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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Chinubhai Haridas Vs. The State Of Bombay | that the occupier or the manager had failed to take all reasonable measures for preventing the entry. The burden thus is on the prosecution to prove that the occupier or the manager had not taken all reasonable steps for preventing the entry and not on the occupier or the manager to prove that he had taken all such rea... | 0[ds]1. We do not think it necessary to consider these other sections in detail. It is enough to point out that there is one vital difference between the provisions of these other sections and the provision contained in S. 36 (3). Section 36 (3) prohibits the worker from entering the pit etc. while these other sections... | 0 | 3,229 | 1,038 | ### Instruction:
Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction.
### Input:
that the occupier or the manager had failed to take all reasonable measures for preventing the entry. T... |
Urmila Roy Vs. M/S Bengal Peerless Hng.Devt.Co.Ltd.&Ors | sector company with the Housing Board; the constitution of the Board of Directors of the joint sector company; the control of the Housing Board and the State Government over the joint sector company to execute the scheme of the housing project; control on the fixation of prices of the flats to be constructed by the joi... | 0[ds]The learned counsel for the respondent has on the contrary referred us to Sections 17, 18 and 27A of the 1972 Act to submit that the said Act specifically provided for the transfer of the acquired land to a Joint Sector Company for the purpose of the execution of the Housing Scheme with the previous approval of th... | 0 | 9,430 | 1,032 | ### 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:
sector company with the Housing Board; the constitution of the Board of Directors of the joint sector company; th... |
M/s. Jai Vijai Metal Udyog Pvt. Ltd. Industrial Estate, Varanasi Vs. The Commissioner, Trade Tax, U.P. Lucknow | further enquiry. It is asserted that the said decision does not conclude the issue against the Dealer as pleaded on behalf of the Revenue. Learned counsel also points out that pursuant to the remand by the High Court in the case of HINDALCO, the Assessing Officer examined the entire issue afresh; by summoning the repre... | 1[ds]Now, coming to the second issue, it is trite that in view of the inherent complexity of fiscal adjustment of diverse elements, a wider discretion is given to the Revenue for the purpose of taxation and ordinarily different interpretations of a particular tariff entry by different authorities as such cannot be assa... | 1 | 2,317 | 269 | ### 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:
further enquiry. It is asserted that the said decision does not conclude the issue against the Dealer as pleaded on behalf o... |
Tamil Nadu Electricity Board Vs. M/S.Rasipuram Textile (P) Ltd | (1) of section 24; or (b) lays, or causes to be laid, or connects up any works for the purpose of communicating with any other works belonging to a licensee, (***); or (c) maliciously injures any meter referred to in section 26,sub-section(1) or any meter, indicator or apparatus referred to in section 26,sub-section (7... | 0[ds]We have noticed hereinbefore that how the learned trial Judge has dealt with the entire aspect. Learned trial Judge has misconstrued and misinterpreted the provisions of Section 49A of the ActIn terms of Sub-section (1) of Section 49A, it is for the complainant to prove that the Director of the Company at the time... | 0 | 2,411 | 240 | ### Instruction:
Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case.
### Input:
(1) of section 24; or (b) lays, or causes to be laid, or connects up any works for the purpose of communicat... |
M/s Ambience Infrastructure Private Limited (Now known as) Ambience Developers and Infrastructure Pvt Ltd and Another Vs. Ambience Island Apartment Owners and Others | 1. These appeals are from an order of the National Consumer Disputes Redressal Commission dated 3 November 2015. The order of the NCDRC is in execution proceedings arising out of an original judgment and order dated 19 March 2014 in Consumer Case No 93 of 2004. By its order dated 19 March 2014, the NCDRC directed the a... | 0[ds]7. From the above provision, it is evident that an appeal under Section 23 is maintainable against an order which has been passed by the NCDRC on a complaint where the value of the goods or services and compensation, if any, claimed, exceeds the threshold which is prescribed.8. In a recent judgment in Karnataka Ho... | 0 | 788 | 146 | ### 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. These appeals are from an order of the National Consumer Disputes Redressal Commission dated 3 November 20... |
Commissioner,Delhi Value Added Tax Vs. M/S Abb Ltd | Movement of goods from Belgium to India was in pursuance of the conditions of the contract between the assessee and the Director-General of Supplies. There was no possibility of these goods being diverted by the assessee for any other purpose. Consequently we hold that the sales took place in the course of import of go... | 0[ds]11. A Constitution Bench of this Court had the occasion to consider in the case of M/s. K.G. Khosla & Co. (supra) whether sales in that case were in the course of imports. The assessee in that case had a contract with the Director General of Supplies, New Delhi for supply of axle bodies manufactured by its princip... | 0 | 5,236 | 657 | ### 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:
Movement of goods from Belgium to India was in pursuance of the conditions of the contract between the assessee an... |
Vikram Singh @ Vicky & Another Vs. Union of India & Others | must be “so excessive as to outrage standards of decency” and disproportionate to the extent that Canadians “would find the punishment abhorrent or intolerable”. 49. To sum up: (a) Punishments must be proportionate to the nature and gravity of the offences for which the same are prescribed.(b) Prescribing punishments i... | 0[ds]8. There is no gainsaying that in an appeal directed against an order of conviction and sentence, the appellant is entitled to urge all such contentions as are open to him in law and on facts.One of the contentions open to the aggrieved convict in such cases is that the provision under which he has been convicted ... | 0 | 13,997 | 1,777 | ### 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:
must be “so excessive as to outrage standards of decency” and disproportionate to the extent that Canad... |
Sri Biswanath Banik & Anr Vs. Smt. Sulanga Bose & Ors | held by this Court in the case of Ram Prakash Gupta (supra), rejection of a plaint under Order VII Rule 11(d) CPC by reading only few lines and passages and ignoring the other relevant parts of the plaint is impermissible. In the said decision, in paragraph 21, it is observed and held as under:- 21. As observed earlier... | 1[ds]As observed and held by this Court in the case of Ram Prakash Gupta (supra), rejection of a plaint under Order VII Rule 11(d) CPC by reading only few lines and passages and ignoring the other relevant parts of the plaint is impermissible. In the said decision, in paragraph 21, it is observed and held as under:-21.... | 1 | 2,575 | 1,080 | ### 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:
held by this Court in the case of Ram Prakash Gupta (supra), rejection of a plaint under Order VII Rule 11(d... |
Employees State Insurance Corporation Vs. Mangalam Publications (India) Pvt. Ltd | used in the Employees State Insurance Act.10. The Employees State Insurance Act is a piece of social welfare legislation enacted for the benefit of the employees. The Act has to be necessarily so construed as will serve its purpose and objects.11. I entirely agree with my learned brother that on a proper interpretation... | 1[ds]6. There cannot be any dispute that if the interim relief paid by the respondent is held by this Court as "wages" as defined under Section 2(22) of the ESI Act, then the respondent is necessarily liable to pay ESI contribution on the amount of interim relief paid to itsplain reading of thedefinition of Section 2(2... | 1 | 4,305 | 989 | ### 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:
used in the Employees State Insurance Act.10. The Employees State Insurance Act is a piece of social welfar... |
Master Mallikarjun Vs. Divisional Manager, The National Insurance Company Limited and Anr | hand at the basis of index finger. 4. Negligence of the rider was proved. The child was treated as inpatient from 05.06.2006 to 01.08.2006, for 58 days. He was operated on 24.06.2006. Six months after the discharge, he was seen by the doctor on 15.02.2007 for follow up. It is in evidence that the patient had the follow... | 1[ds]Though it is difficult to have an accurate assessment of the compensation in the case of children suffering disability on account of a motor vehicle accident, having regard to the relevant factors, precedents and the approach of various High Courts, we are of the view that the appropriate compensation on all other... | 1 | 1,277 | 272 | ### 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:
hand at the basis of index finger. 4. Negligence of the rider was proved. The child was treated as inpatient from 05.06.2... |
Municipal Board, Kannauj Vs. State Of Uttar Pradesh, & Ors | dismissal passed by the Executive Officer was prejudicial to the public interest. The question, however, is whether, after the order of dismissal had been passed on the 9th April 1964, the State Government had the power virtually to set aside or cancel the order under the cover of purposing "to prohibit the execution o... | 1[ds]It should be noted that the words underlined above were inserted by an amendment which came into force on 30th November, 1964, that is to say, much after the order of dismissal by the Executive Officer had been passed, though before the order of the State Government dated 12th May, 1965. Before the amendment, the ... | 1 | 2,966 | 1,182 | ### 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:
dismissal passed by the Executive Officer was prejudicial to the public interest. The question, however, is whether, after ... |
Tata Consultancy Services Vs. State Of A P | consequence to comply the same may lead to a penalty. This aspect of the matter has been considered by this Court in Indian Handicrafts Emporium (supra). Proceeding on the basis that there existed a dichotomy, the Court ultimately held that the resolution will have to be reached by reading the entire statute as a whole... | 0[ds]What then, is the software program? If a person goes to a store to purchase an item of software, he will most likely be given a box containing a series of floppy discs or a single CD-ROM and some instructional material. Within the floppy discs or the CD-ROM will be all the components of the program that one requir... | 0 | 15,050 | 1,604 | ### 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:
consequence to comply the same may lead to a penalty. This aspect of the matter has been considered b... |
Nonsuch Estate Ltd Vs. The Commissioner Of Income-Tax, Madras | managing agents. For the assessment year 1959-60 for which the previous year was July 1, 1957 to June 30, 1958, a total sum of Rs. 97,188/- was shown as managing agents remuneration payable during that year. This amount was made up as under:Amount"Proportionate remuneration for 3 months at 5 per cent on the net profits... | 1[ds]In our judgment the High Court was in error in answering the question referred to it against the assessee. It appears that theauthorities, the Tribunal and the High Court all laid special emphasis on the fact that the Company followed the mercantile system of accounting. The distinction between the two methods of ... | 1 | 1,876 | 307 | ### 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:
managing agents. For the assessment year 1959-60 for which the previous year was July 1, 1957 to June 30, 1... |
The Navnirman Development Consultants (I) Pvt. Ltd Vs. The Divisional Commissioner & President District Sports Complex Executive Committee | to the Tribunal for its adjudication. The respondent, despite demand made by the appellant, failed to constitute the Arbitral Tribunal and, therefore, the appellant was constrained to file an application under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Act") before the ... | 1[ds]11. Having heard learned counsel for the appellant and on perusal of the record of the case, we are constrained to allow the appeals, set aside the impugned order and remand the case to the High Court for deciding the appeal afresh on merits.In our considered opinion, the need to remand the case to the High Court ... | 1 | 1,331 | 389 | ### 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:
to the Tribunal for its adjudication. The respondent, despite demand made by the appellant, failed to constitute the Arbit... |
Davendra Bhaishankar Mehta Vs. Rameshchandra V. Sheth | he should pay the amount in question to Shri Bal ubhai Modi and also to the appellant towards legal expenses and other expenses so that loan for Rs.7 lakhs would be advanced to him without delay. Such case, according to the learned counsel, could not be established by any corroborative evidence but has been accepted by... | 0[ds]We are, however, unable to accept the said contention of the learned counsel. We have carefully considered the materials on record and the reasoning of the Disciplinary Committee in the impugned judgment and we are unable to hold that the findings of the Disciplinary committee are outcome of any closed mind or bia... | 0 | 6,387 | 960 | ### 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:
he should pay the amount in question to Shri Bal ubhai Modi and also to the appellant towards legal expenses and other ex... |
Surinder Kumar and Ors Vs. Gian Chand and Ors | the mortgage. They alleged that they were the "representatives and heirs" of Lala Guranditia Mal under the will and in their replication they just stated: "We are heirs and representatives of Lala Guranditta Mal mortgagee deceased" Inter alia the defendants pleaded that they had no knowledge of the will alleged to have... | 1[ds]7. In our opinion the fact of the grant of the probate which has supervened since the decision under appeal was given and which has been placed before this Court must be taken into consideration in deciding the appeal. In that event the infirmity in the appellants case due to the want of proper attestation of the ... | 1 | 1,228 | 108 | ### Instruction:
Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding.
