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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United India Insurance Vs. Ajmer Singh Cotton & General Mills | R.P. Sethi, J. 1. Whether the insured is estopped from making any further claim from the insurer after accepting the insurance claim amount in full and final settlement of all the claims by executing the discharge voucher willingly and voluntarily without any protest or objections ?2. Whether inspite of the acceptance ... | 1[ds]7. In the instant cases the discharge vouchers were admittedly executed voluntarily and the complainants had not alleged their execution under fraud, undue influence, mis-representation or the like. In the absence of pleadings and evidence the State Commission was justified in dismissing their complaints. The Nati... | 1 | 1,024 | 213 | ### 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:
R.P. Sethi, J. 1. Whether the insured is estopped from making any further claim from the insurer after accepting ... |
Bhawanipore Banking Corpora-Tion, Ltd Vs. Gouri Shankar Sharma | Fazl Ali, J.1. The only question to be decided in this appeal, which arises out of an execution proceeding is whether the decree under execution is barred by limitation. The first Court held that the decree was not barred, but the High Court has come to the opposite conclusion, and the decree-holder has, after obtainin... | 0[ds]In our opinion, there is no substance in this contention. The important words in cl. 3 of Art.182 are: (1) "where there has been a review" and (2) "the decision passed on the review." These words show that before a case can be brought under Art.182, cl. 3, it must be shown firstly that the Court had undertaken to ... | 0 | 1,135 | 448 | ### 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:
Fazl Ali, J.1. The only question to be decided in this appeal, which arises out of an execution proceeding... |
Nayagarh Co-Operative Central Bank Limited Vs. Shri Narayana Rath & Others | GUPTA, J.1. These three appeals by special leave arise out of three proceedings under Section 68 of the Orissa Co-operative Societies Act 1962 (hereinafter referred to as the act).2. The appellant in all these appeals, Nayagarh Co-operative Central Bank Ltd., is registered as a co-operative society under the Act and ha... | 1[ds]We do not propose to consider the merits of this contention because of(4) of Section 68 which says :(4) If any question arises whether a dispute referred to the Registrar under this section is a dispute touching the constitution, management or the business of a society, the decision thereon of the Registrar shall ... | 1 | 994 | 113 | ### 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:
GUPTA, J.1. These three appeals by special leave arise out of three proceedings under Section 68 of the Ori... |
Justice P.D. Dinakaran Vs. Hon''ble Judges Inquiry Committee & Others | that he will be deemed to have waived the right to raise objection of bias. Some of the observations made in that case are extracted below: ...............The alleged bias in a member of the Tribunal does not render the proceedings invalid if it is shown that the objection against the presence of the member in question... | 0[ds]An analysis of the above reproduced provisions shows that Section 3(1) of the Act provides for admission of motion by the Speaker or, as the case may be, the Chairman provided it is supported by 100 members of the House of the People or 50 members of the Council of States, as the case may be. The Speaker or, as th... | 0 | 24,291 | 3,814 | ### Instruction:
Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding.
### Input:
that he will be deemed to have waived the right to raise objection of bias. Some of the observations made in that ... |
Commissioner Of Income-Tax, Madhya Pradesh Vs. Lady Kanchanbai | Officer assessed the assessee on the basis that the " previous year" in respect of the concerned sources ended on Diwali of 1949. That decision was affirmed by the Appellate Assistant Commissioner but the Income-tax Appellate Tribunal reversed the finding of the Income-tax Officer and the Appellate Assistant Commission... | 0[ds]4. From the above provision, it is clear that in respect of any separate source of income, profits or gains, unless the assessee had made a choice in accordance with 2nd part of Section 2 (11) (i) (a), the twelve months ending on 31st day of March next the preceding year for which the assessment is made is the " p... | 0 | 1,656 | 681 | ### 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:
Officer assessed the assessee on the basis that the " previous year" in respect of the concerned sources ended on Diwali o... |
Lalji Haridas Vs. Income Tax Officer | question of jurisdiction raised by the appellant.8. That takes us to the appeal preferred by Chhotalal. As we have already mentioned Chhotalal is a resident of Bombay and respondent No. 1 is the Fourth Income-tax Officer, Ward G, at Bombay. It is common ground that respondent No. I had at the relevant time jurisdiction... | 0[ds]The question of limitation can and ought to be raised by the appellant before the Income-tax Officer; that is not a point which can be legitimately agitated in writ proceedings. We, therefore, do not propose to deal with this point. If the appellant is so advised he may raise this point before the first respondent... | 0 | 2,731 | 1,129 | ### Instruction:
Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding.
