguments before us are revolving around the adherence to the principles of natural justice, we do not wish to make detailed reference to the correspondence on record. All that we have is a grievance that the notice dated 8th December, 2017 informs the petitioner that the Review Committee has passed ... | 1 | 12,424 | 2,341 | ### Instruction:
Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document.
### Input:
the Review Committee.41. The judgment of the Honble Supreme Court in the case of State Bank of India (s... |
M/S. Telestar Travels Pvt. Ltd. Vs. Special Director Of Enforcement | contravention of the Customs Duty Act and also FERA. When the petitioner seeks for cross-examination of the witnesses who have said that the recovery was made from the petitioner, necessarily an opportunity requires to be given for the cross-examination of the witnesses as regards the place at which recovery was made. ... | 0[ds]18. There is, in our opinion, no merit even in that submission of the learned counsel. It is evident from Rule 3 of the Adjudication Rules framed under Section 79 of the FERA that the rules of procedure do not apply to adjudicating proceedings. That does not, however, mean that in a given situation, cross examinat... | 0 | 6,617 | 1,427 | ### 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:
contravention of the Customs Duty Act and also FERA. When the petitioner seeks for cross-examination ... |
Vithal Tukaram Kadam And Anr Vs. Vamanrao Sawalaram Bhosale And Ors | the present case. It was held that limited transfer of title with option for reconveyance in one document, qualified the agreement as mortgage by conditional sale.11. In Indira Kaur v. Sheo Lal Kapoor, (1988) 2 SCC 488 , it was held that the inordinately long period of time for ten years, under the agreement to seek re... | 1[ds]There can be no hard and fast rule for determining the nature of the document devoid of these circumstances.The essentials of an agreement, to qualify as a mortgage by conditional sale, can succinctly be broadly summarised. An ostensible sale with transfer of possession and ownership, but containing a clause for r... | 1 | 2,344 | 660 | ### Instruction:
Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document.
### Input:
the present case. It was held that limited transfer of title with option for reconveyance in one docume... |
Vr. M. Sm. Karuppan Chettiar and Others Vs. Commissioner of Income Tax, Madras | 889 and $85, 479 constitute income of the assessee for assessment in the years 1954-55 and 1956-57 respectively ?(2) Whether replantation dividend receipts of $20, 272 and $14, 408 constitute income of the assessee for assessment in the years 1954-55 and 1956-57 respectively ? "The answer to the second question will be... | 0[ds]It was for the first time argued before the High Court that since the assets lost or damaged retained a certain value in the books of account, only the difference between the amounts received by the assessee and the book value of the assets should be brought to tax. Even if that contention was open to the assessee... | 0 | 1,128 | 202 | ### 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:
889 and $85, 479 constitute income of the assessee for assessment in the years 1954-55 and 1956-57 respectiv... |
D. Shanmukha Sundaramma Vs. D. Suneetha | Dr. Arijit Pasayat, J. 1. Leave granted. 2. Heard learned counsel for the appellant. 3. None appears on behalf of the respondents in spite of service of notice. 4. Challenge in these appeals is to the order passed by a learned Single Judge of the Andhra Pradesh High Court. 5. The background facts in a nutshell are as f... | 1[ds]7. It is pointed out that total amount deposited by the Insurance Company is Rs.4,22,438/-. On the basis of the High Courts order, both the appellant and the widow of the deceased have withdrawn one fourth amount each. The insurer has filed an affidavit indicating that it has no role on the question of apportionme... | 1 | 715 | 176 | ### 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:
Dr. Arijit Pasayat, J. 1. Leave granted. 2. Heard learned counsel for the appellant. 3. None appears on behalf of the respon... |
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