### Input:
the mortgage. They alleged that they were the "representatives and heirs" of Lala Guranditia Mal under the will an... |
W.S.G. Cricket Private Limited Vs. Modi Entertainment Network & Another | the reference. The award rendered by the Umpire was lodged in the Bombay High Court. Subsequently the Umpire rendered a supplementary award relating to costs which has been termed as "final award". About a month after the lodging of the award in the High Court of Bombay by the Umpire at the instance of the respondent, ... | 1[ds]In the circumstances, we have no hesitation to hold that the present application for injunction is completely misconceived. The remedy of the plaintiffs is to raise objection before the court in England where the defendant has instituted its claim.Chinoy strenuously contended that documents were not intentionally ... | 1 | 4,418 | 222 | ### Instruction:
Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding.
### Input:
the reference. The award rendered by the Umpire was lodged in the Bombay High Court. Subsequently the Umpire rendered a su... |
State Of Karnataka Vs. M.V. Mahesh | Rajendra Babu, J. 1. This case bristles with mystery over mystery as to the disappearance of Beena, wife of the respondent. On a complaint lodged about the missing of the said Beena, investigation was taken up by the police and on recovery of human bones M.O. 13 to M.O. 20 which were subjected to DNA examination, in or... | 0[ds]So far as the respondent is concerned, no motive appears to have been established. Further the statement of the respondent as such leading to the discovery is neither marked nor put to the witnesses for prosecution. Indeed, whether the statement made by him really led to the discovery itself is in doubt inasmuch a... | 0 | 786 | 196 | ### 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:
Rajendra Babu, J. 1. This case bristles with mystery over mystery as to the disappearance of Beena, w... |
Charge Substation Vs. Workmen Shift In-Addl. Industrial Tribunal, Delhi and Others | Krishna Iyer, J.This civil appeal springs from an award by the Delhi Industrial Tribunal which is challenged by a small category of workmen who are 200 in number, the only financial impact where of would be around Rs. 6000. The industrial dispute which led to the award relates to the year 1967 and it is unfortunate tha... | 1[ds]4. Industrial justice is not an application of rigid formulae but, in consonance with Part IV of the Constitution, award of wages which are substantially just, subject, of course, to well recognised principles evolved by this Court. Bearing in mind all these factors, we direct that the award of the Tribunal be mod... | 1 | 640 | 208 | ### 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:
Krishna Iyer, J.This civil appeal springs from an award by the Delhi Industrial Tribunal which is challenged by a small cate... |
Kerala State Fin. Entps Vs. Jacob Alexander | sufficient if they pay only the balance amount after such deduction (dividend). (c) Auction discount will be distributed to all subscribers in pro portion to their ticket share, irrespective of whether prized, non prized, auctioned or non auctioned. But prized and auctioned subscribers will not be eligible for the auct... | 0[ds]Even though notice had been duly served on the plaintiff respondent but since the plaintiff did not appear either in person or through counsel and in view of the importance of th e matter we thought it appropriate to take the assistance of a counsel and Mr. Sitaramiah, learned senior counsel agreed to render assis... | 0 | 3,316 | 277 | ### 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:
sufficient if they pay only the balance amount after such deduction (dividend). (c) Auction discount will be dist... |
P. Parthasarathy Vs. State Of Karnataka | acquired is proposed to be a part of the peripheral road being a part of the aforesaid developmental infrastructure. 14. The issue that arises for our consideration is whether there was any inaccuracy with regard to the description of the boundaries of the land which is sought to be acquired by the respondents. In fact... | 0[ds]In our considered opinion full opportunity having been given to the petitioner to place his case and to oppose the acquisition process, there could be no further grievance of the petitioner in that regard.16. We are also of the opinion that no prejudice is caused to the petitioner in any manner for the land was re... | 0 | 2,809 | 406 | ### 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:
acquired is proposed to be a part of the peripheral road being a part of the aforesaid developmental infrast... |
Rai Sahib Ramdayal Ghasiramoil Mills Vs. The Labour Appellate Tribunaland Another | within one year from the date the award becomes enforceable, the employers will give first preference to those workmen in annexures A, B and C, that is, no workmen will be employed in the factory other than those employed at present without giving them first opportunity for employment and that on terms as to basic wage... | 1[ds]It seems to us that the contention of the appellant that the industrial tribunal consisting of Mr. Patil had no jurisdiction to adjudicate upon the dispute is correct and must be upheld. Sub-section (1) of S. 7 as it then stood empowered the appropriate Government to constitute one or more industrial tribunals for... | 1 | 1,645 | 670 | ### 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:
within one year from the date the award becomes enforceable, the employers will give first preference to thos... |
M/S CONNECTWELL INDUSTRIES PVT.LTD Vs. UNION OF INDIA THROUGH THE MINISTRY OF FINANCE & ORS | the High Court. In view of the above findings, the High Court dismissed the Writ Petition. 5. It was submitted by Mr. Basava Prabhu Patil, learned Senior Counsel and Mr. Amar Dave, learned counsel appearing on behalf of the Appellant that the property in dispute was mortgaged by the BPIL in 2000 and the recovery certif... | 1[ds]8. It is trite law that, unless there is preference given to the Crown debt by a statute, the dues of a secured creditor have preference over Crown debts10. There is no dispute regarding the facts of this case. The property in dispute was mortgaged by BPIL to the Union Bank of India in 2000 and the DRT passed an o... | 1 | 1,853 | 292 | ### 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 High Court. In view of the above findings, the High Court dismissed the Writ Petition. 5. It was submitte... |
Special Deputy Collector Vs. J. Sivaprakasam | served on him, if the person appears before the authority on that date or participates in the subsequent proceedings, then the person can be said to have implied notice.21.3 Notice arising by presumption of law from the existence of certain specified facts and circumstances is constructive or deemed notice. For example... | 1[ds]19. We have held that the object and purpose of the amended Section 4(1) of the Act is to provide for publication of the preliminary notification in two daily newspapers having reasonably wide circulation in the locality so that people (persons interested) in that locality may become aware of the proposals for acq... | 1 | 5,761 | 1,878 | ### 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:
served on him, if the person appears before the authority on that date or participates in the subsequen... |
H.S. Ahammed Hussain Vs. Irfan Ahammed | the cases of Narendra Kumar (supra) and Chinnama George (supra) were distinguished on facts. That apart the case of Chinnama George (supra) is otherwise also distinguishable as in that case, on behalf of the insured, no argument was addressed whereas the appeal was argued only on behalf of the insurer. That apart the p... | 1[ds]Even though, this Court held that the appeal of the insured could proceed on merit and could not have been dismissed merely because the insurer joined therein, as it did not find any ground to interfere with the quantum of compensation on merit, order of the High Court was not upset. In United India Insurance Co. ... | 1 | 3,031 | 726 | ### 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 cases of Narendra Kumar (supra) and Chinnama George (supra) were distinguished on facts. That apart the ... |
Khursida Begum (D) By Lrs Vs. Mohammad Farooq (D) By Lrs | has also not been pleaded or proved in any manner that the property in question is freehold property in a large commercial town, so as to attract clause (d) of the exception as referred to above.After having considered the entire facts and circumstances of the present case, in view of the clear provisions of law, as re... | 1[ds]13. The courts below have held the gift to be invalid on the ground that it was gift of undivided property which is capable of division and was not covered by any of the exceptions to the rule that gift of such property is irregular. It is submitted by learned counsel for the appellant that the property is freehol... | 1 | 2,402 | 570 | ### 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:
has also not been pleaded or proved in any manner that the property in question is freehold property in a la... |
Razakali Khureshi Sandhi Vs. State of Gujarat | In addition to this, the appellant was convicted under Sections 307, 225, 332 and 333 of the Indian Penal Code and was sentenced to suffer RI for various terms in addition to the payment of fine. Harun Jasub Bhaya, original accused No. 8, however, was convicted under Section 224 of the Indian Penal Code and was sentenc... | 0[ds]We have gone through his evidence carefully and we find that his evidence suffers from no infirmity as regards the identity of the appellant. The learned Advocate for the appellant despite his efforts could not persuade us to disbelieve the evidence of these two witnesses. The trial court, in our opinion, has righ... | 0 | 1,997 | 444 | ### Instruction:
Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding.
