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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Nilesh Dinkar Paradkar Vs. State Of Maharashtra | and 2 on the one hand and Bharat Nepali and the appellant on the other hand.35. In our opinion, the voice test identification by PW-19, Jagdish Kulkarni is even otherwise unreliable. The voice identification was conducted without taking any precautions similar to the precautions which are normally taken in visual ident... | 1[ds]25. We are of the considered opinion that there is much merit in the submissions made by Mr. Naphade. While acquitting accused Nos. 1 to 4, the High Court recorded that the defence had succeeded in creating a grave doubt about the veracity of search and seizure alleged to have taken place on 8th November, 2004. Th... | 1 | 7,843 | 1,133 | ### Instruction:
Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding.
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and 2 on the one hand and Bharat Nepali and the appellant on the other hand.35. In our opinion, the voice test identificat... |
Andhra Pradesh Pollution Control Board Vs. CCL Products (India) Limited | bank and the beneficiary to whom the guarantee is issued. Such a contract is independent of the underlying contract between the beneficiary and the third party at whose behest the bank guarantee is issued. 18. The principle which we have adopted accords with a consistent line of precedent of this Court. In Ansal Engine... | 1[ds]The Tribunal held that the purpose of the bank guarantee was not commercial or industrial but was to secure compliance by the appellant with environmental norms that had been prescribed. Hence, in the view of the Tribunal, the appellant should have furnished a hearing to the respondent before the bank guarantees w... | 1 | 3,394 | 612 | ### Instruction:
Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case.
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bank and the beneficiary to whom the guarantee is issued. Such a contract is independent of the underlying c... |
Sandeep Kumar Vs. Master Ritesh | of the Defendants. However, some of the Defendants were not parties to the said agreement. In view of the existence of the said arbitration agreement, an order was passed by the learned trial Judge in terms of the Arbitration Act 1940. The matter came up to this Court on an earlier occasion. Plaintiffs-Appellants herei... | 1[ds]8. It may be true that Plaintiffs-Appellants had been representing a group, but admittedly all the parties to the suit were not parties to the arbitration agreement. If some of the Defendants were not parties to the arbitration agreement, the question of invoking the arbitration clause as against those Defendants ... | 1 | 1,216 | 245 | ### Instruction:
Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction.
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of the Defendants. However, some of the Defendants were not parties to the said agreement. In view of t... |
Public Passenger Service Ltd Vs. M.A. Khader & Another | that the forfeiture was invalid. 5. Section 155 (1) (a) (ii) of the Indian Companies Act allows rectification of the share register if the name of any person after having been entered in the register is, without sufficient cause, omitted therefrom. There is no sufficient cause for the omission of the name of the shareh... | 0[ds]3. In all standard articles of a company, the regulations relating to calls provide for payment of interest on the unpaid call money at a certain rate from the date appointed for its payment up to the time of actual payment, see regulation 14 of Table A in the first Schedule to the Indian Companies Act, 1913, regu... | 0 | 2,275 | 1,100 | ### Instruction:
Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document.
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that the forfeiture was invalid. 5. Section 155 (1) (a) (ii) of the Indian Companies Act allows rectifi... |
Bharat Coking Coal Ltd Vs. L.K. Ahuja | and ward staff to the extent of 18 members, he held that three watch and ward staff would have been enough and the period for which the same had been maintained comes down to 18 months and with reference to the pleadings raised in this Court on earlier occasion took note of the fact that possession had not been given s... | 1[ds]On this aspect while dealing with the claim for extra works under claim No.6, the arbitrator adverted to the decision of this Court in State of Bihar & Ors. vs. Hanuman Mal Jain, 1997 (11) SCC 40 , wherein this Court interpreted a similar clause as laying down the procedure as to how a claim could be lodged and no... | 1 | 4,225 | 2,045 | ### Instruction:
Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document.
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and ward staff to the extent of 18 members, he held that three watch and ward staff would have be... |
State Of Punjab Vs. M/S. Geeta Iron & Brass Works Ltd | KRISHNA IYER, J.1. This special leave to appeal is sought against a discretionary order passed by the Subordinate Judge declining to stay a suit under s. 34 of the Arbitration Act. This order was challenged in appeal and the High Court, after an exhaustive consideration, felt that the exercise of discretion was not so ... | 0[ds]We are not investigating the merits of the matter under Art. 136 but are satisfied that there is no gross error justifying grant of leave. We make it clear however that as a matter of law mere silence on the part of the defendant when a notice under s. 80 C.P.C. is sent to him may not, without more, disentitle him... | 0 | 555 | 337 | ### Instruction:
Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding.
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KRISHNA IYER, J.1. This special leave to appeal is sought against a discretionary order passed by the Subordinate ... |
Nickunj Eximp Enterprises Private Limited Vs. Assistant Commissioner of Income-Tax, Range | Mr. Mistry, learned Senior Counsel appearing for the petitioners pointed out that the reasons disclosed in support of both the impugned notices are identical and similar to the reasons which have been disclosed in support of another notice dated 7 December 2012 issued to the petitioner seeking to reopen the assessment ... | 0[ds]We are considering the facts in these two petitions independently of the decision rendered by us in W.P. 2860/2012 on 18 June 2014 challenging the reassessment notice for A.Y.6 However, it must be pointed out that in W.P. No.2860/2012 the assessment sought to be reopened was for a period of more than 4 years from ... | 0 | 1,757 | 535 | ### Instruction:
Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences.
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Mr. Mistry, learned Senior Counsel appearing for the petitioners pointed out that the reasons disclosed in support of both... |
Gopal And Sons (Huf) Vs. Cit Kolkata-Xi | the Karta is a member of HUF which has taken the loan from the Company and, therefore, the case is squarely within the provisions of Section 2(22)(e) of the Income Tax Act.10. The arguments before us remain the same. Mr. S.B. Upadhyay, learned senior counsel appearing for the assessee, argued that the ITAT had correctl... | 0[ds]12. Section 2(22)(e) of the Act creates a fiction, thereby bringing any amount paid otherwise than as a dividend into the net of dividend under certain circumstances. It gives an artificial definition of dividend. It does not take into account that dividend which is actually declared or received. The dividend take... | 0 | 2,774 | 516 | ### Instruction:
Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction.
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the Karta is a member of HUF which has taken the loan from the Company and, therefore, the case is squarely within the provi... |
Gopi Krishna Kanoria Vs. Draupadi Sahaya and Ors | the respondents had acquired the Mokurrari tenure. In the registered instrument there was a clause that in the event of a default in payment of four successive kists the proprietor would be competent to cancel the Mokurrari patta. The respondents did not pay four successive kists which had become due in June 1952, Sept... | 0[ds]On a true construction of S, 10 and by necessary implication this freedom from the applicability of or consistency with the provisions of the Act is absolute and unqualified and the effect of the proviso is that any condition imposed by any of the provisions of the Act is excluded whenever there is a case where th... | 0 | 1,217 | 415 | ### Instruction:
Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document.
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the respondents had acquired the Mokurrari tenure. In the registered instrument there was a clause that... |
Babu Singh and Others Vs. Union of India and Others | the appellants of their statutory right to put forth the objection against the proposed acquisition, yet the Government did not take possession of the land involved in the dispute for a period of six years and, therefore, the power to take possession after complying with Section 9 got exhausted and on this account the ... | 0[ds]In these circumstances we see no illegality in the issuance of the notification under Section 4 and under Section 6 on the same day and accordingly the first contention of Mr. Verma must behave not been able to appreciate this submission. If the impugned notifications are valid and the declaration made under Secti... | 0 | 3,252 | 1,036 | ### Instruction:
Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document.
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the appellants of their statutory right to put forth the objection against the proposed acquisition, ye... |
State of Orissa and Another Vs. Shri Manilal Singhania and Another | whether the detention is in accordance with law. But a doubt does begin to gnaw at the mind of the court and, therefore, we are glad that the State Government and the District Magistrate have stated before us that they would not radiation the first respondent on the same material.3. The second ground raises the questio... | 0[ds]What is important to note is that there was no delay at any stage in this movement of the representation from one officer to another. Every officer dealt with the representation promptly and after examining it and making his notings, submitted it to the higher officer. The representation undoubtedly went to the Ch... | 0 | 2,258 | 218 | ### Instruction:
Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text.
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whether the detention is in accordance with law. But a doubt does begin to gnaw at the mind of the court and, therefore, ... |
Alembic Chemical Works Co., Ltd Vs. The Workmen | welfare legislation.11. The history of the amendments made in the relevant provisions of the Act also indicates that the Act has been gradually making more liberal provisions in the interest of workmen to whom it applies. In the original Act as it was passed (25 of 1934) S. 34 provided for weekly holiday but no provisi... | 0[ds]7. Even on the basis that S. 79(1) is capable of the construction sought to be placed on it by the appellant, the question would still remain whether the said construction should be preferred to the alternative construction which, as we have just indicated is reasonably possible. The answer to this question must b... | 0 | 3,729 | 1,234 | ### Instruction:
Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages.
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welfare legislation.11. The history of the amendments made in the relevant provisions of the Act also indi... |
Hindustan Lever Limited Vs. Hindustan Lever Mazdoor Sabha & Another | is with regard to the non-implementation of settlement dated 21-1-1971 and failure to negotiate on the charter of demands dated 31-12-1973. Undisputedly the present complaint is filed on 4-4-1984. It is urged that even though the cause of action to file the present complaint had arisen on 21-1-1971 and 31-12-1973, but ... | 1[ds]We see considerable force in the argument of Mr. Singhvi as far as this aspect of the matter is concerned. Ambit and the scope of those three letters were in detail examined by the Supreme Court in the aforesaid judgment. By those letters the petitioner had unmistakably conceded the status of workmen and we have n... | 1 | 7,559 | 742 | ### Instruction:
Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding.