### Input:
question of jurisdiction raised by the appellant.8. That takes us to the appeal preferred by Chhotalal. As we have... |
M.D., M/s. Hindustan Fasteners Pvt. Ltd Vs. Nashik Workers Union | various allowances including travelling allowance, washing allowance and various other allowances as specified therein e.g., uniform, festival advance, etc. 14. Correspondences entered into by and between the parties were in relation to the aforementioned demands. It did not speak of the claim of wages, although when t... | 0[ds]14. Correspondences entered into by and between the parties were in relation to the aforementioned demands. It did not speak of the claim of wages, although when the settlement was arrived at, the industrial dispute was pending.15. Had, thus, the intention of the parties been to settle their disputes also in relat... | 0 | 3,358 | 774 | ### 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:
various allowances including travelling allowance, washing allowance and various other allowances as specified therein e.g.... |
ADANI GAS LIMITED Vs. UNION OF INDIA | may be considered as adequate. Clauses (e) and (f) provide that the entity should have arranged and procured the necessary equipment for erecting the City Gas Distribution network before the appointed date. Clause (g) provides for the entity to satisfy the Board on the adequacy of its ability to meet the applicable tec... | 1[ds]14. It is not disputed that in pursuance to the Government of Rajasthan having, on 19.11.2005, invited bids for laying of Gas Distribution Network, the appellant had applied for the two cities of Udaipur and Jaipur and after acceptance of its application, the appellant was granted NOC by the Government of Rajastha... | 1 | 5,553 | 799 | ### Instruction:
Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation.
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may be considered as adequate. Clauses (e) and (f) provide that the entity should have arranged and procured... |
H. B. Munshi, Commissioner of Sales Tax, Bombay Vs. S Oriental Rubber Industries Private Limited | appointing a number of officers for carrying out the purposes of the Act, the hierarchy of such officers has been indicated, the subordination of such officers, inter se, has been indicated and the Act provides for complete code of remedies available to a person who is aggrieved by any order passed by any officer under... | 1[ds]( 5 ) THE main question, therefore, which arises for our consideration in this appeal is whether the orders passed by the Commissioner on 16th April, 1965, could be revised by the Commissioner of Sales Tax in exercise of his revisional jurisdiction under section 57 (1) (a) of the Act and the question, in our view,... | 1 | 12,626 | 7,103 | ### 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:
appointing a number of officers for carrying out the purposes of the Act, the hierarchy of such o... |
Dr. Kazimunnisa (Dead) By L.R Vs. Zakia Sultana (Dead) By L.R.& Others | petition filed by the appellant against the judgment dated 23.10.2008 passed in LGC No. 50/2004 and affirmed the judgment of Special Court dated 23.10.2008. 22) The effect of the impugned judgment of the High Court is that both LGCs, i.e., 41/1994 and 50/2004 filed by the respondents against the appellant stand decreed... | 1[ds]25) Having heard the learned senior counsel for the parties at length and on perusal of their written submissions and the record of the case, we are inclined to allow the appeals in part and while setting aside of the impugned judgment of the High Court and also of the Special Court in both the cases (L.G.C. Nos.4... | 1 | 2,549 | 896 | ### 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:
petition filed by the appellant against the judgment dated 23.10.2008 passed in LGC No. 50/2004 a... |