### Input:
In addition to this, the appellant was convicted under Sections 307, 225, 332 and 333 of the Indian Penal Code and... |
Samaj Parivartana Samudaya & Others Vs. State of Karnataka & Others | provide a method for online deposit of applicable royalty, taxes, contribution to the Special Purpose Vehicle (SPV) and other statutory duties; along with the subsequent online confirmation of such receipt.(V) The mechanism must consist of checks-and-balances which can be implemented across the e-platform, in order to ... | 0[ds]9. What has been suggested in the report of the CEC dated 28th April, 2016 and theapproval thereof by the State of Karnataka along with the suggestions offered by the State would seem to indicate that in place of Monitoring Committee constituted by this Court another Monitoring Committee consisting of officials of... | 0 | 1,442 | 487 | ### 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:
provide a method for online deposit of applicable royalty, taxes, contribution to the Special Purpose Vehicl... |
Whirlpool Corporation Vs. Registrar of Trade Marks, Mumbai | the High Court and the Registrar perform the function of the tribunal, only in cases where proceedings are pending. Proceedings in the case of statutory bodies, like this, need not be a dispute between two contending private parties. It could be a dispute between the adjudicating party and the party against whom the pr... | 1[ds]19. That being so, the High Court was not justified in dismissing the writ petition at the initial stage without examining the contention that the show cause notice issued to the appellant was wholly without jurisdiction and that the Registrar, in the circumstances of the case, was not justified in acting as the T... | 1 | 11,366 | 2,270 | ### 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 High Court and the Registrar perform the function of the tribunal, only in cases where proceedings are pe... |
Kahan Singh & Others Vs. State of Haryana | true both by the trial Court as well as by the High Court. Their evidence receives support from the evidence of P. W. 8, Gobind Ram and P. W. 9, Gurcharan Singh. According to P. W. 9, at about the time of the occurrence. he was returning to his house after answering the calls of nature. At that time he saw the four app... | 0[ds]Therefore the complaint of P. W. 4, Harnam Das that the police were trying to sabotage the prosecution case cannot be dismissed as being frivolous.From the two versions put forward by the prosecution and the accused, it is clear that an incident did take place at the place and tune mentioned in the charge as a res... | 0 | 2,883 | 931 | ### 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:
true both by the trial Court as well as by the High Court. Their evidence receives support from the evidence of P. W. 8, ... |
Kalyan Singh Chouhan Vs. C.P.Joshi | Act, the scope of inquiry shall remain confined to two questions—(a) finding out any votes having been improperly cast in favour of the returned candidate, and (b) any votes having been improperly refused or rejected in regard to any other candidate. In such a case an inquiry cannot be held into and the election petiti... | 0[ds]The Election Tribunal therein did not record any evidence on behalf of the respondents and proceeded to decide the case after the evidence of the witnesses of the appellant had been recorded and after the box containing the relevant papers had been opened and those papers were examined. In view of the fact that th... | 0 | 6,485 | 284 | ### 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:
Act, the scope of inquiry shall remain confined to two questions—(a) finding out any votes having been improperly ... |
State Of Maharashtra Vs. B.E. Billimoria | not including, -(i) land on which construction of a building is not permissible under the building regulations in force in the area in which such land is situated." A plain reading of the provision would show that any land on which construction is not permissible under the building regulations in force in the area woul... | 0[ds]This provision makes it absolutely clear that where any firm or incorporated association or body of individuals holds vacant land, then the right or interest of any person in such vacant land shall be taken into account on the basis of his share in such firm or association or body. In view of this specific provisi... | 0 | 2,799 | 957 | ### 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:
not including, -(i) land on which construction of a building is not permissible under the building regulat... |
PAVAN VASUDEO SHARMA Vs. THE STATE OF MAHARASHTRA THR. SECRETARY | were apprehended during investigation of the kidnapping case. No material in that behalf is produced on record. Nothing is clear on record as to who was the third person. b) According to PW11 Police Naik Nagare he had lost consciousness for a while after he was assaulted by those three persons; that after he regained c... | 1[ds]13. The facts narrated above bring out the followingGoing by FIR at Exhibit 106, three persons were responsible for robbing PW11 Police Naik Nagare of his service weapon. Though the description of all three persons was given in FIR Exhibit 106, no Test Identification Parade was undertaken when four suspects were a... | 1 | 2,887 | 760 | ### 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:
were apprehended during investigation of the kidnapping case. No material in that behalf is produced on record. Nothing i... |
Ramesh Kumar And Ors Vs. Bhatinda Integrated Cooperative Cotton Spinning Mill and Ors | Now so far as the submission on behalf of the land owners that while considering the annual increase at the rate of 12%, the High Court ought to have applied the cumulative rate and reliance placed upon the decision of this Court in Rameshbhai Jivanbhai Patel (Supra) and in the case of Ashok Kumar (Supra) are concerned... | 0[ds]6.1 In the present case the Notification under Section 4 of the Act has been issued on 06.06.1988. The land in question was acquired for the public purpose for establishing Bhatinda Integrated Cooperative Cotton Spinning and Ginning Mills Ltd. The Land Acquisition Officer, Bhatinda awarded the compensation conside... | 0 | 3,479 | 1,262 | ### 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:
Now so far as the submission on behalf of the land owners that while considering the annual increase at the rate ... |
Prakash Nath Khanna and Anr Vs. Commissioner of Income Tax and Anr | employed there is clear. (See Smt. Nandini Statpathy v. P.L. Dani and Anr. (AIR 1978 SC 1025 ) In the present case as noted above, the provisions of Section 276-CC are in clear terms. There is no scope for trying to clear any doubt or ambiguity as urged by learned counsel for the appellants. Interpretation sought to be... | 0[ds]18. The heading of the Section or the marginal note may be relied upon to clear any doubt or ambiguity in the interpretation of the provision and to discern the legislative intent. In C.I.T v. Ahmedbhai Umarbhai and Co. (AIR 1950 SC 135) after referring to the view expressed by Lord Machnaghten in Balraj Kunwar v.... | 0 | 5,377 | 1,318 | ### 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:
employed there is clear. (See Smt. Nandini Statpathy v. P.L. Dani and Anr. (AIR 1978 SC 1025 ) In the present case as noted... |
T.V. RAMAKRISHNA REDDY Vs. M. MALLAPPA & ANR | suits for injunction. 12. In this background, we will have to consider the facts of the present case. 13. The plaintiff-appellant claims to be the owner of the suit property on the basis of a sale-deed executed by one K.P. Govinda Reddy in his favour on 13.4.1992. In turn, according to him, the said property was sold b... | 0[ds]9. The issue is no more res integra. The position has been crystalised by this Court in the case of Anathula Sudhakar v. P. Buchi Reddy (dead) by L.Rs. and others (2008) 4 SCC 594 in paragraph 21, which read thus:21. To summarise, the position in regard to suits for prohibitory injunction relating to immovable ... | 0 | 2,984 | 1,257 | ### 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:
suits for injunction. 12. In this background, we will have to consider the facts of the present case. 13. The plaintiff-a... |
State Of Assam & Another Vs. Bimal Kumar Pandit | in question. In fact, even the nature of the punishment which was proposed to be inflicted on him was not specifically and clearly indicated. The Orissa High Court had struck down the order of dismissal on the ground that the notice was defective and so, the provisions of Art. 311 (2) had been contravened. This Court i... | 1[ds]It is now well settled that a public officer against whom disciplinary proceedings are intended to be taken is entitled to have two opportunities before disciplinary action is finally taken against him. An enquiry must be conducted according to the rules prescribed in that behalf and consistently with the requirem... | 1 | 5,246 | 1,438 | ### Instruction:
Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction.
### Input:
in question. In fact, even the nature of the punishment which was proposed to be inflicted on him was not specifically and c... |
IN RE: COGNIZANCE FOR EXTENSION OF LIMITATION Vs. | 1. Due to the onset of COVID-19 pandemic, this Court took suo motu cognizance of the situation arising from difficulties that might be faced by the litigants across the country in filing petitions/applications/suits/appeals/all other proceedings within the period of limitation prescribed under the general law of limita... | 1[ds]We are of the opinion that the order dated 15.03.2020 has served its purpose and in view of the changing scenario relating to the pandemic, the extension of limitation should come to an end. | 1 | 185 | 40 | ### Instruction:
Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation.