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is with regard to the non-implementation of settlement dated 21-1-1971 and failure to negotiate on the charter of demands ... |
The State Of Bombay Vs. Fakir Umar Dhanse | holding under or through an occupant who shall without the occupants consent use any such land for any such purpose and thereby render the said occupant liable to the penalties aforesaid, shall be responsible to the said occupant in damages." It has been found that the respondent erected several structures without obta... | 1[ds]4. There is no dispute in this appeal as to the order of evictionIt has been found that the respondent erected several structures without obtaining the prior permission of the Collector and he was liable to be evicted, and therefore the order passed by the Collector directing the eviction of the respondent was leg... | 1 | 2,430 | 742 | ### Instruction:
Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages.
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holding under or through an occupant who shall without the occupants consent use any such land for any suc... |
Kil Kotagiri Tea and Coffee Estates Company, Limited and Others Vs. State of Kerala | that condition 11 has referred to the chests as having been purchased by the buyer; and that would be clearly against Mr. Menons case. So, it would be reasonable not to base our decision principally on the words used by the conditions, such as "purchased" or "accepted", but to take into account the substance of these c... | 1[ds]3. It appears that in the two decisions of this Court to which we have just referred, this point has not been considered.would be noticed that the whole of the argument thus presented by Mr. Menon proceeds on the assumption that the contract of sale by sample in the present proceedings was a contract of goods whic... | 1 | 5,378 | 1,038 | ### Instruction:
Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction.
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that condition 11 has referred to the chests as having been purchased by the buyer; and that would be clearly against Mr. Me... |
Sikka Star Satellites Vs. Star(I) Pvt.Ltd | This appeal is filed against the order dated 23.5.2008 passed by the Telecom Disputes and Settlement Appellate Tribunal [for short ?the Tribunal], rejecting Petition No. 325 (C) of 2006 filed by the appellant seeking a direction to the respondent to provide decoders to the appellant and resume signals. 2. The appellant... | 0[ds]6. Dharmendra Sikka appeared in person as attorney holder of the appellant. He submitted that the appellant had nothing to do with LENS and that LENS was controlled by Siti Cable and appellant could not be punished for any alleged breach or violation by LENS. He however was not able to deny that he was the founder... | 0 | 891 | 164 | ### Instruction:
Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding.
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This appeal is filed against the order dated 23.5.2008 passed by the Telecom Disputes and Settlement Appellat... |
Hubli-Dharwad Urban Development Authority Vs. Shekhargowda Chennabasannagowda Phakirgowdar (Since Deceased) By Lr. & Another | also submitted that the landowners are in possession of the land even now. According to him, the High Court rightly refused to consider the xerox copy of the Mahazar produced by the Appellant to show that possession was taken. He further submitted that the scheme was not implemented in respect of the land in dispute. P... | 1[ds]9. The High Court quashed the Notification dated 05.02.2002 and declaration dated 27.11.2003 for the reasons that the objections filed by the landowners were not considered before issuance of the final declaration, that the possession of the land was not taken by the authorities and that the scheme was not impleme... | 1 | 2,383 | 879 | ### Instruction:
Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction.
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also submitted that the landowners are in possession of the land even now. According to him, the High Court rightly refused ... |
Balkishan Thapar Vs. Municipal Corporation of Delhi | of the Act and sentenced to rigorous imprisonment of six months and a fine of Rs. 1,000. This order was passed by the High Court in a revision filed by the Municipal Corporation of Delhi against the order of the Trial Court which convicted the appellant under Section 7/15 of the Prevention of Food Adulteration Act read... | 1[ds]After having examined the label; its description and the contents of the tin and packets, sold to the food inspectors, we are unable to find any evidence of any intention on the part of the appellant to sell a preparation which resembles saccharin in any respect. The words, as sweet as saccharin were merely meant ... | 1 | 1,171 | 336 | ### Instruction:
Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document.
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of the Act and sentenced to rigorous imprisonment of six months and a fine of Rs. 1,000. This order was... |
Babu Maruti Dukare Vs. State of Maharashtra | be allowed to retain and enjoy the fruits of crime. Even if one or the other beneficiaries was acquitted for want of necessary intention or knowledge about the commission of forgery, still such a beneficiary could not be allowed to retain the property which was only as a result of the massive fraud, forgery, manipulati... | 0[ds]It is true that the first proviso to Section 45 (2)provides that the suo motu revisional powers shall not be invoked unless appeal against a declaration under Section 21 has not been filed within a period provided for it and that a period of 3 years from the date of such declaration has not lapsed. It means that i... | 0 | 7,635 | 1,485 | ### Instruction:
Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction.
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be allowed to retain and enjoy the fruits of crime. Even if one or the other beneficiaries was acquitte... |
Balakrishnan Vs. Union of India & Others | 30.05.2012, a notice was issued to the appellant under Section 148 of the Act whereby the Income Tax Department decided to re-open the assessment on the ground that income which was assessable to income tax escaped assessment during the year 2009-10. The stand which was taken by the Revenue in this notice was that the ... | 1[ds]From the facts mentioned above, it becomes apparent that the acquisition process was initiated by invoking the provisions of LA Act by the State Government. For this purpose, not only Notification under Section 4 was issued, it was followed by declaration under Section 6 and even Award under Section 9 of the LA Ac... | 1 | 1,936 | 786 | ### Instruction:
Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages.
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30.05.2012, a notice was issued to the appellant under Section 148 of the Act whereby the Income Tax Depar... |
P.S.N.S. Ambalavana Chettiar And Co. Ltd And Anr Vs. Express Newspapers Ltd., Bombay | in the goods has passed to the buyer subject to the lien of the unpaid seller. Where the property in the goods has not passed to the buyer the seller has no right of resale under S 54 (2). The question is whether the property in the 300 tons of newsprint in sheets had passed to the appellants before the resale. 8. On N... | 1[ds]5. The two Courts concurrently found that (1) appellant No. 2 was a party to the contract of purchase of 415 tons of newsprint in sheets, (2) on November 26, 1951 the parties orally agreed that instead of 415 tons the appellants would buy 300 tons of the newsprint and (3) there was no cancellation of the contract ... | 1 | 2,508 | 744 | ### Instruction:
Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case.
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in the goods has passed to the buyer subject to the lien of the unpaid seller. Where the property in the goo... |
General Electric Technical Servicescompany Inc Vs. Punj Sons (P) Ltd. And Another | the other terms and conditions of the original guarantee will remain unchanged. The liability of the Bank shall automatically reduce from Rs 2, 12, 25, 000 to Rs 1, 06, 12, 500 on June 30, 1988, which will continue even after June 30, 1988 and will be conditional upon a claim being filed with the Bank in writing on or ... | 1[ds]It seems to us that the High Court has misconstrued the terms of the bank guarantee and the nature of the inter-se rights of the parties under the contract. The mobilisation advance is required to be recovered by GETSCO from the running bills submitted by the respondent. If the full mobilisation advance has not be... | 1 | 3,399 | 528 | ### Instruction:
Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document.
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the other terms and conditions of the original guarantee will remain unchanged. The liability of the Bank s... |
Gurdial Singh and Others Vs. Biru and Others | MATHEW, J.1. This is an appeal by special leave against the decree of the High Court of Punjab and Haryana confirming the decrees passed by the courts below decreeing a suit filed by the respondents against the appellants. The suit was for recovery of possession of a piece of land measuring 29 kanals from the appellant... | 0[ds]The question whether the appellants were in possession of the land as tenants on the date of the suit was considered by the trial Court as well as by the first appellate Court and they held that there was no evidence that in 1958 the appellants were tenants of the land. Apart from it in the amended written stateme... | 0 | 1,001 | 452 | ### Instruction:
Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding.
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MATHEW, J.1. This is an appeal by special leave against the decree of the High Court of Punjab and Haryana confirming the ... |
Commissioner Of Income Tax, Coimbatore Vs. M/S. Lakshmi Machine Works | particularly, when those legislative changes indicate that the legislature intended to exclude items like commission and interest from deduction on the ground that they did not possess any element of "turnover" even though commission and interest emanated from exports. We have to read the words "total turnover" in Sect... | 0[ds]15. The principal reason for enacting the above formula was to disallow a part of 80HHC concession when the entire deduction claimed could not be regarded as relatable to exports. Therefore, while interpreting the words "total turnover" in the above formula in Section 80HHC one has to give a schematic interpretati... | 0 | 8,493 | 1,844 | ### Instruction:
Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages.
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particularly, when those legislative changes indicate that the legislature intended to exclude items like ... |
Manuara Khatun Vs. Rajesh Kr. Singh | several decisions of this Court rendered by three Judge Bench and two Judge Bench in past, viz., National Insurance Co. Ltd. v. Baljit Kaur & Ors., 2004(1) R.C.R.(Civil) 722 : (2004) 2 SCC 1 , National Insurance Co. Ltd. v. Challa Upendra Rao & Ors., (2004) 8 SCC 517 , National Insurance Co. Ltd. v. Kaushalaya Devi & O... | 1[ds]13. Having heard the learned counsel for the parties and on perusal of the record of the case, we find force in the submission of the learned counsel for the appellantsThe aforesaid question, in our opinion, remains no more res integra.The facts of the case at hand are somewhat identical to the facts of the case m... | 1 | 2,488 | 377 | ### Instruction:
Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document.