Navnit Lal Manilal Bhat Vs. Union of India & Others | Alagiriswami, J.1. This appeal by Certificate against the judgment of the High Court of Gujarat dismissing the plaintiffs writ petition questioning the order of the Divisional Superintendent of Western Railway directing him to retire on his attaining the age of 55 could be disposed of on the basis of the judgment of th... | 1[ds]4. The circular of the Railway Board datedpicked out one section of the Railway employees which were governed by Rule 2046 of the Railway Establishment Code, as amended onand subjected them to hostile treatment. As observed in the decision referred to above, while there might be a reasonable classification of Rail... | 1 | 673 | 263 | ### 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:
Alagiriswami, J.1. This appeal by Certificate against the judgment of the High Court of Gujarat dismissing t... |
Dev Raj Dogra And Ors Vs. Gyan Chand Jain And Ors | Code of Civil Procedure, and the Court did not have to consider the scope and effect of a proceeding under Order XXI Rule 95 and 96 of the Code of Civil Procedure.23. In our opinion, it cannot, therefore, be said that: these two decisions of this Court conclude the question involved in the present appeal before us.24... | 1[ds]We shall now proceed to consider the decision of this Court in the case of M/s, Supreme General Films Exchange Lid. v. His Highness Maharaja Sir Brijnath Singh Deo of Maihar and Ors. (supra) and also the decision of this Court in Jayaram Mudaliar v. Ayya Swami and Ors (supra). In the case of M/s. Supreme General F... | 1 | 7,895 | 1,266 | ### 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:
Code of Civil Procedure, and the Court did not have to consider the scope and effect of a proceeding under Order XXI Rul... |
Municipal Corporation Of Greater Bombay Vs. The B.E.S.T. Workers' Union | Lab LJ 790 (Madh Pra) (supra). We have already referred to the fact that the Labour Court has relied on this decision as supporting its view. The said High Court had to consider the provisions of sub-section (3) of S. 16 of the Central Provinces and Berar Industrial Disputes Settlement Act, 1947, hereinafter referred t... | 1[ds]A reading of Section 78 as a whole leaves the impression in our minds that the legislature wanted the provision to be a comprehensive one. It contains all the powers of the Labour Court in the matter of all disputes mentioned therein and it also gives jurisdiction to punish certain offences under the Act. The sche... | 1 | 8,036 | 1,274 | ### 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:
Lab LJ 790 (Madh Pra) (supra). We have already referred to the fact that the Labour Court has relied on this decision as su... |
Omprakash S/O Jiwandas Miglani Vs. Coal India Limited, A Government of India Undertaking & Another | upto the General Manager, which was in the Personal Department and thus an ancillary work of the mine. During this period he was subject to leave Rules of Coal India Limited as also subject to the Mines Act, 1952. The petitioner was appointed as a Director by Public Enterprises Selection Board with the approval and san... | 1[ds]20. In this case, we are not concerned with Rule 12.4.2. It is Rule 12.4.2 which can be said to bewith Rule 7.2 which was under consideration of the Division Bench. We must clarify that we are not concerned with a case of Termination on Disciplinary grounds, as here the petitioner has resigned from services. His s... | 1 | 4,681 | 881 | ### 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:
upto the General Manager, which was in the Personal Department and thus an ancillary work of the mine. ... |
D.H.B.V.N.L Vidyut Nagar, Hisar Vs. Yashvir Singh Gulia | of the whole or part of any pecuniary loss, caused by negligence or breach of orders of the Board or Central Government or a State Government or to a Company Association or body of individuals, whether incorporated or not, which is wholly or substantially owned or controlled by Government or to a local authority set-up... | 1[ds]We are of the view that the procedure referred to hereinbefore has been followed by the Board. The delinquent officer was given an opportunity to submit his reply to the show-cause-notice which was considered and the Board took a conscious decision to impose only a minor penalty, i.e. barring one increment without... | 1 | 2,363 | 117 | ### Instruction:
Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding.