### Input:
1. Due to the onset of COVID-19 pandemic, this Court took suo motu cognizance of the situation arising from ... |
Management of The Bangalore Woollen Cotton & Silk Mills Company Limited Vs. B. Dasappa, M.T. Represented By The Binny Mills Labour Association | be refused if the Tribunal is satisfied that the Managements action is not bona fide or that the principles of natural justice have been violated or that the materials on the basis on which the Management came to a certain conclusion could not justify any reasonable person in coming to such a conclusion. In most cases ... | 0[ds]10. The settled position in law therefore is that permission should be refused if the Tribunal is satisfied that the Managements action is not bona fide or that the principles of natural justice have been violated or that the materials on the basis on which the Management came to a certain conclusion could not jus... | 0 | 2,456 | 956 | ### 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:
be refused if the Tribunal is satisfied that the Managements action is not bona fide or that the principle... |
K. Raheja Corporation Private Limited & Another Vs. State of Goa Through Its Secretary (Industries) & Others | will not preclude the GIDC from re-considering the applications for allotment made by the companies in accordance with law.100. In those cases, where approvals were granted under the SEZ Act but the SEZs were not notified, the show cause notices have been issued by the Central Government. We have already held that the ... | 1[ds]CONSIDERATION OF QUESTIONS (a), (b) and (c)forwarding the proposal, the State government is required to attach the copies of the relevant notifications issued by it in this regard. Thus, unless recommendation of the State Government in accordance with(6) of Section 3 read with Rule 4 is received by the Board, an a... | 1 | 38,979 | 3,343 | ### 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:
will not preclude the GIDC from re-considering the applications for allotment made by the companies in accordance... |
Central Bank of India Limited Vs. Sirir Kumar Shaw | respondents application filed under S.33C (2) of the Industrial Disputes Act. This appeal has been filed in pursuance of special leave granted by this Court.2. In order to understand the point implied in this case it is not necessary to refer to the details of the Sastry Award of 1953 or the Desai Award which ceased to... | 0[ds]3. Now the procedure in the clearing house appears to be this : Each bank sends a representative to the clearing house which is maintained by the Reserve Bank of India with all cheques paid into it by its customers and drawn on various other banks. They also send their books for this purpose and send vouchers alon... | 0 | 1,269 | 719 | ### 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:
respondents application filed under S.33C (2) of the Industrial Disputes Act. This appeal has been file... |
PRAKASH CHAND MEENA Vs. STATE OF RAJASTHAN AND ANR | Kurian Joseph, J. - Leave granted. 2. The appellant approached this Court aggrieved by the denial of protection under Section 438 Cr.P.C. in respect of FIR No.202 dated 05.10.2017 registered at Police Station Banipark, District Jaipur (West). 3. This Court, on 23.01.2018, passed the following order:- Issue notice. In t... | 1[ds]4. We are informed that the investigation has been completed and the final report has been filed. The Court has taken cognizance. The appellant has been summoned. Now the case is at the stage of consideration of charge. In the meanwhile, by order dated 15.02.2018, it appears the petitioner has been released on reg... | 1 | 248 | 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:
Kurian Joseph, J. - Leave granted. 2. The appellant approached this Court aggrieved by the denial of protecti... |
Bharat Coking Coal Ltd. Vs. Steel Abrasers & Allied Prodcuts | as laid down by ISI, the appellant could legitimately demand handling charges besides the notified price, in terms of Note 14, argued Mr. Salve. To bring home his contention Mr. Salve relied upon the following averments made in the counter-affidavit filed on behalf of the appellant in the High Court : "It is stated tha... | 1[ds]11. Having carefully considered the respective contentions of the learned counsel in the light of the material on record we are inclined to accept the contentions of Mr. Salve in preference to those of Mr. Sanyal. From a combined reading of the relevant clauses of the Order and the notes appended to the notificati... | 1 | 3,042 | 607 | ### 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:
as laid down by ISI, the appellant could legitimately demand handling charges besides the notified price, in... |
FORECH INDIA LTD Vs. EDELWEISS ASSETS RECONSTRUCTION CO. LTD | 7 application under the Code on 11.01.2018, on which an order has been passed admitting such application by the NCLT on 13.04.2018. This proceeding is an independent proceeding which has nothing to do with the transfer of pending winding up proceedings before the High Court. It was open for Respondent No. 3 at any time... | 0[ds]16. We are of the view that Rules 26 and 27 clearly refer to a pre- admission scenario as is clear from a plain reading of Rules 26 and 27, which make it clear that the notice contained in Form No. 6 has to be served in not less than 14 days before the date of hearing. Hence, the expression was admitted in Form No... | 0 | 4,907 | 584 | ### 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:
7 application under the Code on 11.01.2018, on which an order has been passed admitting such application by the NCLT on 13.0... |
Mongibai Hariram Vs. State Of Maharashtra And Another | a period of one month or if the landlord re-allots the premises to another person within a year of the tenants eviction. The Court has a discretion to pass such an order on the application of the tenant. If the Act provides by S. 6 that the landlord cannot occupy the premises which had become vacant on the eviction of ... | 0[ds]35. Section 13 (1) (g) of the Rent Act entitles the landlord to recover possession of the premises if the Court is satisfied that the premises are reasonably and bona fide required by the landlord for occupation by himself or by any person for whose benefit the premises are held or where the landlord is a trustee ... | 0 | 9,339 | 1,462 | ### 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:
a period of one month or if the landlord re-allots the premises to another person within a year of the tenants eviction. T... |
M/S Queen'S Educational Society Vs. Commr.Of Income Tax | if it comes to the notice of the prescribed authority that the conditions on which approval was given, have been violated or the circumstances mentioned in 13th proviso exists, then by following the procedure envisaged in 13th proviso, the prescribed authority can withdraw the approval.(3) The capital expenditure wholl... | 0[ds]15. It is clear that the High Court did not apply its mind independently. What has been copied is one paragraph from the Supreme Court judgment in Aditanar followed by a paragraph of faulty reasoning by the Assessing Officer and the said faulty reasoning of the Assessing Officer has been wrongly said to be the law... | 0 | 10,805 | 677 | ### 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:
if it comes to the notice of the prescribed authority that the conditions on which approval was given, have been violated or... |
Prabrakar Yeshwant Joshi & Others Vs. State of Maharashtra & Others | rules and cannot therefore have the effect of amending the rules of 1960. As we have already held on art interpretation of the rules of 1960 that they do not support the contention of the petitioners, the question whether the resolution has the force of rules may not be relevant in this context, but none the less in ou... | 0[ds]It would be apparent from the 1941 rules that they merely provide for fixation of seniority of the direct recruits and officers promoted to the substantive vacancies but have nothing to do with the qualifications required for promotion to the next higher rank. Rule 6 of 1960 deals with class I posts. Clauses 1, 2 ... | 0 | 6,815 | 1,912 | ### 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:
rules and cannot therefore have the effect of amending the rules of 1960. As we have already held on art interpre... |
Ram Kumar Vs. State of Haryana | the appellants name was clearly mentioned in the applications, his involvement in the incident does not get in any way lessened or obliterated. It is also pertinent to note that the evidence given by P.W. 4 in connection with what had happened on the day of the incident when Panchayat was convened and even on previous ... | 0[ds]5. As this is an appeal on special leave, the concurrent findings reached by both the Courts on evidence cannot be lightly brushed aside and unless it is shown that the findings are against the weight of evidence or vitiated by any error of law, normally this Court would not interfere as a matter of course with su... | 0 | 3,922 | 1,055 | ### 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 appellants name was clearly mentioned in the applications, his involvement in the incident does not... |
Mohan Lal Vs. Mohun Ram | he held that though the statutory right of a minor son to be maintained by his father under Section 20 of the Hindu Adoptions and Maintenance Act, 78 of 1956 cannot invariably and in all cases be regarded as a means of livelihood of a minor, it could be taken into account on the facts and circumstances of the present c... | 0[ds]6. Counsel for the appellant did not contest the finding of the Judicial Commissioner that the respondent was inducted on the land as a tenant, and that though the lease period expired in 1960 he was still a tenant until he was evicted by a decree of a Court or had abandoned or otherwise relinquished the tenancy.T... | 0 | 1,918 | 655 | ### 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:
he held that though the statutory right of a minor son to be maintained by his father under Section 20 of the... |
A. Venkata Subba Rao & Others Vs. State of A.P. & Others | that if the terms of a specific Article do apply to a specific case, one could ignore it and seek a general Article merely on the ground that the latter affords a longer period of limitation for the filing of a suit.61. So far as the present claim for recovery of a tax illegally collected is concerned the authorities a... | 0[ds]5. It is clear that if the Government was not entitled to the amount of the surcharge, it could not retain the moneys paid by the appellants to it on that account.learned brother Ayyangar has dealt with this question and there is nothing that I have to add to that. I am in full agreement with his view that no rela... | 0 | 19,059 | 4,905 | ### Instruction:
Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document.