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several decisions of this Court rendered by three Judge Bench and two Judge Bench in past, viz., ... |
EMPLOYEES’ STATE INSURANCE CORPORATION Vs. KAKINADA MUNICIPALITY & ORS | of any contribution or benefit or other dues payable or recoverable under the Act or any other matter required to be or which may be decided by the ESI Court under the Act and such question or dispute subject to the provisions of sub-section (2-A) shall be decided by the ESI Court in accordance with the provisions of t... | 1[ds]10. In the facts of this case, there is no dispute that the first respondent was running a factory within the meaning of the Act, insofar as it is undertaking manufacturing activities within the meaning of the expression manufacturing process as defined in Section 14AA. The proviso to Section 1(4), undoubtedly, op... | 1 | 4,472 | 1,919 | ### Instruction:
Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document.
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of any contribution or benefit or other dues payable or recoverable under the Act or any other ma... |
Kushal Fertilisers Ltd Vs. The Commissioner of Customs and Central Excise, Meerut | High Court any question of law arising out of such order and, subject to the other provisions contained in this section, the Appellate Tribunal shall, within one hundred and twenty days of the receipt of such application, draw up a statement of the case and refer it to the High Court:Provided that the Appellate Tribuna... | 1[ds]18. The High Court has not said that the finding of fact arrived at by the High Court was perverse and/or was based on applying wrong legal principles etc. The High Court proceeded on the basis that the failure on the part of the appellant to submit required declaration or application for licence for establishment... | 1 | 2,896 | 402 | ### Instruction:
Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document.
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High Court any question of law arising out of such order and, subject to the other provisions contained in ... |
Hindustan Steel Ltd Vs. M/S. Dalip Construction Company | he thinks fit, an amount not exceeding ten times the amount of the proper duty or of the deficient portion thereof, Sec. 42 provides:"(1) When the duty and penalty (if any), leviable in respect of any instrument have been paid under Section 35, Section 40 or * * the person admitting such instrument in evidence or the C... | 0[ds]The award, which is an "instrument within the meaning of the Stamp Act was required to be stamped. Being unstamped, the award could not be received in evidence by the Court, nor could it be acted upon. But the Court was competent to impound it and to send it to the Collector with a certificate in writing stating t... | 0 | 2,111 | 544 | ### Instruction:
Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences.
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he thinks fit, an amount not exceeding ten times the amount of the proper duty or of the deficient portion thereof, Sec. 4... |
Dr. Akshaibar Lal And Others Vs. The Vice-Chancellor, Banaras Hinduuniversity, And Others.( | the special remedy excluded the right of the University to invoke its general powers, not to start with, but after the special procedure had been deliberately adopted and had commenced. If the cases of these appellants had not been sent to the Solicitor-General and the Reviewing Committee at all, other considerations m... | 1[ds]We are not concerned with the Regulations, and no reference need be made to them except to say that they ranked below the Ordinances and had to be consistent with the Act, the Statutes and the Ordinances15. From the above analysis, it is clear that the Act created the Executive Council as an authority and the exec... | 1 | 6,590 | 1,045 | ### Instruction:
Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages.
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the special remedy excluded the right of the University to invoke its general powers, not to start with, b... |
Commissioner of Central Excise Vs. Maruti Suzuki India Ltd | Gurgaon" 21. A bare reading of the entitlement certificate also does not give any indication of deferment of tax or capital subsidy. On the contrary, it only refers to a "tax concession" for the period from 1st August, 2001 to 31st July, 2015 and the quantum of tax concession is mentioned as Rs. 564.35 crores. The enti... | 1[ds]In our opinion, the question must be answered in the negative and in favour of the Revenue.A bare reading of Rule 28-C(5)(a) shows that it is clearly inapplicable in the case of the Assessee. That sub-rule ex facie excludes a prestigious unit from its ken ["(except a prestigious unit)"] There is no dispute that th... | 1 | 3,880 | 851 | ### Instruction:
Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding.
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Gurgaon" 21. A bare reading of the entitlement certificate also does not give any indication of deferment of tax o... |
The Central Bank of India Ltd Vs. The Hartford Fire Insurance Co. Ltd | the appointment. The real decision was that the agreement appointing the managing director was not ultra vires the power of the directors under the aforesaid articles, and, as in the letter of appointment, dismissal at will had not been provided for, the dismissal in the case was wrongful. The question there decided ha... | 0[ds]Now it is commonplace that it is the courts duty to give effect to the bargain of the parties according to their intention and when that bargain is in writing the intention is to be looked for in the words used unless they are such that one may suspect that they do not convey the intention correctly. If those word... | 0 | 4,472 | 2,640 | ### Instruction:
Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding.
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the appointment. The real decision was that the agreement appointing the managing director was not ultra vires th... |
Commissioner of Sales Tax, Gujarat State, Ahmedabad Vs. Sabarmati Reti Udyog Sahkari Mandali Ltd | equipment water, coal, labour etc. required for supply and manufacture of bricks shall have to be made by the contractor at his own cost. The Government shall give only land for excavating soil for manufacture of bricks to the contractors free of rent from the land reserved by the. Government for this purpose. The land... | 1[ds]Mr. Desai, however, took pains to point out certain distinguishing features of the present case such as maintenance of qualified Executive Engineer for supervision of work subject to removal at the instance of the Government; restriction on employment of children under 12 years; labour welfare provisions regarding... | 1 | 2,957 | 391 | ### Instruction:
Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document.
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equipment water, coal, labour etc. required for supply and manufacture of bricks shall have to be made by t... |
Standard Vacuum Refining Co. Of India Vs. Its Workmen And Another | nor necessary to fix the amount with exactitude which should form the minimum living wage after an exhaustive enquiry for considering the question of bonus, because, according to the principle laid down the whole gap between the existing wages and the living wage need not be filled up. That is why is thought that it wo... | 0[ds]We think it would have been better if the tribunal had addressed itself to the question raised before it by the appellant and made a more definite and precise finding. In this connection, it must, however, be added that the oil companies have been raising this plea for some years past and the plea has been consist... | 0 | 10,095 | 3,599 | ### 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:
nor necessary to fix the amount with exactitude which should form the minimum living wage after an exhaustive enquiry for... |
U.A.BASHEER Thr. G.P.A. Holder Vs. THE STATE OF KARNATAKA & ANR. | we concur with the findings of the Division Bench. 14. We have also given due consideration to the provisions of Section 8 and Section 9 of the Principal Act, and in our opinion, the aforementioned Sections make it incumbent on the Competent Authority to issue notice to or provide an opportunity to be heard only to the... | 1[ds]10. Having undertaken a thorough perusal of the documents and submissions on record, we find ourselves unable to completely affirm the impugned judgment dated 26.03.2009 of the Division Bench. Before proceeding to lay down our conclusions, it may be useful to first refer to the findings of the learned Single Judge... | 1 | 3,403 | 987 | ### 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:
we concur with the findings of the Division Bench. 14. We have also given due consideration to th... |
M.P. POWER MANAGEMENT COMPANY LTD Vs. RENEW CLEAN ENERGY PVT. LTD | on respondent No.1. Being aggrieved, respondent No.1 filed Writ Petition No.12432 of 2017 before the High Court praying that the appellant be directed not to give effect to termination and encashment of performance bank guarantee. The High Court vide impugned judgment dated 18.08.2017 partly allowed the writ petition s... | 0[ds]11. Even when respondent No.1 has undertaken the construction activities in the changed location and informed the appellant that the expected date of commissioning of the project is 31.08.2017, the appellant terminated the contract by its order dated 11.08.2017. As pointed out by respondent No.1 in its counter aff... | 0 | 1,760 | 515 | ### Instruction:
Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation.