### Input:
of the whole or part of any pecuniary loss, caused by negligence or breach of orders of the Board or Central Government or... |
Union of India and Another Vs. G.V. Bhakta Priya and Others | 1. Writ Petitions Nos. 553, 562, 563 and 564 of 1969 were filed by several petitioners in Delhi High Court. The Union Public Service Commission invited the applications of suitable persons as per its advertisement dated February 22, 1969 for recruitment to permanent and temporary posts of Hindi Supervisors and Hindi Of... | 1[ds]3. While granting special leave to appeal, the record does not show that stay of the operation of the judgment of the High Court was granted. Therefore, the judgment of the High Court became operative. Neither side is in a position to shed light as to what happened pursuant to the mandamus granted by High Court an... | 1 | 319 | 85 | ### 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:
1. Writ Petitions Nos. 553, 562, 563 and 564 of 1969 were filed by several petitioners in Delhi High Court. The Union Public... |
Commissioner Of Income Tax Vs. Mahendra Mills | 32 allows depreciation as deduction subject to the provisions of Section 34. Section 34 provides that deduction under Section 32 shall be allowed only if prescribed particulars have been furnished. We have seen Rule 5AA of the Rules which though since deleted provided for the particulars required for the purpose of ded... | 0[ds]21. It will be seen that the issues which were before the Court are not the same which we are now considering. In the case of Garden Silk Weaving Factory reliance was again placed on the earlier decision of this Court in Jaipuria China Clay Mines (P) Ltd.s case. The whole stress of argument of Mr. Verma was that n... | 0 | 12,054 | 1,392 | ### Instruction:
Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding.
### Input:
32 allows depreciation as deduction subject to the provisions of Section 34. Section 34 provides that deduction un... |
Suresh Prasad Yadav Vs. Jai Prakash Mishra & Others | the figures were first extracted on the detailed result sheet giving their numbers round wise, candidate-wise and table-wise and thereafter those figures were totalled roundwise and extracted in this Exh. 7."36. From the statement of R. W. 13 extracted above, it would appear that at first a detailed result sheet in whi... | 0[ds]7. Since, on the whole, we agree with the findings and the conclusion of the Court below, we will confine the discussion to the broad features of the case and the legal aspects of the contentions canvassed before us.8. The first contention is that four unauthorised persons were allowed to act as Counting Superviso... | 0 | 4,888 | 1,674 | ### 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 figures were first extracted on the detailed result sheet giving their numbers round wise, candid... |
Mahendra Rambhai Patel Vs. Controller Of Estate Duty, Gujarat | payable when Maubhai died on June 7, 1954. Section 5 of the Act, sub-s. (1), provides :"In the case of every person dying after the commencement of this Act, there shall save as hereinafter expressly provided, be levied and paid upon the principal value ascertained as hereinafter provided of all property, settled or no... | 0[ds]Under the terms of the deed of trust, each beneficiary was entitled to 80 shares of the Central Trading Company. The trustees were to hold 80 shares for each beneficiary till he attained the age of twenty-five years, and the trustees were to apply either the whole or part of the profits arising from the shares, as... | 0 | 2,524 | 831 | ### Instruction:
Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding.