### Input:
that if the terms of a specific Article do apply to a specific case, one could ignore it and seek... |
Society for Un-Aided Private Schools of Rajasthan Vs. U.O.I. & Another | Cess of 1% is applicable on the subtotal of taxable income. The proceeds of the cess are directed to a separate non lapsable fund called Prarambhik Shiksha Kosh (PSK), setup by Government of India, to exclusively cater to the elementary education in India. This fund is under the control of the Ministry of Human Resourc... | 1[ds]125. As per our understanding, neither in the judgment of Pai Foundation nor in the Constitution Bench decision in Kerala Education Bill which was approved by Pai Foundation is there anything which would allow the State to regulate or control admissions in the unaided professional educational institutions so as to... | 1 | 29,772 | 3,388 | ### 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:
Cess of 1% is applicable on the subtotal of taxable income. The proceeds of the cess are directed to a separate non lapsab... |
Sahibzada Saiyed Muhammedamirabbas Abbassi & Others Vs. The State Of Madhya Bharat& Others | Ratlam for an order that he be appointed a guardian of the person and property of petitioners 2 and 3. On November 23, 1949, the second respondent, Sultan Hamid Khan, cousin of Musharraf Jehan Begam applied that he be appointed guardian of the person and property of petitioners 2 and 3 and by order dated December 5, 19... | 0[ds]4. The first petitioner had, in the meantime, applied to this court under Art. 32 of the Constitution for the reliefs which have already been set out. To this petition, petitioners 2 and 3 were impleaded as party petitioners, the first petitioner alleging that he was their natural guardian and next friend. Evident... | 0 | 1,810 | 630 | ### 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:
Ratlam for an order that he be appointed a guardian of the person and property of petitioners 2 a... |
M/S.Malwa Strips Pvt.Ltd Vs. M/S.Jyoti Ltd | of the Registry to see that on application under Order 41 Rule 5 CPC seeking stay of money decree the appellant has to incorporate a note in regard to his readiness and willingness to comply with the directions under Sub-Rule (3) of Rule 1 of Order 41 CPC. If the appeal is preferred against the decree for payment of mo... | 1[ds]In terms of sub-rule (5) of Rule 5 of Order XLI, the court shall not make an order staying the execution of the decree notwithstanding anything contained in the foregoing sub-rules, where the appellant fails to make the deposit or furnish the security specified in sub-rule (3) of rule 1.We will proceed on the assu... | 1 | 2,395 | 410 | ### Instruction:
Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation.
### Input:
of the Registry to see that on application under Order 41 Rule 5 CPC seeking stay of money decree the appell... |
Municipal Council Raipur & Anr Vs. State Of Madhya Pradesh | necessary for the purposes of his business not being a business of providing transport, or who uses the vehicle for any of the purposes specified in sub-section (2) of section 42." A "transport vehicle" is defined in the Motor Vehicles Act, 1939, to mean "a public service vehicle or a goods vehicle", and a "goods vehic... | 0[ds]Coming to the first point, we agree with the High Court that the order of the Magistrate was an order of discharge and not of acquittal. It is true that it is a summons case and no formal charge is necessary to be framed under S. 242, Cr. P. C., but even so here when the accused appeared, before anything was done ... | 0 | 1,916 | 551 | ### 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:
necessary for the purposes of his business not being a business of providing transport, or who us... |
Heavy Engineering Mazdoor Union Vs. The State Of Bihar & Ors | property or hold it in trust for him.(cf. Halsburys Laws of England, 3rd Ed. Vol. 9, p. 9). Such a company even possesses the nationality of the country under the laws of which it is incorporated, irrespective of the nationality of its members and does not cease to have that nationality even if in times of war it falls... | 0[ds]we proceed first to examine the meaning of the words used by Parliament in the definition clause of appropriate Government. It is an undisputed fact that the company was incorporated under the Companies Act and it is the company so incorporated which carried on the undertaking. The undertaking, therefore, is not o... | 0 | 2,543 | 1,824 | ### Instruction:
Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding.
### Input:
property or hold it in trust for him.(cf. Halsburys Laws of England, 3rd Ed. Vol. 9, p. 9). Such a company even possesses ... |
Bombay Dyeing & Mfg Co Ltd Vs. Bombay Environmental Action Group & Others | only representative and approved trade union under the Bombay Industrial Relations Act for Greater Bombay. According to them, closure of the cotton mills affected 2,00,000 workers and because of the strike the mills defaulted in making payment of wages, provident funds dues, gratuity, etc. to the workers causing great ... | 1[ds]16. Section 2(27) defines regulations made u/s 159 of the MRTP Act and includes zoning and other regulations made as part of a regional plan, development plan or town planning scheme. The land-use maps and the development control rules/ regulations together comprise the development plan u/s 22. The land-use map in... | 1 | 45,276 | 9,665 | ### 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:
only representative and approved trade union under the Bombay Industrial Relations Act for Greater Bombay. According to t... |
M/S. Kalyanji Vithaldas & Sons Vs. The State Of M.P. & Ors | of issue. For this proposition, there would not be any controversy. The question is : whether on expiry of 31st January of the year, the previous contractor is absolved of his liability for non-execution of the renewal date ? It is seen that originally, the contract was for three years. Therefore, he is entitled for re... | 0[ds]5. It is seen that the appellant had a contract for three years ending on December 31, 1970. He worked out the contract in the year 1968 ending on January 31, 1969. Under Clause (1) of the proviso, unless earlier determined under the terms of the agreement, there will be yearly renewal of agreement by 31st January... | 0 | 2,140 | 631 | ### Instruction:
Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document.
### Input:
of issue. For this proposition, there would not be any controversy. The question is : whether on expiry of ... |
KESHAV AND OTHERS Vs. GIAN CHAND AND ANOTHER | years after their application for mutation was rejected on 13th May 1989. 9. The concurrent findings of the lower courts delve into the context and factual aspects surrounding the primary evidence viz., gift deed, to conclude that the plaintiffs case lacks base for a bona fide claim for decree of declaration. Appreciat... | 1[ds]8. Devia (PW-4), the witness to the gift deed at the time of its execution on 23rd December 1985, Ratan Chand (PW-3), who had signed the deed before the Sub-Registrar, Salooni, at the time of registration on 1st January 1986, as well as Gian Chand (PW-1), have deposed as to the execution of this gift deed. Yet, th... | 1 | 2,967 | 1,186 | ### 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:
years after their application for mutation was rejected on 13th May 1989. 9. The concurrent findings ... |
Urmilla Pandey and Others Vs. Khalil Ahmad and Others | without furnishing any security. The CMP is disposed of." *Despite the above-quoted order of this Court, the owner of the vehicle did not deposit any amount before the Tribunal. The appellant in IA No. 2 of 1990 has stated that the owner has pleaded bankruptcy. The matter was also taken up by the Lok Adalat on 19-11-19... | 1[ds]8. The insurance cover note No.69 shows the names of the owners of car UPC 8527 as M/s Chandra Financiers and Ram Kishan. In the cover the authorised insurer are shown to be the Premier Insurance Company limited and the Canara Motor and General Insurance Company Limited. It is no doubt correct that the cover note ... | 1 | 1,697 | 690 | ### 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:
without furnishing any security. The CMP is disposed of." *Despite the above-quoted order of this Court, the... |
Madras Co-Operative Central Land Mortgage Bank Ltd Vs. Commissioner Of Income-Tax, Madras | of Section 10, other than clauses (iii), (vi), (vi-a), (vi-b), (vii), (viii), (xi), (xii), (xiii) and (xiv) thereof, the same proportion as the gross receipts from interest on securities (inclusive of tax deducted at source) chargeable to tax under this Section bears to the gross receipts from all sources which are inc... | 1[ds]It may be recalled that the Society had claimed before the Departmental authorities and the Tribunal that according to the instructions issued by the Central Government under S. 60 of the Income-tax Act only Rs. 13,578/- out of the income from Government securities were chargeable to tax. The Income-tax Officer an... | 1 | 2,600 | 803 | ### 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 Section 10, other than clauses (iii), (vi), (vi-a), (vi-b), (vii), (viii), (xi), (xii), (xiii) and (xiv) thereof, the s... |
M/S. Sant Ram & Company Vs. The State Of Rajasthan & Ors | the arbitrator by name Sri K.L. Sethia. Pending arbitration, the respondent sought to adjust the amounts due to the appellant in another contract. Thereon the appellant filed an application in the district Court under Order XXXIX Rule 1, Code of Civil Procedure, 1908 read with Section 41(b) of the Arbitration and the S... | 0[ds]The question is no longer reswill, therefore, be clear that to avail the remedy under the provisions of theCode of Civil Procedure, when an application for injunction under Section 41(b) read with Schedule is filed, the Court shall have, pending proceedings for the purpose of an in relation to the arbitration proc... | 0 | 1,238 | 331 | ### 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 arbitrator by name Sri K.L. Sethia. Pending arbitration, the respondent sought to adjust the amount... |
Udai Bhan Gupta Vs. Hari Shankar Bansal and Others | 1. Respondent commenced an action in ejectment on diverse grounds available under the U.P. Rent Act against the appellant. The action ended in a decree in favour of the appellant. Appellant moved a revision application before the High Court of Judicature at Allahabad under Section 25 of the Provincial Small Cause Court... | 1[ds]The High Court was of the opinion that the amendment made to Section 25 in its application to the State of U.P. provided for a revision to the District Judge which in itself provided a sorter period of limitation and that shorter period of limitation would equally govern the limitation even if the revision petitio... | 1 | 941 | 496 | ### 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. Respondent commenced an action in ejectment on diverse grounds available under the U.P. Rent A... |
D.B. Negandhi Vs. Registrar of Companies | 1. Leave granted.2. This appeal is directed against order dated 16.01.2015, passed by the High Court of Karnataka in Criminal Petition No. 5890 of 2010 whereby the petition filed under Section 482 of Criminal Procedure Code (CrPC) was dismissed. 3. Brief facts of the case are that a criminal complaint was filed by the ... | 1[ds]5. The perusal of the record shows that copy of the letter dated 16.06.1997 (Annexureregarding information of acceptance of resignation in the meeting of the Board of Directors of the Company, and the letter addressed to Registrar of Companies on that date along with Form 32 (Annexureare on the record, and no coun... | 1 | 519 | 144 | ### Instruction:
Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document.