### Input:
on respondent No.1. Being aggrieved, respondent No.1 filed Writ Petition No.12432 of 2017 before the High Co... |
Maharashtra State Elect.Distrn.Co.L.&Anr Vs. Datar Switchgear Ltd | It rather demonstrates that it was the Chief Engineer who was made responsible for looking after the interest of the appellant No. 1 in those proceedings. In this regard, it would be useful to advert to the observations made by a three judge bench of this Court in S.M.S. Pharmaceuticals (supra): “There is no universal ... | 0[ds]28. A bare perusal of the complaint shows that the gravamen of the allegation is that a fabricated document containing the offending endorsement was tendered in evidence before the Arbitral Tribunal on behalf of MSEB by accused No. 6, who wasof Shirpur Section. It is evident from theparagraphs of the complaint tha... | 0 | 5,844 | 1,406 | ### 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 rather demonstrates that it was the Chief Engineer who was made responsible for looking after the in... |
Commissioner of Income Tax (Central), Calcutta Vs. Daulatram Rawatmull | have reached those findings. This is so even if the High Court left to itself would on the evidence have reached a conclusion different from that of the Tribunal. The rules which govern the approach of the High Court are"(i) When the point for determination is a pure question of law such as construction of a statute or... | 0[ds]We are unable to agree with that contention5. The High Court exercises an advisory jurisdiction under section 66 of the IndianAct. Only a question which arises out of the order passed by the Appellate Tribunal can be referred by that authority under section 66(1) of the IndianAct and if the Tribunal declines to st... | 0 | 2,770 | 526 | ### 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:
have reached those findings. This is so even if the High Court left to itself would on the evidence have reached a conclusio... |
Gurdeep Singh Vs. Bhim Singh & Others | some confusion with regard to the actual Registration number of the bus belonging to M/s Kataria Tours and Travellers.8. In the evidence of RW-1 - Bhim Singh (Driver of the bus owned by Haryana Roadways), it has come on record that accident had actually occurred with the bus bearing Registration No. DL-1-P-1529 and the... | 1[ds]17. It is a matter of common knowledge that in motor road accidents claim cases, it is very difficult to get witnesses. The eye-witnesses are also not readily available. Even if available, they are not easily ready and willing to come and depose in court of law for many reasons. Thus, we have to go by the oath of ... | 1 | 1,664 | 232 | ### 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:
some confusion with regard to the actual Registration number of the bus belonging to M/s Kataria Tours and Tr... |
Gregory Patrao and Ors Vs. Mangalore Refinery and Petrochemicals Limited & Ors | it has allowed and remanded the case to the Reference Court for reconsideration of the claims after affording opportunity to the Company, which order suffers from error in law and therefore, the same is liable to be set aside. 64. Further, the learned Judge of the High Court has erroneously held that the allottee Compa... | 1[ds]7. While answering the aforesaid issue/question, it is required to be noted that in the present case, the land has been acquired under the provisions of the KIAD Act, 1966 and the notification has been issued under Section 28(1) of the KIAD Act, 1966. The land has been acquired by the State Government for KIADB un... | 1 | 7,527 | 4,207 | ### 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:
it has allowed and remanded the case to the Reference Court for reconsideration of the claims after affording opportunity to... |
Sheo Kuer Vs. Nathuni Prasad Singh & Ors | the property left by Trilok Prasad Singh between themselves. The appellant, Sheo Kuer, who was appointed as a shebait under the deed of arpannama has thereafter, obtained special leave to appeal to this Court from the judgment of the High Court. We are, in this judgment, concerned with Sheo Kuers appeal, not with the a... | 1[ds]We are, in this judgment, concerned with Sheo Kuers appeal, not with the appeal filed by Kachnar Kuer by certificateThe finding that the adoption is without the authority of the husband and therefore void is not challenged before us either by Kachnar Kuer or by the adopted son and that finding must therefore be co... | 1 | 1,641 | 593 | ### Instruction:
Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences.
### Input:
the property left by Trilok Prasad Singh between themselves. The appellant, Sheo Kuer, who was appointed as a shebait unde... |
PAUL Vs. T. MOHAN AND ANOTHER | annum from the date of auction i.e. on 04.03.2010 till the date of deposit, before the Executing Court namely; the learned Ist Additional Subordinate Judge, Madurai, within a period of two weeks from the date of receipt of a copy of this order; (c) The 2 nd respondent/auction purchaser shall be entitled to claim the am... | 0[ds]9. The submission of the appellant herein is primarily based on the Revision of respondent No. 1 having been dismissed by the Revisional Court on the ground of non- compliance of Order XXI Rule 89 CPC. In our view, the said question has been dealt with by the High Court in detail and in the peculiar facts and circ... | 0 | 1,962 | 165 | ### 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:
annum from the date of auction i.e. on 04.03.2010 till the date of deposit, before the Executing Court namel... |
Bihar State Road Transport Corporation Vs. State Of Bihar & Ors | that the reason for terminating the services of respondent 3 was that he had been found to have committed irregularities of a serious nature in the discharge of his duties. That being so, the termination of services of respondent 3 was on account of the aforesaid irregularities in the discharge of his duties and prima ... | 1[ds]The Labour Court, with which also the High Court agreed, came to the conclusion that the order was not one of termination of services simpliciter, but was by way of penalty imposed upon respondent 3 for aforesaid irregularities. There is nothing to show that the said conclusion was either unreasonable or perverse,... | 1 | 2,730 | 580 | ### 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:
that the reason for terminating the services of respondent 3 was that he had been found to have committed irr... |
Somnath Sahu Vs. State of Orissa & Others | of the letter respondent No. 4 has said that the appellant had refused to disclose the names of the members of the Supervisory Staff taking part in the union activities and the appellant had not extended co-operation to the Personnel Superintendent who was his immediate superior officer. For these reasons respondent No... | 1[ds]We are unable to accept this argument as correct. The order of dismissal was made by respondent No. 4 not because of any imputation of misconduct but in terms of the contract of service incorporated in the letter of respondent No. 4 dated the 25th June, 1956 which stateshave the pleasure in offering you a position... | 1 | 2,117 | 1,463 | ### 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:
of the letter respondent No. 4 has said that the appellant had refused to disclose the names of the member... |
All India Voltas & Volkart Employees' Federation Vs. Voltas Limited and Another | perhaps that the more technical their knowledge the better for them in order to earn their commission but it is not for the technical knowledge that they were employed because they go from business to business and canvass orders and that is the main and substantial part of the work which they have to do and for which t... | 0[ds]( 6 ) IN the first place we do not think that the company had any such motive as was sought to be attributed to it because though no doubt the letter of 14th January, 1966 was written after the bonus Act came into force, the scheme itself was in force in the company long before the Bonus act was brought into force... | 0 | 9,862 | 4,162 | ### 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:
perhaps that the more technical their knowledge the better for them in order to earn their commission but it ... |
Majji Sannemma @ Sanyasirao Vs. Reddy Sridevi & Ors | to take bed rest for the said period. However, there is no explanation for the period after 15.03.2017. Thus, the period of delay from 15.03.2017 till the Second Appeal was filed in the year 2021 has not at all been explained. Therefore, the High Court has not exercised the discretion judiciously. 7. At this stage, a f... | 1[ds]Thus from the aforesaid, it can be seen that the High Court has not observed that any sufficient cause explaining the huge delay of 1011 days has been made out.6.1 The High Court has observed that if the delay is condoned no prejudice will be caused to the appellant as the appeal would be heard on merits. The High... | 1 | 2,375 | 1,102 | ### 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:
to take bed rest for the said period. However, there is no explanation for the period after 15.03.2017. Thus, the period o... |
Bela Das & Ors Vs. Samarendra Nath Bose | the current and future rent. The defendant resisted the claim of the plaintiffs under Section 11-A of the Act on the ground that besides them there were other landlords of the building in question. But an order under Section 11-A of the Act was made against the defendant by the Trial Court on 6-2-1964. To safeguard the... | 1[ds]5. The defence set up by the defendant that he was not the tenant but the tenant was Liberty and Co. was a mere pretence. The High Court has also not thought it fit to remit the case back, because of this defence. The defendant was carrying on the business in the assumed name of Liberty and Co., which was not any ... | 1 | 1,326 | 661 | ### 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 current and future rent. The defendant resisted the claim of the plaintiffs under Section 11-A of t... |
G.S. Dhara Singh Vs. E.K. Thomas & Ors | the Additional Sub-Judge, Cochin against the decrees passed by the Munsiff in favour of Respondent Nos. 1 and 3 respectively. After hearing the par ties the learned Sub Judge found that the petitioner and Respondent No. 3 had received from the management amounts on behalf of the workmen concerned towards gratuity and a... | 0[ds]At the hearing of the Special Leave Petition the learned counsel for the petitioner stated and we think rightly that the ground on which the First Appellate Court had set aside the decrees passed by the Trial Court, namely, that the suits were barred under the provisions of the Payment of Gratuity Act, 1972 and th... | 0 | 2,134 | 612 | ### Instruction:
Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction.
### Input:
the Additional Sub-Judge, Cochin against the decrees passed by the Munsiff in favour of Respondent Nos. 1 and 3 respectively... |
THE TEMPLE OF HANEMANN HOMOEOPATHIC MEDICAL COLLEGE AND HOSPITAL Vs. UNION OF INDIA & ORS | receipt of any complaint, or otherwise as may be considered necessary. The regulation does not deal with who will inspect and who will appoint a team of medical inspectors that is dealt with in S.17 of the Act of 1973.15. The Single Bench of the High Court has opined that Inspectors cannot be appointed by the Central G... | 1[ds]18. After hearing the learned counsel for the parties, we are of the considered opinion that various legislations enacted by the Central Government, it has provided for constitution of statutory bodies, experts to deal with such matters of various kinds of education in the country for Medical Education, Medical Co... | 1 | 3,411 | 740 | ### 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:
receipt of any complaint, or otherwise as may be considered necessary. The regulation does not deal with who will inspect a... |
Ratan N. Tata and Others Vs. State of Maharashtra and Others | a different thing from initiation of proceedings; rather it is the condition precedent to the initiation of proceedings by the Magistrate or the Judge. Cognizance is taken of cases and not of persons. Under Section 190 of the Code, it is the application of judicial mind to the averments in the complaint that constitute... | 1[ds]It is trite position of law that the power conferred on this Court under Section 482 of the Cr.P.C. is the inherent power and the said power is to be exercised with great circumspection and in rarest of rare case where the complaint does not disclose any offence. It is settled position of law that if the complaint... | 1 | 17,521 | 2,826 | ### 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:
a different thing from initiation of proceedings; rather it is the condition precedent to the initiation of proce... |
Ram Saran Lall And Others Vs. Mst. Domini Kuer And Others | was done on February 9, 1946, when the instrument was copied out in the books of the Registration Office. In this view of the matter, the High Court came to the conclusion that the appellants were not entitled to enforce their right of pre-emption because they had not made the preliminary demand after the completion of... | 0[ds]We will assume that the learned Attorney-Generals construction of the instrument of sale that the property was intended to pass under it on the date of the instrument is correct. Section 47 of the Registration Act does not however, say when a sale would be deemed to be complete. It only permits a document when reg... | 0 | 2,031 | 631 | ### 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:
was done on February 9, 1946, when the instrument was copied out in the books of the Registration Office. In... |
Chilamkurti Bala Subrahmanyam Vs. Samanthapudi Vijaya Lakshimi | us, no such particulars have been given by the respondent of the alleged collusion between the other respondents and the auction-purchaser. There is also no material irregularity in publishing or conducting the sale. There was sufficient compliance with Order 21 Rule 67(1) read with Order 21 Rule 54(2). No doubt, the t... | 1[ds]13. Having heard the learned counsel for the parties and on perusal of the record of the case, we are inclined to allow the appeal finding merit therein.Therefore before the sale can be set aside merely establishing a material irregularity or fraud will not do. The applicant must go further and establish to the sa... | 1 | 2,584 | 1,263 | ### 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:
us, no such particulars have been given by the respondent of the alleged collusion between the other respo... |
Raja Sharda Narain Singh Vs. Commissioner of Income Tax, U. P | to the assessment year 1949-50. It observed on this point:"There can hardly be any doubt that the sum represented the revenue income of the year under consideration. The account year of the assessee started from 28th of September, 1947, and extended up to the 30th of September, 1948. The deposit appears on 3rd of Novem... | 1[ds]8. In the result, the appeal succeeds and we direct the Appellate Tribunal to draw up a statement of the case and refer the following question to the Highthe sum of rupees two lakhs included in the total income of the assessee as income from some undisclosed source was not assessable in the assessment yearon the b... | 1 | 1,628 | 416 | ### Instruction:
Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text.