### Input:
payable when Maubhai died on June 7, 1954. Section 5 of the Act, sub-s. (1), provides :"In the case of every perso... |
Jivarajbhai Ujamshi Sheth And Others Vs. Chintamanrao Balaji And Others | goods purchased, and other property, and submitted that the total value of the goodwill of the firm by taking into account the profit of the firm for the last five years "as per the statement filed was Rs. 21,70,650/10/ 3 and deducting therefrom 15% of the outstandings of the firm considered as irrecoverable, the balan... | 0[ds]In the case before us there is no dispute that the duty of the arbitrator was to make "valuation of the firm" subject to paragraph 13 of the partnership agreement and it may even be granted that in arriving at that valuation he was not bound by paragraph 7, but on this question we express no opinion. But the value... | 0 | 6,784 | 509 | ### 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:
goods purchased, and other property, and submitted that the total value of the goodwill of the firm by taking into account ... |
R.S. Mittal Vs. Union of India | sitting Judge of this Court was gathering dust in records of the concerned Ministry since January 25, 1988. We take serious view of the matter and we direct that any recommendation of a Selection Board which is headed by a sitting Judge of this Court must be given prompt and immediate attention. Once there is a recomme... | 0[ds]12. It is no doubt correct that a person on the select-panel has no vested right to be appointed to the post for which he has been selected. He has a right to be considered for appointment. But at the same time, the appointing authority cannot ignore the select-panel or decline to make the appointment on its whims... | 0 | 2,258 | 299 | ### 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:
sitting Judge of this Court was gathering dust in records of the concerned Ministry since January 25, 1988. We take serious... |
National Insurance Company Ltd. Vs. Balakrishnan and Ors | days to the respective operating officers and the counsel to withdraw the contest on this ground which would require identification of the number of appeals pending before the High Courts (whether filed by the claimants or the insurers) on this issue within a period of 2 weeks and the contest on this ground being withd... | 1[ds]scrutiny of the award passed by the tribunal which has been given the stamp of approval by the High Court, it is manifest that the 1st respondent was the Managing Director of the respondent No. 2 and the vehicle was registered in the name of the company but the Managing Director had signed on behalf of the company... | 1 | 6,083 | 1,748 | ### 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:
days to the respective operating officers and the counsel to withdraw the contest on this ground which would ... |
Kirloskar Oil Engines Limited Vs. Union of India and Others | or entirely unsustainable 4. Various submissions were advanced by Shri. Hidayatullah, the learned Senior Counsel appearing for the appellant. He urged that functional test to determine taxability or assessability was rejected by this Court as far back as 1988 in Jain Engineering Co. v. Collector of Customs1, therefore,... | 1[ds]6. Wrapped bushes and thrust washers, however, find a very wide application in engineering industry, particularly automobile industry. In the Foreword to the Indian Standard Booklet, published in 1974 it is mentioned that wrapped bushes save both space and weight and thrust washers with wrapped bushes are intended... | 1 | 2,786 | 521 | ### 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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or entirely unsustainable 4. Various submissions were advanced by Shri. Hidayatullah, the learned Senior Counsel appearin... |
Delhi Development Authority Vs. Munni Lal and Ors | orders quashing the acquisition on the ground of Section 24 are liable to be quashed and are set aside.5. On merits of the case, the submissions raised on behalf of the land owners are two-fold that when the declaration Under Section 6 was issued after eight months inquiry Under Section 5 A ought to have been held. Thu... | 0[ds]7. Coming to the invocation of the urgency provision, in our opinion, when the public purpose of freight complex at Narela under Planned Development of Delhi was involved, obviously, there was urgency and the project was such that it could not have brooked any delay. Thus, invocation of Section 17 was proper. Mere... | 0 | 1,482 | 688 | ### 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:
orders quashing the acquisition on the ground of Section 24 are liable to be quashed and are set aside.5. On merits of th... |
Industrial Supplies Private Limited Vs. Union of India and Ors | the working of mines.29. This brings us to the next question, namely whether the amount of Rs. 4, 50, 000 receivable by the petitioners from the erstwhile Coal Board, was an amount impressed with a trust, being advanced for a specific purpose, i.e., for the purpose of stowing and other safety operations an d conservati... | 1[ds]We are quite sure that was not the intention of the Legislature. There is no reason why the word occupier should not be understood to have been used in its usual sense, according to its plain meaning. In common parlance, an occupier is one who takes or (more usually) holds possession: Shorter oxford Dictionary, 3r... | 1 | 6,604 | 1,757 | ### 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 working of mines.29. This brings us to the next question, namely whether the amount of Rs. 4, 50, 0... |
Zuari Management Services Limited, Through Its Authorized Representative Shri Anandu Vithal Nayak Vs. Commissioner of Income Tax | fresh order after verifying the claim of the assessee company in respect of carry forward of the loss of Rs. 36109708/-. 6. The assessee company challenged the order of CIT by preferring appeal to the ITAT contending that invoking of jurisdiction under section 263 of the Income Tax Act by the CIT was erroneous because ... | 0[ds]We find no merit in both the contentionsAs regards the objection of the order of CIT being ag order, we find that the order though not as elaborate as the Order of the ITAT, does not suffer from lack of reasons. The order clearly makes out that the assessment order is erroneous and has adverse effect on the intere... | 0 | 1,935 | 440 | ### 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:
fresh order after verifying the claim of the assessee company in respect of carry forward of the loss o... |
DALIP KAUR (D) THR LRS AND OTHERS Vs. RAM KISHAN (D) THR LR(S) AND OTHERS | decreed by the High Court. 2. Brief facts leading to this appeal are as under: Harnam Singh was the original owner of the property. He died on 12.11.1934, leaving behind his wife Prem Kaur and three daughters, namely, Basant Kaur, Dalip Kaur and Raj Kaur. After the death of Harnam Singh in the year 1934, Prem Kaur succ... | 0[ds]4. Indisputably, the suit property was gifted by Prem Kaur by executing a registered deed in favour of her three daughters, namely, Basant Kaur (wife of the contesting respondent) and Dalip Kaur and Raj Kaur (defendant nos. 1 and 2) on 19.09.1951 in equal shares. The possession of the property was also delivered t... | 0 | 1,268 | 540 | ### 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:
decreed by the High Court. 2. Brief facts leading to this appeal are as under: Harnam Singh was the ori... |
State of Haryana & Others Vs. Shamsher Jang Bahadur & Others | He was reverted as a clerk on February 3, 1960, on the ground that he failed to qualify the test prescribed under certain administrative instructions issued on June 21, 1958. He filed a civil suit challenging his reversion. The suit was decreed by the trial Court. That decree was affirmed by the appellate Court. The Hi... | 0[ds]7. It may be noted that herein we are dealing only with those who were promoted from the cadre of clerks in the Secretariat. The first question arising for decision is whether the Government was competent to add by means of administrative instructions to the qualifications prescribed under the Rules framed under A... | 0 | 1,346 | 596 | ### 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:
He was reverted as a clerk on February 3, 1960, on the ground that he failed to qualify the test prescribed... |
Yovan Vs. Management Of India Cements Ltd | was raised. Conciliation proceedings took place on various dates. Ultimately on September 22, 1986 a failure report by Joint Commissioner of Labour, Madras, was submitted. On consideration of the report and the other relevant facts a notification was issued by the Government of Tamil Nadu on September 23, 1987 under Se... | 1[ds]6. We need not dwell at length in view of the notification dated December 8, 1977 of the Union of India and the stand taken in the, the relevant portion of which is extracted below"The Government of India had issued Notification No. SO 757(E) dated November 8, 1977 wherein it is stated that under Section 2(a) of t... | 1 | 1,315 | 241 | ### Instruction:
Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text.