### Input:
1. Leave granted.2. This appeal is directed against order dated 16.01.2015, passed by the High Court of... |
Hasan Nurani Malak Vs. S.M. Ismail, Assistant Charity Commissioner, Nagpur & Others | public trusts irrespective of whether his finding is in the affirmative or in the negative. For the entry he has to make is the entry "in accordance with his finding" whatever that finding is.8. As regards the second contention urged before it, the High Court observed that if it was obligatory on the Registrar to cause... | 1[ds]7. As aforesaid the preamble of the M. P. Act shows that the Act was enacted to regulate and to make better provision for the administration of public, religious and charitable trusts in the then State of Madhya Pradesh. With that end in view Section 5 of that Act provides for an inquiry to he held by the Registra... | 1 | 4,231 | 2,317 | ### 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:
public trusts irrespective of whether his finding is in the affirmative or in the negative. For the ent... |
SIVASANKAR V.K Vs. V. K. SIVAN AND OTHERS | MOHAN M. SHANTANAGOUDAR, J.1. These appeals are presented by the unsuccessful Defendant No. 3 against the concurrent findings given by the Court of Subordinate Judge, Kozikode in O.S. No. 203 of 1996 and the High Court of Kerala in A.S. No. 1044 of 1998. It is relevant to note that the other defendants have accepted th... | 1[ds]3. On reading the Will in question, we find that specific bequests have been made (except ‘Schedule A?) by Komappan in favour of his sons, Choikutty and Peravakutty and his daughter Perachikutty, as well as in favour of Komappan (Junior), son of the late Peravan, the pre-deceased son of the testator, and in favour... | 1 | 573 | 352 | ### 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:
MOHAN M. SHANTANAGOUDAR, J.1. These appeals are presented by the unsuccessful Defendant No. 3 against the concurrent findi... |
Basf India Limited & Another Vs. M. Gurusamy & Another | cumulative effect of these aspects the Commissioner held that there was no need for the establishment to have reimbursed the Managers towards the expenses for engaging these drivers had they not been engaged for the benefit of the establishment. The finding thus concluded by the Commissioner that these facts would prov... | 0[ds]4. We wish to make two comments. It is quite conceivable that the facts in the case of employment of other drivers may be different. If other materials are available regarding the terms and conditions of service regarding the direction and control of the drivers and regarding other indicia of employment, the concl... | 0 | 3,573 | 491 | ### 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:
cumulative effect of these aspects the Commissioner held that there was no need for the establishment to h... |
DR.D.J.DE SOUZA Vs. MANAGING DIRECTOR CPC DIAGOSTICS PVT.LTD | Hemant Gupta J. 1. Leave granted. 2. The challenge in the present appeals is to a judgment and order passed by the National Consumer Disputes Redressal Commission NCDRC on 14.12.2017 and also an order in Review Petition passed on 04.10.2018. 3. The appellant placed an order for purchase of TurboChem 100 Unit in respons... | 0[ds]9. We have heard the appellant and find no merit in the present appeals. The pre-installation requisite as reproduced above clearly stipulates that the appellant has to provide: (i) Efficiently air-conditioned room (ii) 1KVA Online UPS for running of the equipment (iii) Broadband connection for ?i-track? (Remote D... | 0 | 950 | 200 | ### 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:
Hemant Gupta J. 1. Leave granted. 2. The challenge in the present appeals is to a judgment and order passed ... |
Mahanadi Coalfields Ltd. Vs. Dhansar Engineering Company Pvt.Ltd.&Anr | of the contract (extended) period.23. In our opinion, clause 5 did not prohibit the principal (appellants) to allot upto extra 30% quantity of work, for want of 45 clear days of subsisting contract period. Whereas, that option could be exercised by the appellants at any time until the contract period was subsisting, wh... | 1[ds]23. In our opinion, clause 5 did not prohibit the principal (appellants) to allot upto extra 30% quantity of work, for want of 45 clear days of subsisting contract period. Whereas, that option could be exercised by the appellants at any time until the contract period was subsisting, which in this case was until 15... | 1 | 8,126 | 696 | ### 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 the contract (extended) period.23. In our opinion, clause 5 did not prohibit the principal (appellan... |
Aditya Prakash Entertainment Private Limited Vs. Magikwand Media Private Limited | of the companys balance sheet beneath share capital and reserves, but unlike share capital, it does represent indebtedness by the company, and holders of loan capital have the remedies of creditors to recover what the company owes them." (Page 164.)12. Consequently, when the date for the redemption of redeemable prefer... | 0[ds]11. Share capital, then, is the amount contributed by the shareholders to the companys resources. The money with which the contribution is made becomes the companys property forthwith, but the company does not become the shareholders debtor for its repayment. The shareholder has a number of contractual and statuto... | 0 | 3,911 | 1,301 | ### Instruction:
Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction.
### Input:
of the companys balance sheet beneath share capital and reserves, but unlike share capital, it does represent indebtedness b... |
Firm Panjumal Daulatram Vs. Sakhi Gopal | KRISHNA IYER, J.1. A suit for eviction of an accommodation from the tenant to whom it had been let for residential and non-residential purposes resulted in dismissal by the trial Judge. But in an appeal, the final court of fact took the view that the landlord (respondent) was entitled to eviction. The tenant challenged... | 0[ds]The residential portion is a part of the building and is an accommodation by definition. The non-residential portion is also a part of the building and is an accommodation by definition. The lease has been given for residential as well as non-residential purposes. The landlord is entitled to eviction of the reside... | 0 | 1,086 | 285 | ### 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:
KRISHNA IYER, J.1. A suit for eviction of an accommodation from the tenant to whom it had been le... |
S.K. Bhargava Vs. The Collector, Chandigarh & Ors | it may, by notification, appoint in this behalf;(b) by a Corporation or a Government company, the Managing Director thereof,shall determine the sum due from the defaulter.(2) The Officer or the Managing Director, as the case may be, referred to in sub-section (1), shall send a certificate to the Collector mentioning th... | 1[ds]6. It is not in dispute that before a certificate was sent by the Managing Director to the Collector for recovering the amount of Rs. 18,22,178.05, no notice was given to the appellant. Section 3(1) provides a procedure where any sum is recoverable from a defaulter. Section 3(1)(b) requires the Managing Director o... | 1 | 1,981 | 661 | ### 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:
it may, by notification, appoint in this behalf;(b) by a Corporation or a Government company, the Manag... |
Naraini Devi Vs. Smt. Ramo Devi And Ors | SARKARIA, J.1. The following pedigree table illustrates the relationship of the parties:Hira Lal=Smt. Naraini Devi (plaintiff).(died in 1925).Kapoor Chand Nemi Chand Chandra Bhan(died in 1954) (Judgment-debtor) (died in 1930)=Smt. Ramo Devi, (extinct)(Respondent 1)Decree-holder.Smt. Ramo Devi, widow of Kapur Ch and (sh... | 0[ds]We have examined an English rendering of this document filed by the appellant, the correctness of which is not disputed by the respondent. This award states in clear, unmistakable terms that she, Naraini Devi would be entitled to the rent of this house in lieu of maintenance for her life-time, and after her death,... | 0 | 923 | 385 | ### 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:
SARKARIA, J.1. The following pedigree table illustrates the relationship of the parties:Hira Lal=Smt. Nara... |
Shenbagam & Ors Vs. KK Rathinavel | Others (2002) 8 SCC 146, a three- judge Bench of this Court observed that in case of a phenomenal increase in the price of the land, the Court may impose a reasonable condition in the decree such as payment of an additional amount by the purchaser. In decreeing the suit for specific performance, the Court observed: 6. ... | 1[ds]In JP Builders v. A Ramadas Rao (2011) 1 SCC 429, a two-judge Bench of this Court observed that Section 16(c) mandates readiness and willingness of the plaintiff and is a condition precedent to obtain the relief of specific performance. The Court held:25. Section 16(c) of the Specific Relief Act, 1963 mandates re... | 1 | 7,475 | 3,680 | ### 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:
Others (2002) 8 SCC 146, a three- judge Bench of this Court observed that in case of a phenomenal increase... |
Durga Prashad Vs. Chief Controller Of Imports & Exports & Ors | desired the appellant may see him in the matter. Apparently the Chief Controller invited him and on June 22, 1964, he was informed that no further licence would be issued to him. On August 24, 1964, the appellant filed the petition above-mentioned in the High Court. No explanation has been given in the petition for the... | 0[ds]3. It is well settled that the relief under Article 226 is discretionary, and one ground for refusing relief under Article 226 is that the petitioner has filed the petition after delay for which there is no satisfactory explanation6. The appellant in this case had claimed a mandamus or a direction to the responden... | 0 | 1,575 | 255 | ### 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:
desired the appellant may see him in the matter. Apparently the Chief Controller invited him and on June 22, 1964, he was i... |
The Commissioner Of Income-Tax, Bombay Vs. Dharamdas Hargovindas | now) it does not seem reasonable to hold that the words "having accrued or arisen" used in that clause have no reference to its receipt also outside the taxable territories. It seems to us therefore that what cl. (b) (iii) provides is that if any income etc. hand arisen or accrued outside the taxable territories and ha... | 1[ds]These words however are not terms of art and in our opinion their meaning must receive colour from the context in which they are used. In the context of cl. (a) those words could only refer to the first receipt; but it does not follow from this that in the context of cl. (b) (iii) also they refer only to the first... | 1 | 4,136 | 1,493 | ### 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:
now) it does not seem reasonable to hold that the words "having accrued or arisen" used in that clause have no reference to... |
Kolathoor Variath & Another Vs. Paiaprakottoth Cheriya Kumhahammad Haji | sue on the strength of mortgage as there is no mortgage deed in respect of the properties the plaintiffs are entitled to sue on the strength of the title of their Tavazhi and hencethe Court may be pleased to decree the suit ordering the defendant to surrender the properties to the 1st plaintiff, with the past and futur... | 1[ds]The lower appellate Court, after discussing the oral and documentary evidence held that the respondent "had failed to prove that he was in possession of the property as lessee." It is a finding of fact. It cannot be said to be perverse or affected with any such infirmity as should invite the High Courts interventi... | 1 | 1,719 | 660 | ### 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:
sue on the strength of mortgage as there is no mortgage deed in respect of the properties the plaintiffs are entitled to ... |
Orissa Cement Limited, Rajganpur Vs. Their Workmen & Another | the validity or the propriety of the impugned order of discharge in the present proceedings. The tribunal has held that on earlier occasion the Appellate Tribunal had found that there was no contravention of S. 22 and that was really decisive of the proceedings. The alternative finding made in the said proceedings on t... | 1[ds]It is perfectly true that there is no law or statutory rule which compelled the appellant to terminate the services of the respondent on the ground that he had not obtained a permit; but on the other hand, it seems to us that the department is fully justified in insisting upon all wiremen being duly qualified befo... | 1 | 1,759 | 781 | ### Instruction:
Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding.