### Input:
to the assessment year 1949-50. It observed on this point:"There can hardly be any doubt that the sum represented the rev... |
Mohd. Ameeruddin Vs. United India Insurance Co. Ltd. | Aftab Alam, J. 1. This is the claimants appeal by grant of special leave arising from a motor accident claim case. The appeal is directed against the judgment and order dated July 28, 2004, passed by the Andhra Pradesh High Court in Civil Miscellaneous Appeal No. 2081 of 2004. By the impugned order, the High Court part... | 1[ds]6. We are unable to appreciate the view taken by the High Court on both counts. First, there was no evidence that the daily allowance of Rs. 50 was not paid to the deceased every day or even that he was not on work on every day of the month. On the contrary, there is evidence on record that apart from the monthly ... | 1 | 972 | 267 | ### 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:
Aftab Alam, J. 1. This is the claimants appeal by grant of special leave arising from a motor accident claim case. The ap... |
Kala @ Chandrakala Vs. State Tr.Insp.Of Police | to Susheela, PW.4 does not inspire evidence. She was not having good relationship with accused and is not corroborated by other evidence on record, hence, it would not be safe to act upon it in the facts and circumstances of the case. The extra-judicial confession made to police is admissible only with respect to the r... | 1[ds]13. In the instant case, which is based on the circumstantial evidence, particularly when the body has not been recovered at the instance of the accused, the recoveries of moped and piece of nylon saree which were made are not proved to be related to commission of offence, they are not proved to be incriminating m... | 1 | 2,533 | 243 | ### Instruction:
Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction.
### Input:
to Susheela, PW.4 does not inspire evidence. She was not having good relationship with accused and is n... |
Bijendra Nath Srivastava Vs. Mayank Srivastava | disposes finally of all matters of difference. [See : Smt. Santa Sila Devi & Anr. v. Dhirendra Nath Sen & Ors. supra]. In the award the arbitrator has stated: "I have heared the parties and considered all the points raised by them, the rights and claims of the parties involved, and the accounts and evidence produced by... | 1[ds]27. Having regard to the aforesaid facts and circumstances we are of the opinion that it would be unsafe to place reliance on the uncorroborated assertion of respondent No. 14, as contained in the affidavits filed by him, the truth of which has not been tested in cross-examination. The High Court, in our view, was... | 1 | 14,168 | 6,225 | ### 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:
disposes finally of all matters of difference. [See : Smt. Santa Sila Devi & Anr. v. Dhirendra Nath S... |
Prashant s/o Achyutrao Lomate & anr Vs. The Union of India & anr | far as judgment of this Court in case of Osmanabad DistrictsCentralCo-operativeBankVs.UnionofIndia (supra) relied by the learned counsel for the insurance company is concerned, the Division Bench of this Court in the said judgment had considered National Agricultural Insurance Scheme. The petition was filed by a villag... | 1[ds]53. It is not in dispute that the Union of India had floated a scheme namely Pradhan Mantri Fasal Bima Yojana 2020 which was applicable for three years. The State of Maharashtra was implementing the said scheme and had issued Government Resolution dated 29th June, 2020 through the department of Agriculture. Clause... | 1 | 8,813 | 2,759 | ### 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:
far as judgment of this Court in case of Osmanabad DistrictsCentralCo-operativeBankVs.UnionofIndia (supra) relied by the ... |
Mujeeb & Another Vs. State of Kerala | courts below both PWs32 and 33 could not have identified the accused. More over PW32 became hostile witness. The car was taken to PW40 who was the owner of Excel autos in Mananthawady for purchasing diesel. According to the courts below prosecution also could not prove this fact as PW40 turned hostile. 15. Regarding th... | 1[ds]17. We are of the opinion that the High Court erred in law in not giving the clear finding inasmuch as medical evidence is clear. The evidence of doctor that possibility of death resulting from ligature strangulation as per police history could not be ruled out, is not a positive medical evidence to come to the co... | 1 | 2,377 | 855 | ### 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:
courts below both PWs32 and 33 could not have identified the accused. More over PW32 became hostile witness.... |
THE STATE OF HARYANA THROUGH SECRETARY TO GOVERNMENT OF HARYANA Vs. JAI SINGH & ORS | Court that it is the speech, express or necessarily implied, which only is the declaration of law by this Court within the meaning of Article 141 of the Constitution. 79. In S. Shanmugavel Nadar, the Bench had the advantage of considering Kunhayammed and V.M. Salgaocar. A perusal of the aforesaid judgment would show th... | 1[ds]The scope of such expression came up for consideration before the Full Bench of Punjab and Haryana High Court in a judgment reported as Munsha Singh & Ors. v. The State of Punjab & Ors. AIR 1960 P&H 317 (FB). It was held that the individual proprietors of the land were not left with even a single right which may b... | 1 | 23,777 | 14,563 | ### 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:
Court that it is the speech, express or necessarily implied, which only is the declaration of law by this Court within the... |
Techpac Holdings Limited Vs. The Deputy Commissioner of Income Tax (Osd-Ii) & Another | and in Sections 148 to 153 referred to as the relevant assessment year):Provided that where an assessment under sub-section (3) of Section 143 or this section has been made for the relevant assessment year, no action shall be taken under this section after the expiry of four years from the end of the relevant assessmen... | 1[ds]As far as the issue of service of notices under sections 148, 142(1) and 143(2) of the Act are concerned, it is an admitted position that the said notices were never served on the Petitioner. The Revenue seeks to justify service of these notices on the Petitioner by contending that they have served the said notice... | 1 | 6,731 | 3,235 | ### 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:
and in Sections 148 to 153 referred to as the relevant assessment year):Provided that where an assessment under sub-sectio... |
C.B.I. Vs. Rajesh Gandhi | case RC. I (S)/95(D) was registered on 3-1-1995 against the first respondent and other accused persons incorporating the offences mentioned in FIR No. 159/93. The first respondent filed a writ petition in the Patna High Court challenging the said notifications of 2-6-1994 and 26-10-1994. The present appeal arises from ... | 1[ds]8. There is no merit in the pleas raised by the first respondent either. The decision to investigate or the decision on the agency which .should investigate, does not attract principles of natural justice. The accused cannot have a say in who should investigate the offences he is charged with. We also fail to see ... | 1 | 1,438 | 621 | ### 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:
case RC. I (S)/95(D) was registered on 3-1-1995 against the first respondent and other accused persons incorp... |
Aspi Jal Vs. Khushroo Rustom Dadyburjor | of Section 10 is to prevent courts of concurrent jurisdiction from simultaneously trying two parallel suits between the same parties in respect of the same matter in issue. The fundamental test to attract Section 10 is, whether on final decision being reached in the previous suit, such decision would operate as res-jud... | 1[ds]From a plain reading of the aforesaid provision, it is evident that where a suit is instituted in a Court to which provisions of the Code apply, it shall not proceed with the trial of another suit in which the matter in issue is also directly and substantially in issue in a previously instituted suit between the s... | 1 | 3,003 | 426 | ### 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 Section 10 is to prevent courts of concurrent jurisdiction from simultaneously trying two parallel suits between the same... |
M/S. TVS MOTOR COMPANY LTD Vs. THE STATE OF TAMIL NADU AND OTHERS | It is very clear from the aforesaid discussion that this Court held that ITC is a form of concession which is provided by the Act; it cannot be claimed as a matter of right but only in terms of the provisions of the statute; therefore, the conditions mentioned in the aforesaid Section had to be fulfilled by the dealer;... | 1[ds]30. While entertaining question no. (2), namely, whether the impugned provisions are violative of Articles 14, 19(1)(g) and 301 of the Constitution, the High Court pointed out that on this aspect, argument of the assessees was that the words ‘rate applicable? employed in Section 8(2) of the CST Act has to necessar... | 1 | 14,781 | 1,854 | ### 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:
It is very clear from the aforesaid discussion that this Court held that ITC is a form of concession wh... |
Mgr Industries Asso. Vs. State Of U P | the 1976 Act in consonance with proviso to Article 243Q(1).Section 12A specifically provides that:“....where an industrial development area or any part thereof is specified to be an industrial township under the proviso to clause (1) of Article 243Q of the Constitution, such industrial development area or part thereof,... | 0[ds]7. From Section 12A it further reveals that if the said area is included in panchayat area, such area with effect from the date of notification made under proviso (proviso to Article 243Q) stands excluded from such panchayat. Thus, specification to be an industrial township as well as a notification under proviso ... | 0 | 2,889 | 612 | ### Instruction:
Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding.
### Input:
the 1976 Act in consonance with proviso to Article 243Q(1).Section 12A specifically provides that:“..... |
P C Agarwala Vs. Payment Of Wages Insp.,M.P. | from the assets of its members; the liability of the members or shareholders is limited to the capital invested by them; similarly, the creditors of the members have no right to the assets of the corporation. This position has been well-established ever since the decision in the case of Salomon vs. Salomon & Co. (1897)... | 1[ds]18. It is trite law that liability of a person is dependent upon the statutory prescriptions governing such liability. Sections 5 and 291 of the Companies Act, 1956 (in short Companies Act) are to be noted in this regard. Section 5 refers to officer who is in default. Section 291 on the other hand relates to gener... | 1 | 8,245 | 925 | ### 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:
from the assets of its members; the liability of the members or shareholders is limited to the capital inves... |
Murarilal Mahabir Prasad & Ors Vs. Shri B. R. Vad & Ors | resourcefulness and ingenuity which go into well-timed dissolution of firms ought not to be allowed to be used as convenient instruments of tax evasion. As observed by Lord Dunedin in Whitney v. Commissioners of Inland Revenue [(1925) 10 Tax Cas. 88] : "A statute is designed to be workable, and the interpretation there... | 0[ds]11. It is plausible that a distinction ought to be made between the death of an individual and the dissolution of a firm. Human beings, as assessees, are not generally known to court death to evade taxes. Death, normally, is not volitional and it is understandable that on the death of an individual, his liability ... | 0 | 8,846 | 2,062 | ### 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:
resourcefulness and ingenuity which go into well-timed dissolution of firms ought not to be allowed to be use... |
Jagdish Sawhney Vs. Harbans Singh | Jalandhar and thereafter he took prompt steps to obtain certified copies of the judgment and decree and filed the appeal on 9.2.1996 thus explaining the delay in preferring the appeal. In the second application, the applicant alleged that the plaintiffs and defendants in the suit had colluded with each other in getting... | 1[ds]5. What had been stated in the application or before the Court as to the manner in which the appellant came to know of the decree of the court is in substantial agreement with each other. Whether he came to know on his own inspection or through the inspection of his representative or by joint inspection or through... | 1 | 1,433 | 267 | ### 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:
Jalandhar and thereafter he took prompt steps to obtain certified copies of the judgment and decree and... |
M. Sham Singh Vs. State of Mysore | suit against the appellant. It was, however, dismissed against the sureties. 6. There is hardly any merit or substance in the present appeal. The appellant appears to seek advantage from the fact that he had informed the Government of Mysore about his arrival on July 18, 1950 after completion of his studies at the Poly... | 0[ds]6. There is hardly any merit or substance in the present appeal. The appellant appears to seek advantage from the fact that he had informed the Government of Mysore about his arrival on July 18, 1950 after completion of his studies at the Polytechnic Institute of Brooklyn. It has been contended on his behalf that ... | 0 | 2,404 | 710 | ### 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:
suit against the appellant. It was, however, dismissed against the sureties. 6. There is hardly any merit or... |
State of Punjab (Now Haryana) & Others Vs. Amar Singh & Another | it to the first three questions of law set out at the commencement of this judgment, are correct. I would, therefore, uphold the same. 119. Now I turn to question No. 4, which arises in Amar Singhs case only. 120. It is common ground that Field Nos. 265 and 343 on April 15, 1953, were comprised in the tenancy of Sri Ch... | 1[ds]Certainly, land reforms are no basic to the national reconstruction of the new order envisaged by the Constitution that the issue raised in this case deserves our anxious attention. We have to bear in mind the activist, though inarticulate, major premise of statutory construction that the rule of law must run clos... | 1 | 24,994 | 4,737 | ### 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:
it to the first three questions of law set out at the commencement of this judgment, are correct. I would, theref... |
RAJASTHAN SMALL INDUSTRIES CORPORTION LIMITED Vs. M/S GANESH CONTAINERS MOVERS SYNDICATE | replacing of the arbitrator by another according to the rules that were applicable to the appointment of the original arbitrator who was being replaced. The term “rules” in Section 15(2) obviously referred to the provision for appointment contained in the arbitration agreement or any rules of any institution under whic... | 1[ds]20. It is in this backdrop, the respondent has filed the arbitration petition before the High Court under Section 11 and Section 15 of the Arbitration and Conciliation Act, 1996 on 13.05.2015 seeking appointment of an independent arbitrator. As noted earlier, as per Clause 4.20.1 of Schedule-4 (General Conditions)... | 1 | 7,612 | 2,145 | ### 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:
replacing of the arbitrator by another according to the rules that were applicable to the appointment of the original arbi... |
Atma Ram Vs. State of Punjab & Others | our opinion, no good reasons have been adduced in support of the view that portions or shares in an estate are not within the sweep of the expression "or any rights therein".A recent decision of this Court in the case of Ram Narain Medhi v. State of Bombay, Petns. Nos. 13 and 38 to 41 of 1957 and 55 of 1958, D/- 18-11-... | 0[ds]But it has been suggested that the several interests indicated in sub-cl. (b), quoted above, have been used with reference to the area of an entire estate, but knowing as we do, that a raiyats or an under-raiyats holding generally is not coextensive with the area of an entire estate but only small portions thereof... | 0 | 8,007 | 1,738 | ### 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:
our opinion, no good reasons have been adduced in support of the view that portions or shares in an estate ar... |
Steel Authority of India Limited Vs. Gouri Dev | M.R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 05.02.2021 passed by the Division Bench of the High Court of Orissa at Cuttack in Writ Petition No.7791 of 2020 by which the Division Bench of the High Court has dismissed the said writ petition preferred by the appellant her... | 1[ds]5. Having heard the learned counsel appearing on behalf of the appellant and from the facts narrated hereinabove, it emerges that the deceased employee died in the year 1977 and the second application for appointment on compassionate ground by the widow to appoint her second son was filed in the year 1996, i.e., a... | 1 | 978 | 548 | ### 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:
M.R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 05.02.... |
Badrilal Vs. Municipal Corporation Of Indore | offer and it was rejected by the only authority competent to accept it i.e. the Corporation on 31-5-1960.The correspondence carried on by the Commissioner with the appellant was wholly beyond his powers. 7. The offer made by the appellant in 1959 cannot have anything to do with the resolution passed by the Municipal Co... | 0[ds]The same position was explained in a recent decision of this Court to which one of us was a party in Bhagwanji Lakhamshi v. Himatlal Jamnadas Dani, (1972) 1 SCC 388 = (AIR 1972 SC 819 ). At p. 391 it was observed :The act of holding over after the expiration of the term does not create a tenancy of any kind. If... | 0 | 2,702 | 466 | ### 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:
offer and it was rejected by the only authority competent to accept it i.e. the Corporation on 31-5-196... |
Erach Boman Khavar Vs. Tukaram Sridhar Bhat | being experienced in the matter – it does not give the right anew to the party to agitate the matter further nor does it confer jurisdiction on the court itself to further probe the correctness of the decision arrived at: review of a judgment cannot be had on the basis of this liberty. The circumstances under which rev... | 1[ds]37. Coming to the case atDivision Bench, after reproducing paragraph 19 of the judgment in Kewal Chandcase, held that the liberty granted by the learned single Judge to file an application was not maintainable, for the liberty granted by the learned single Judge cannot be used to seek from him orders which are con... | 1 | 9,565 | 834 | ### 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:
being experienced in the matter – it does not give the right anew to the party to agitate the mat... |
Dr. Mangat Rai Goyal Vs. Moraj Finanz Private Limited | M.S. Sanklecha, J.By this appeal, the appellant challenges the order dated 24.04.2012 of the Learned Single Judge dismissing the appellants petition for winding up of the respondent company under the provision of Companies Act, 1956.2. The appellant had by a notice dated 11.12.2010 under Section 434 of the Companies Ac... | 0[ds]We further find that not only the Agreement dated 10.02.2010 provides the names of the parties whose claims have to be settled but the respondents have also filed an affidavit with supporting evidence pointing out the persons to whom the payment was made and in support thereof evidence of the reasons for the same.... | 0 | 680 | 199 | ### 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:
M.S. Sanklecha, J.By this appeal, the appellant challenges the order dated 24.04.2012 of the Learned Single Judge dismissing... |
O.P. Singla & Anr. Etc Vs. Union Of India & Ors | precedents namely, that a person already rendering service as a promotee ha s to go down below a person who comes into service decades after the promotee enters the service and who may be a schoolian, if not in embryo, when the promotee on being promoted on account of the exigencies of service as required by the Govern... | 1[ds]The seniority list which is impugned in this case has been prepared on the basis that the rule of `quota and rota will continue to apply notwithstanding the fact that appointments are made to the Service under Rule 16 and 17. As pointed out earlier, the rule of `quota and rota which is prescribed by the proviso to... | 1 | 8,777 | 870 | ### 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:
precedents namely, that a person already rendering service as a promotee ha s to go down below a person who comes into ser... |
Union of India Vs. A. Alagam Perumal Kone & Others | Scheme on the plea of his imprisonment for more than six months for participating in the Quit India Movement. The application, which is made for the second time, is also placed on record as Annexure P-5. In the said application, he has stated that he was imprisoned for more than six months i.e. from 05.01.1944 to 05.07... | 1[ds]23. It is not in dispute that at first instance, the 1st Respondent herein, has applied for grant of pension in the year 1997 and the application dated 10.04.1997, submitted by the 1st Respondent is placed on record. In the said application, the 1st Respondent has stated that he was underground during the Quit Ind... | 1 | 2,969 | 1,279 | ### 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:
Scheme on the plea of his imprisonment for more than six months for participating in the Quit India Movement. The applicatio... |
Hindustan Antibiotics Limited Vs. Special Land Acquisition Officer (14) & Others | no question of proceedings under the Act in acquiring lands belonging to company are proceedings as contemplated by section 22. There is therefore no question of prior consent of the Board being taken for that purpose. 16. Reliance was placed by the learned counsel for the petitioner on a judgment reported in the case ... | 0[ds]12. In our opinion, proceedings analogous to those enumerated above, but not specifically covered by provisions of section 22 also may not be taken up without previous consent of the Board. But it is only such proceedings which are connected with the financial existence and proprietary rights of the Company which ... | 0 | 3,966 | 945 | ### 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:
no question of proceedings under the Act in acquiring lands belonging to company are proceedings as c... |
Tulsipur Sugar Company Ltd Vs. State of U.P. and Ors | cannot be used as a ground for inferring a time limit for the correctional jurisdiction under Section 6 (6).8. Acceptance of the High Courts reasoning becomes still more difficult when we examine the premises of that reasoning. The High Court does not appear to be sure whether the limit as to time is to be the date of ... | 0[ds]5. The next question is whether there is under the Act any time limit within which the correction of the award can be made. The impugned correction, no doubt, was made by the Labour Court after its award had become final and enforceable. The principal premise in the High Courts reasoning as also in that of counsel... | 0 | 4,712 | 2,692 | ### 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:
cannot be used as a ground for inferring a time limit for the correctional jurisdiction under Section 6... |
State of Maharashtra Vs. Ratan | by any stretch of imagination, it cannot be believed that when P.W.2-Pravin told her that respondent-Ratan took deceased Sachin with him and when he did not return to house during said night; she did not do anything. The natural conduct of P.W.1-Laxmibai would have been to lodge F.I.R. or at least to inform police abou... | 0[ds]The Supreme Court in the case Rambraksh alias Jalim v. State of Chhatisgarh, A.I.R. 2016 S.C. 2381 held that, it is trite law that a conviction cannot be recorded against the accused merely on the ground that the accused was last seen with the deceased. In other words, a conviction cannot be based on the only circ... | 0 | 2,816 | 433 | ### Instruction:
Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages.
### Input:
by any stretch of imagination, it cannot be believed that when P.W.2-Pravin told her that respondent-Ratan... |
B. Rajagopala Naidu Vs. State Transport Appellate Tribunal & Ors | that S. 43A itself provides that effect shall be given to the orders issued under it, and so, if an order issued under S. 43A itself were to prescribe that it shall be followed it will have to be followed by the Tribunal and no exception can be made in that behalf. Therefore, we cannot accept the argument strongly pres... | 1[ds]Therefore, it seems to us that on a fair and reasonable construction of S. 43A, it ought to be held that the said section authorises the State Government to issue orders and directions of a general character only in respect of administrative matters which fall to be dealt with by the State Transport Authority or R... | 1 | 6,910 | 1,685 | ### 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:
that S. 43A itself provides that effect shall be given to the orders issued under it, and so, if an order issued under S. 4... |
Mohd. Haroon & Others Vs. Union of India & Another | in exceptional situations where it becomes necessary to provide credibility or instill confidence in investigation or where such an order may be necessary for doing complete justice in enforcing the fundamental rights. Apart from this, immediately after the occurrence, Writ Petition (Crl.) No. 155 of 2013 came to be fi... | 1[ds]It is seen from the above particulars that a total number of six cases of rape were registered at the police station Fugana of District Muzaffarnagar. The cases were registered after more than 20 days from the date of incident. According to the State, investigation in all the six cases is almost complete. After ta... | 1 | 19,572 | 4,218 | ### 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 exceptional situations where it becomes necessary to provide credibility or instill confidence in investigation or where ... |
Tata Iron And Steel Co.Ltd Vs. Union Of India | it cannot complain. His complaint is that when afterwards the other party makes a diffenet state of affaris, the basisof an ascertian of right against him then, if it is allowed, his own original change of position will operate as a detriment (vide Grundts: High Court of Austriala (supra)). 21. Phipson on Evidence (Fou... | 0[ds]23. The contextual facts therefore is no unambiguous language depict that the four JPC price elements have not been paid by the appellant herein. Further factual score depicts recording of an undertaking to reply in the event of excess payments and on the wake of the findings as noticed hereinbefore, it would neit... | 0 | 5,262 | 233 | ### 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:
it cannot complain. His complaint is that when afterwards the other party makes a diffenet state of affaris, the basisof a... |
UNITED INDIA INSURANCE CO.LTD Vs. HYUNDAI ENGINEERING AND CONSTRUCTION CO. LTD | in India will be in the nature of a suit, has got to be commenced within three months from the date of such rejection; otherwise, all benefits under the policy stand forfeited. The rejection of the claim may be for the reasons indicated in the first part of clause 13, such as, false declaration, fraud or wilful neglect... | 1[ds]11. The other decision heavily relied upon by the High Court and also by the respondents in Duro Felguera (supra), will be of no avail. Firstly, because it is aBench decision and also because the Court was not called upon to consider the question which arises in the present case, in reference to clause 7 of the su... | 1 | 4,626 | 809 | ### 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:
in India will be in the nature of a suit, has got to be commenced within three months from the date of ... |
BHARAT BROADBAND NETWORK LIMITED Vs. UNITED TELECOMS LIMITED | a challenge is made to an arbitrator, inter alia, by the same party who has appointed such arbitrator. This then refers to the challenge procedure set out in Section 13 of the Act. Section 12(4) has no applicability to an application made to the Court under Section 14(2) to determine whether the mandate of an arbitrato... | 1[ds]14. From a conspectus of the above decisions, it is clear that Section 12(1), as substituted by the Arbitration and Conciliation (Amendment) Act, 2015 [], makes it clear that when a person is approached in connection with his possible appointment as an arbitrator, it is his duty to disclose in writing any circumst... | 1 | 7,709 | 2,969 | ### 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:
a challenge is made to an arbitrator, inter alia, by the same party who has appointed such arbitrator. This then refers to... |
Parbhat General Agencies Etc Vs. Union Of India & Anr. Etc | reason to think that the arbitration will be infructuous at all. If the particular officer sanctioning the contracts refuses to act or is incapable of doing so by reason of his absence or otherwise there are provisions in the Arbitration Act for the appointment of another arbitrator in his place and the arbitrator so a... | 1[ds]3. It may be noted that the agreements in these appeals relate to the exploitation of certain forest produce. The disputes that have arisen between the parties are not of technical nature requiring any specialised knowledge on the part of the arbitrator. It is clear from the terms of the agreements that the Judici... | 1 | 3,103 | 854 | ### 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:
reason to think that the arbitration will be infructuous at all. If the particular officer sanctioning ... |
HRD Corporation Vs. GAIL Limited | in the first arbitration, insurer B may in practice learn of this success and the identity of the arbitrators who have upheld insurer As arguments. It follows from Locabail and AMEC Capital Projects Ltd v. Whitefriars City Estates Ltd [2005] 1 All ER 723 that an objection to the appointment of a member of a previous pa... | 0[ds]Section 12(5) read with the Seventh Schedule makes it clear that if the arbitrator falls in any one of the categories specified in the Seventh Schedule, he becomes "ineligible" to act as arbitrator. Once he becomes ineligible, it is clear that, under Section 14(1)(a), he then becomes de jure unable to perform his ... | 0 | 11,954 | 1,699 | ### 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:
in the first arbitration, insurer B may in practice learn of this success and the identity of the arbitrators who have uphe... |
K. Kumara Gupta Vs. Sri Markendaya and Sri Omkareswara Swamy Temple & Ors | participate in the re-auction. It is to be noted that as such the original writ petitioner never participated in the public auction, which was conducted/held on 24.06.1998. Therefore, by such a liberty being granted, the High Court has given one another opportunity to the original writ petitioner, who has died, and/or ... | 1[ds]8. At the outset, it is required to be noted that by the impugned judgment and order, the Division Bench of the High Court has ordered re-auction of the land in question by fixing the upset price more than what has been fixed earlier by observing that since more than 20 years have elapsed from the date of the issu... | 1 | 8,582 | 3,709 | ### 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:
participate in the re-auction. It is to be noted that as such the original writ petitioner never participa... |
Commissioner Of Income-Tax, Madras Vs. Express Newspapers Ltd., Madras | item of income falls specifically under one head it is to be charged under that head and no other. The expression "income, profits and gains" in S. 6 is a composite concept which takes in all the six heads of income mentioned therein. The 4th head is "profits and gains of business, profession or vocation" and the 6th h... | 0[ds]A conspectus of the said sections discloses a clearcut scheme. Though income-tax is only one tax levided on the total income, S. 6 enumerates six heads whereunder the income of an assessee falls to be charged. This Court in United Commercial Bank Ltd. v. Commr. of Income-tax, West Bengal, (1957) 32 ITR 688 : ((S) ... | 0 | 5,740 | 1,208 | ### 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:
item of income falls specifically under one head it is to be charged under that head and no other. The ... |
Indian Hume Pipe Company Limited Vs. Its Workmen and Another | respondents. Even so, in 1956 the respondents seemed to demand that the said classifications should be revised and the wage up-graded.3. It also appears that when the matter was discussed before the tribunal at the present enquiry and more particularly when the tribunal visited the factory in the company of the appella... | 1[ds]f contends that in changing the categories of these workmen, the tribunal through error has failed to notice the fact that it was common ground between the parties before the tribunal that the classification and the categories prescribed by the earlier award had not to be changed and the only question which the tr... | 1 | 1,710 | 535 | ### 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:
respondents. Even so, in 1956 the respondents seemed to demand that the said classifications should be revis... |
Hind Construction & Engineering Co. Ltd Vs. Their Workmen | when their dispute was taken over by the Union and though they were offered employment they would have been treated like the others unless they broke away from their Union or went against its wishes. In these circumstances, Government was entitled to treat the dispute as single and undivided and to refer the cases of a... | 0[ds]Technically this is correct but we do not think that we should interfere with the award on this ground alone. All workmen were charged together and their defence more or less was that the day following the 1st of January was to be a holiday in accordance with the established practice, though three of them raised a... | 0 | 1,866 | 566 | ### 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:
when their dispute was taken over by the Union and though they were offered employment they would have been ... |
Mukesh K. Tripathi Vs. Sr.Divn.Manager, L.I.C. | and obligations under the statute.37. In case any person raises a contention that his status has been changed from apprentice to a workman, he must plead and prove the requisite facts. In absence of any pleading or proof that either by novation of the contract or by reason of the conduct of the parties, such a change h... | 0[ds]20. The said reasons are, therefore, supplemental to the ones recorded earlier viz: (i) They were rendered per incurium; and (ii) May and Baker (supra) is still a good law.21. Once the ratio of May and Baker (supra) and other decisions following the same had been reiterated despite observations made to the effect ... | 0 | 5,500 | 1,398 | ### 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:
and obligations under the statute.37. In case any person raises a contention that his status has been changed from apprentic... |
Prithvi Raj Taneja Vs. State of Madhya Pradesh and Others | This is an appeal on certificate by Prithvi Raj Taneja (now deceased and represented by his legal representatives) against the judgment of the Madhya Pradesh High Court whereby the High Court partially accepted the appeal filed by the appellant regarding the quantum of compensation for the acquisition of land.2. A plot... | 0[ds]In this respect, we find that the High Court has considered most of the above circumstances and has come to the conclusion that Re. 1 per square yard represents fair market value of the land in dispute. The High Court has also referred to the special circumstances under which the small plots were sold and their pr... | 0 | 1,121 | 353 | ### Instruction:
First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document.
### Input:
This is an appeal on certificate by Prithvi Raj Taneja (now deceased and represented by his legal representatives) against ... |
Morvi Industries Ltd Vs. Commissioner Of Income Tax (Central)Calcutta | we find that according to Cl. 2 (e) of the Managing Agency Agreement reproduced above, the commission for the two years in question became due to the appellant on the 31st day of December, 1954 and 31st day of December, 1955. The appellant also became entitled to receive fixed office allowance of Rs. 12,000,/- for each... | 0[ds]11. So far as the first question is concerned, we find that according to Cl. 2 (e) of the Managing Agency Agreement reproduced above, the commission for the two years in question became due to the appellant on the 31st day of December, 1954 and 31st day of December, 1955. The appellant also became entitled to rece... | 0 | 2,570 | 1,148 | ### 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:
we find that according to Cl. 2 (e) of the Managing Agency Agreement reproduced above, the commission for the two years in q... |
Chitturi Subbanna Vs. Kudapa Subbanna & Others | inclined to think that the rent of Rs. 6 per month might be fixed in regard to these items."The reasons given by the Subordinate Judge for fixing the monthly rent at Rs. 4 are, in his own words :"The Commissioner has, however, fixed the mesne profits for these items at Rs. 2 per month. The Union tax itself on this hous... | 1[ds]We agree with this contention.The question sought to be raised was pure question of law and was not dependent on the determination of any question of fact. The first appellate Court ought to have allowed it. Such pure questions of law are allowed for the first time at later stages too.5. The appellant could not ha... | 1 | 8,924 | 3,009 | ### 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:
inclined to think that the rent of Rs. 6 per month might be fixed in regard to these items."The reasons giv... |
GOPAL SINGH (DEAD) THROUGH LRS Vs. SWARAN SINGH | Jain, learned senior counsel for the respondents who are on caveat and also perused the written submissions submitted on behalf of the parties. 9. In this appeal, it is the case of the appellants that against the initial cancellation of sale vide order dated 17.06.1975 the vendees of the original transferee have approa... | 1[ds]12. It is not in dispute that originally land was put to restricted auction to sell the land under the provisions of the Act and the Rules framed thereunder. There are restrictions on the alienation of the land as per the original transfer. At first instance when the order of cancellation was passed, matter was ca... | 1 | 1,983 | 526 | ### 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:
Jain, learned senior counsel for the respondents who are on caveat and also perused the written s... |
Karnani Industrial Bank, Limited Vs. The Province Of Bengal And Others | a manner as to be equivalent to the landlord assenting to the lessee continuing in possession. Both the Cts below, after dealing with the matter elaborately, have concurrently held that in the circumstance of the case the consent of resp. 1 to the applts. continuing in possession cannot be inferred, & we agree with thi... | 0[ds]It was pointed out to us in behalf of the resp. that the entry relating to this payment in the books of the pltf. contains the words :"received without prejudice from Karnani Industrial Bank. . . , ."The same words, however, occur in several earlier entries, & we are not inclined to attach any special significance... | 0 | 3,957 | 1,046 | ### 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:
a manner as to be equivalent to the landlord assenting to the lessee continuing in possession. Both the Cts ... |
M.V. Shankar Bhat & Another Vs. Claude Pinto Since (Deceased) by Lrs. & Others | into subject to ratification by others, a concluded contract is not arrived at. Whenever ratification by some other persons, who are not parties to the agreement is required, such a clause must be held to be a condition precedent for coming into force of a concluded contract. 32. The word ‘subject to? has been defined ... | 0[ds]15. A bare perusal of the Will dated 25.4.1972 leaves no manner of doubt that although thereby the Original Defendant was given liberty to sell the property in question and distribute the amount received thereby in the manner stated therein but the legatees have also been given an option to partition the property.... | 0 | 6,109 | 1,031 | ### 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:
into subject to ratification by others, a concluded contract is not arrived at. Whenever ratification by some oth... |
Valiyavalappil Sarojakshan Vs. Sumalsankar Gaikevada | Kurian Joseph, J.1. In the present appeals, we are called upon to consider the interplay between Section 11(4)(iii) and Section 11(4)(iv) of the Kerala Buildings (Lease and Rent Control) Act, 1965 (in short, "the Act").2. The provisions to the extent relevant read as follows :-"(iii) If the tenant already has in his po... | 1[ds]11. With great respect, we find it difficult to appreciate the view taken by the High Court. The moot question is whether the landlords are entitled to eviction on all the grounds taken by the landlords in the petitions for eviction. It needs to be noted that eviction on the respective grounds under the Act has di... | 1 | 985 | 169 | ### 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:
Kurian Joseph, J.1. In the present appeals, we are called upon to consider the interplay between Section 11(4)(iii) and Sect... |
Central Bureau of Investigation and Another Vs. Rajesh Gandhi & Another | offences was transferred to the first appellant and a fresh case RC.1(S)/95(D) was registered on 3-1-1995 against the first respondent and other accused persons incorporating the offences mentioned in FIR No. 159 of 1993. The first respondent filed a writ petition in the Patna High Court challenging the said notificati... | 1[ds]8. There is no merit in the pleas raised by the first respondent either. The decision to investigate or the decision on the agency which should investigate, does not attract principles of natural justice. The accused cannot have a say in who should investigate the offences he is charged with. We also fail to see a... | 1 | 1,416 | 603 | ### 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:
offences was transferred to the first appellant and a fresh case RC.1(S)/95(D) was registered on 3-1-1995 ag... |
PANKAJ KUMAR Vs. STATE OF JHARKHAND & ORS | participating in public employment to compete in open/general category and asked to seek the benefit of reservation in the neighbouring State of Bihar, to hold different status in his parent State of Jharkhand after he became a member of service of the State of Jharkhand, serving for sufficient long time on and after t... | 1[ds]37. The Constitution Bench of this Court in Marri Chandra Shekhar Rao(supra) had an occasion to examine as to whether the person belonging to Scheduled Castes in relation to a particular State would be entitled to the benefits or concessions allowed to Scheduled Castes in the matter of education/employment in anot... | 1 | 10,587 | 3,484 | ### 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:
participating in public employment to compete in open/general category and asked to seek the benefit of res... |
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