### Input:
the validity or the propriety of the impugned order of discharge in the present proceedings. The tribunal has held that on... |
Mazharul Islam Hashmi Vs. State of Uttar Pradesh and Another | to secure a reasonable uniformity in the standard to be applied by the Divisional Committee in making the selection. The Government reiterated its declared policy that all such officers and servants, whose services were proposed to be determined on the ground of unsuitability, be given an opportunity of personal interv... | 1[ds]24. The ratio of Mohd. Rashid Ahmed (Mohd. Rashid Ahmad v. State of U. P., (1979) 1 SCC 596 : 1979 SCC (L & S) 82) case therefore, squarely covers the case of the appellant.25. It was observed in that case that it is fundamental rule of law that no decision must be taken which will affect the rights of any perso... | 1 | 2,816 | 361 | ### 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 secure a reasonable uniformity in the standard to be applied by the Divisional Committee in making the se... |
Bhagwan Dass Arora Vs. First Additional Distt. Judge, Rampur | and accordingly it was held that the security bond executed by a surety to comply with an order made by the Court under the proviso would be governed by Art. 6 Schedule 2 of the Court-fee Act and not by the provisions of the Indian Stamp Act. The learned judge then referred to Kasemali v. Ajovendra Paul and ors (3) whi... | 1[ds]Look at the agony and misery of the appellant. Two premier High Courts, Madras and Calcutta, differ on the requirement of a valid security bond to comply with the proviso to sec. 17 (1). And the degree of difference is not narrow but irreconcilable. If the view taken by the Madras High Court had prevailed with the... | 1 | 2,202 | 695 | ### 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:
and accordingly it was held that the security bond executed by a surety to comply with an order made by... |
Indofil Industries Ltd. & Others Vs. State of Punjab | in any prosecution in respect of the samples. 13. Sub-sections (3) and (4) of Section 24 are of some significance. The same read thus: "24. (3) Any document purporting to be a report signed by an Insecticide Analyst shall be evidence of the facts stated therein, and such evidence shall be conclusive unless the person f... | 0[ds]7. Having cogitated over the rival submissions, we find force in the argument of the respondent State.11. On a bare perusal of Section 21 of the Act, it is amply clear that the Insecticide Inspector is empowered to take samples of any insecticide and send such samples for analysis to the Insecticide Analyst for te... | 0 | 6,479 | 985 | ### 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:
in any prosecution in respect of the samples. 13. Sub-sections (3) and (4) of Section 24 are of some signific... |
Sone Valley Portland Cement Co Vs. The Workmen | this Court (see at p. 1019):" ......... it is an incentive to higher production and is in the nature of an incentive wage."Referring to Labour Law by Smith. Second Edition, p. 723, where various plans prevalent in other countries known as Incentive Wage Plans have been worked out on various bases, the Court said:"The s... | 1[ds]15. In our view being impressed by the above reasoning the Tribunal concluded that the basis of payment for each of the two years should be on a fifty fifty basis.16. Before us elaborate arguments were put up on either side, counsel on behalf of the employers contending that so far as at least the four out of the ... | 1 | 5,940 | 2,246 | ### 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:
this Court (see at p. 1019):" ......... it is an incentive to higher production and is in the nature of an... |
Mohammad Yusuf and Ors Vs. State of Haryana and Ors | there are several exemplars with reference to similar land, usually the highest of the exemplars which is a bonafide transaction, will be considered. In the present case, the Reference Court, in Para 20 held as under:- …..Here in this case, applying the said authority to the facts and circumstances of this case, I am o... | 0[ds]In the instant case, the appellants contented and invited our attention to the fact that the valuation of the acquired land should be assessed on urban land criteria since land had all basic amenities like water, sewer, electricity and telephone lines were already present on the date of Notification under Section ... | 0 | 3,073 | 847 | ### Instruction:
Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences.
### Input:
there are several exemplars with reference to similar land, usually the highest of the exemplars which is a bonafide trans... |
Collector of Customs, Bangalore Vs. M/s. Western India Plywood Mfg. Co. Ltd. and another | an auxiliary duty at 40 per cent in cases where the effective rate of basic duty (i.e. the rates set out in the First Schedule read with any relevant notification) is 60 per cent or above and an auxiliary duty at 30 per cent in cases where such effective basic rates is nil or less than 60 per cent. If the notification ... | 1[ds]6. We are of opinion that the Tribunal has erred in itsof the notificationset out above and that the assessees case is clearly covered by the explanation in the notification. It is true that the main partof the notificationprovides for an auxiliary duty atper cent incases where the effective rate of basic duty (i.... | 1 | 1,773 | 476 | ### Instruction:
Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case.
### Input:
an auxiliary duty at 40 per cent in cases where the effective rate of basic duty (i.e. the rates set out in ... |
Satyanarain Prasad Vs. State of Bihar | SHAH, J.1. Proceedings were started against the appellant a Range Assistant Engineer, for some delinquency in the performance of his duty. A departmental enquiry was held and the enquiry officer submitted his report provisionally holding that the appellant was guilty of the delinquency charged against him. By a notice,... | 0[ds]The High Court granted a certificate under Article 133(1) on the assumption that the value of thein dispute was more than Rs. 20,In our judgment the High Court was incompetent to grant the certificate.The High court has not issued a certificate under Article 133(1)(c). No substantial question of law is stated in t... | 0 | 619 | 295 | ### 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:
SHAH, J.1. Proceedings were started against the appellant a Range Assistant Engineer, for some delinquency i... |
M/S NANDAN BIOMATRIX LTD Vs. S. AMBIKA DEVI & ORS. | 1800 trees on a 9-acre field, and that too for resale, could not be said to be on a self-employment level and without a commercial purpose. Thus, the complainant was held to not be a consumer within the 1986 Act. We find that this decision is clearly distinguishable since it is evident from the facts therein that the t... | 0[ds]9. In the matter on hand, though the Appellant has sought to project that the Respondent were cultivating musli on a large scale and with a profit motive, we find ourselves unable to conclude that the cultivation being undertaken was for a purpose other than for eking out a livelihood through self- employment9.1 I... | 0 | 5,481 | 2,039 | ### 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:
1800 trees on a 9-acre field, and that too for resale, could not be said to be on a self-employme... |
N. T. Veluswami Thevar, Vs. G. Raja Nainar And Others | be raised under that section. The fact that a particular ground which could have been raised was not, in fact, raised before the returning officer does not put an end to his jurisdiction to decide it, and what he could have decided if it had been raised, could be decided by the Tribunal, when raised.15. Mr. Ganapathy I... | 1[ds]This in our view, is quite correct. The enquiry which a returning officer has to make under S. 36 is summary in character. He may make "such summary enquiry, if any, as he thinks necessary"; he can act suo motu. Such being the nature of the enquiry, the right which is given to a party under S. 100 (1)(c) and S. 10... | 1 | 5,789 | 2,118 | ### 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:
be raised under that section. The fact that a particular ground which could have been raised was not, in fact, raised bef... |
UNION OF INDIA AND ANR Vs. PFIZER LIMITED AND ORS | it so desires, to amend it. What is further, if the remaking of the statute by the courts is to lead to its distortion that course is to be scrupulously avoided. One of the situations further where the doctrine can never be called into play is where the statute requires extensive additions and deletions. Not only it is... | 1[ds]15. Having heard learned counsel for the parties, it is clear that Section 26A has been introduced by an amendment in 1982. A bare reading of this provision would show, firstly, that it is without prejudice to any other provision contained in this Chapter (meaning thereby Chapter IV). This expression only means th... | 1 | 11,314 | 2,783 | ### 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:
it so desires, to amend it. What is further, if the remaking of the statute by the courts is to lead to its distortion that... |
Surendra Nath Bibra Vs. Stephen Court Ltd | matter is now before us.6. Mr. N. C. Chatterjee, the learned counsel for the defendant, contends that the decision in Ram Lal Dutts case, 70 Ind App 18 : (AIR 1943 PC 24), which the High Court and the Full Bench of the Small Causes Court had followed was distinguishable because in that case the tenancy was an agricultu... | 1[ds]It is no doubt true that the Privy Council was concerned with an agricultural tenancy but the Privy Council decided the appeal on a matter of principle, the principle being that the doctrine enunciated in Nealev. Mackenzie, (1836) 150 ER635, should not be regarded as a rule of justice, equity and good conscience i... | 1 | 1,681 | 868 | ### 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:
matter is now before us.6. Mr. N. C. Chatterjee, the learned counsel for the defendant, contends that the decision in Ram... |
Parbati Devi and Others Vs. Mahadeo Prasad Tibrewalla | judgment-debtors to the Solicitor of the decree holder. The terms of settlement are quoted in full in the appellate judgment of the High Court. The salient terms o f the settlement may be stated as follows:-"(1) That the total dues on the date came to Rs. 1, 10, 000/-.(2) That Shri Anandilal Poddar, the receiver was to... | 0[ds]We have no difficulty in rejecting the argument of limitation. All through steps had been taken by the decree-holder. The case was not lying dormant at any point of time for a period of more than 12 years. When in the year 1929 there was an order for sale of the mortgaged properties it appears some payments were m... | 0 | 1,596 | 598 | ### 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:
judgment-debtors to the Solicitor of the decree holder. The terms of settlement are quoted in full in the appella... |
M/s. Mahabir Cold Storage Vs. Commissioner of Income Tax | during which time the entire amount invested is computed in the manner prescribed under the act to nil. The object thereby is that the development rebate in the manner specified under the repealed Act or the Act, was to be allowed in full. If any residue remains after the expiry of eight years, that amount was not to b... | 0[ds]Under both the repealed Act as well as the Act, two conditions precedent are required to be fulfilled for entitlement to development to rebate, namely, a new ship acquired or new machinery or plant installed must be (1) owned by the assessee, and (2) wholly used for the purpose of the business carried on by him. I... | 0 | 3,016 | 1,358 | ### 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:
during which time the entire amount invested is computed in the manner prescribed under the act to nil. The object... |
Western U.P. Electric And Power Vs. Hind Lamps Ltd | could be granted only if the suit in the Mainpuri Court could have been filed in the Court of the Subordinate Judge, Delhi, and for reasons of convenience it was just to transfer the suit.4. Mr. Chagla urged that the cause of action for the suit tiled by the appellant arose within the jurisdiction of the Civil Judge, M... | 0[ds]6. It may be conceded that some other parts of the evidence of the witnesses are inconsistent with the statement made by him. The learned Civil Judge accepted the testimony and made a report to the High Court that Hind Lamps Ltd. had a place of business in Delhi. At the hearing Counsel for the Appellant conceded t... | 0 | 1,811 | 947 | ### 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:
could be granted only if the suit in the Mainpuri Court could have been filed in the Court of the Subordinate Judg... |
K.C. Gajapati Narayan Deo & Others Vs. State of Orissa | Acts passed by the legislaures of other States, provides for payment of compensation on the basis of the net income of the whole estate. One result of the adoption of this principle, undoubtedly is, that no compensation is allowed in respect of potential values of properties; and those parts of an estate which do not f... | 0[ds]9. It may be made clear at the outset that the doctrine of colourable legislation does net involve any question of bond fides or mala fides on the part of the legislature. The whole doctrine resolves itself into the question of competency of a particular legislature to enact a particular law. If the legislature is... | 0 | 10,302 | 1,023 | ### 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:
Acts passed by the legislaures of other States, provides for payment of compensation on the basis of the net incom... |
Income-Tax Appellate Tribunal, Bombay & Others Vs. S.C. Cambatta & Company, Limited | be final."Therefore it is clear that except in cases which may go up to the High Court on, a reference, the decision of the Appellate Tribunal under S. 33 is final. But where a reference does go up to the High Court, no finality attaches to the decision of the Appellate Tribunal because by reason of the decision of the... | 0[ds]2. Mr. Joshi who appears for thes is perfectly right when he contends that the power of reference is a limited power conferred upon the High Court under S. 66 and that we should not extend the ambit of that power. He is equally right when he contends that a reference only lies under S. 66 provided that a question ... | 0 | 1,755 | 777 | ### 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:
be final."Therefore it is clear that except in cases which may go up to the High Court on, a reference,... |
M/S. K.R.C.D. (I) Pvt. Ltd Vs. Commnr. Of Central Excise, Mumbai | goods the value of their own property in the goodwill of the “brand name”. The petitioners are therefore right and the respondents wrong.” 11. Both the aforesaid judgments, though decided before the Central Excise Valuation (Determination of Price of Excisable Goods) Rules of 2000, go to show that the value of goodwill... | 1[ds]8. Clause (iv) of the explanation also makes it clear that the value of art work or design work on goods which is undertaken elsewhere than in the factory of the production and necessary for the production on such goods alone must be taken into account. On the assumption that the music/picture component is the art... | 1 | 3,595 | 398 | ### 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:
goods the value of their own property in the goodwill of the “brand name”. The petitioners are therefore rig... |
Bharat Forge Co. Ltd Vs. Uttam Manohar Nakate | of this Court in U.P. State Road Transport Corporation vs. Mohan Lal Gupta and others (2000) 9 SCC 521 ), opined: "The learned advocate appearing in support of the appeal mainly contended on two counts. On the first, it has been very strenuously contended as to whether the Labour Court can alter the punishment awarded ... | 1[ds]10. The jurisdiction of a Labour Court was, therefore, confined to make an enquiry and pass an order thereupon as to whether the Appellant herein had committed an act of unfair labour practice within the meaning of Section 26 read with the relevant provisions of Item 1 of Schedule IV of the Act.11. Before we proce... | 1 | 4,774 | 790 | ### 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:
of this Court in U.P. State Road Transport Corporation vs. Mohan Lal Gupta and others (2000) 9 SCC 521 ), opined: "The lea... |
Profulla Chorone Requitte & Ors Vs. Satya Chorone Requitte | family idol to whom the property was absolutely dedicated. The testator did not create a trust estate in the sense in which it is understood in English law. 44. The above-quoted provisions from the wills further show that no rights to act as ministrant of the idol were conferred upon the trustees. On the other hand, a ... | 1[ds]34. It may be observed that this will, in English, appears to have been drafted in pursuance of legal advice by an expert draftsman. The omission of the words "management", "manager", "custodian of the idol" or "ministrant of the idol" from the will, therefore, cannot but be intentional35. It seems clear to us tha... | 1 | 6,670 | 802 | ### 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:
family idol to whom the property was absolutely dedicated. The testator did not create a trust estate... |
M/S.Shree Chamundi Mopeds Ltd Vs. Church Of South India Trust Asson | decree against a lessee. In that sense, it can be said that the leasehold interest of a company is its property. But the question is whether the same is true in respect of the interest of a company which is in occupation of the premises as statutory tenant by virtue of the protection conferred by the relevant rent law ... | 0[ds]We are, therefore, of the opinion that the passing of the interim order dated February 21, 1991 by the Delhi High Court staying the operation of the order of the Appellate Authority dated January 7, 1991 does not have the effect of reviving the appeal which had been dismissed by the Appellate Authority by its orde... | 0 | 5,225 | 1,298 | ### 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:
decree against a lessee. In that sense, it can be said that the leasehold interest of a company is its property. But the q... |
U.P. State Electricity Board, Lucknow Vs. The Official Liquidator Lower Gangesjamuna Electricity Dist | dispute about the actual amount in the Development Reserve it was finally agreed that the above sum was the correct figure.2. The Official Liquidator contended that the Development Reserve had been used in adding to the assets of the Electricity Undertaking and, therefore. that amount could not be paid. On the purchase... | 0[ds]3. It appears to us that the decision of the Courts below was right. Under sub-cl. (3) of clause VA of the Sixth Schedule tothe Electricity (Supply) Act, 1948 the Development Reserve shall be available only for investment in the business of electricity supply of the undertaking. There is no prohibition against the... | 0 | 1,501 | 819 | ### 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:
dispute about the actual amount in the Development Reserve it was finally agreed that the above sum was the correc... |
Tata Tea Ltd Vs. The Commissioner Of Customs, Chennai | of Tribunal, the appellant has filed these appeals under Section 130 E of the Customs Act, 1962. The only question arising for decision is whether the appellant is entitled to benefit of Notification No. 13/81 read with Export Import Policy, 1992-97 (hereinafter `Policy, for short). 2. Export and Import Policy 1992-97 ... | 0[ds]7. Having heard the learned counsel for the parties, we are of the opinion that the order of the Tribunal cannot be found fault with. Under Section 20 of the Customs Act, 1962 read with the definition of `import as given in clause 23 of Section 2, imported goods would includegoods as well and therefore the goods s... | 0 | 1,301 | 358 | ### 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:
of Tribunal, the appellant has filed these appeals under Section 130 E of the Customs Act, 1962. ... |
Radhakisan Laxminarayan Toshniwal Vs. Shridhar Ramchandra Alshi and Ors | All 482 (FB), are very apposite :"If a valid and perfected sale were not a condition precedent to the exercise of the pre-emptive right, consequences would follow which the law of pre-emption does not contemplate or provide for. In this very case, supposing the so-called vendor, notwithstanding the application of the 1... | 1[ds]6. By S. 205 of the Berar Land Revenue Code of 1896 the right of pre-emption arose when a co-occupant in any Survey number transferred by sale, foreclosure of mortgage or relinquishment in favour of a specified person for valuable consideration and it vested in very other co-occupant of the survey number. It will ... | 1 | 3,852 | 880 | ### 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:
All 482 (FB), are very apposite :"If a valid and perfected sale were not a condition precedent to the e... |
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