### Input:
was raised. Conciliation proceedings took place on various dates. Ultimately on September 22, 1986 a failure report by Jo... |
Commissioner Of Wealth Tax, Bihar Andorissa Vs. Kirpashankar Dayashankar Worah | (1962) Supp 2 SCR 902 = (AIR 1963 SC 433 ) this Court again proceeded on the basis that S. 41 applied to the trustees. 14. In Commissioner of Income-tax, Madras v. Managing Trustees, Nagore Durgha, 57 ITR 321 = (AIR 1966 SC 73 ), this Court was called upon to interpret the scope of S. 41 (1). Therein the question was w... | 1[ds]7. Leaving out the unnecessary words, Section 21 to the extent material for our present purpose can be recast thus :In the case of the assets chargeable to tax under this Act which are held by a trustee appointed under a trust deed by a duly executed instrument in writing whether testamentary or otherwise, the wea... | 1 | 3,395 | 663 | ### 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:
(1962) Supp 2 SCR 902 = (AIR 1963 SC 433 ) this Court again proceeded on the basis that S. 41 applied to the trustees. 14. I... |
State of Rajasthan Vs. Vidhyawati & Another | State of Rajasthan with an area of 16,807 sq. miles developed into one of the biggest units in India, as the Rajasthan union, before the Constitution with an area of 1,28,424 sq. miles. And, finally, on the inauguration of the Constitution emerged the State of Rajasthan as one of the Part B States. It is clear that we ... | 0[ds]5. The more important question raised on this appeal rests upon the true construction and effect of Art. 300(1) of the ConstitutionIt will be noticed that this Article consists of three parts, namely, (1) the first part provides for the form kind the cause-title in a suit and says that a State (omitting any refere... | 0 | 6,385 | 2,290 | ### 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:
State of Rajasthan with an area of 16,807 sq. miles developed into one of the biggest units in India,... |
Gaindo Vs. State of U.P. & Others | 1. Heard learned counsel for the parties.2. The landowners have preferred the instant appeals for enhancement of compensation. A common Notification under Sections 4 and 17 of the Land Acquisition Act, 1894 (hereinafter referred to as `the Act), was issued on 17.2.1989/2.3.1989, for acquisition of land situated in two ... | 1[ds]4. The evidence, that has been placed on record, was the Award passed in the case decided by this Court in U.P. Avas Evam Vikas Parishad v. Jainul Islam, (1998) 2 SCC 467 , in which the Notification had been issued under Section 4 in the year 1983, and the compensation determined by this Court was @ Rs. 73/per sq.... | 1 | 498 | 333 | ### 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:
1. Heard learned counsel for the parties.2. The landowners have preferred the instant appeals for enhancement of compensati... |
Ibrat Faizan Vs. Omaxe Buildhome Private Limited | Articles 226/227 of the Constitution, it will ensure that frivolous claims are filtered out through the process of adjudication in the Tribunal. The High Court will also have the benefit of a reasoned decision on merits which will be of use to it in finally deciding the matter. That thereafter, it is observed and held ... | 0[ds]It is not in dispute that in the present case, the appeal before the National Commission was against the order passed by the State Commission under Section 47(1)(a) of the 2019 Act. Therefore, against the order passed by the State Commission passed in a complaint in exercise of its powers conferred under Section 4... | 0 | 4,906 | 2,053 | ### 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:
Articles 226/227 of the Constitution, it will ensure that frivolous claims are filtered out through the proce... |
Commissioner Of Customs, Bangalore Vs. M/S. N.I. Systems India P.Ltd | applications. It is a Programmable Microprocessor based device which is used to control assembly lines and machinery on the shop floor as well as to control many other types of mechanical, electrical and electronic equipment in a plant. A PLC is designed for real-time use in rugged industrial environments, connected to... | 1[ds]On the other hand, we have what is called as Analog Output Boards which are meant for converting signals from external units such as PXI. Similarly, the Chassis provides connectivity and housing for embedded controller and the data acquisition modules, allowing them to communicate with each other. A network interf... | 1 | 10,078 | 267 | ### 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:
applications. It is a Programmable Microprocessor based device which is used to control assembly lines and m... |
Binod Mills Co. Ltd., Ujjain (M.P.) Vs. Suresh Chandra Mahaveer Prasadmantri, Bombay | The government are interested to see that the investments made by it and other financial institutions do not get frittered away by avoidable litigation and other legal proceedings. The bar contained in Section 5 by way of suspension of suits or other legal proceedings is thus an absolute bar but only for the period con... | 1[ds]9. It is evident from the above discussion that the High Court completely overlooked the purpose of the Act and the limited period of operation of Section 5. It has to be borne in mind that the Act in question was enacted with a specific purpose. The preamble to the Act states that the Act has been enacted "to ena... | 1 | 5,962 | 6,813 | ### 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:
The government are interested to see that the investments made by it and other financial institutions do no... |
Ram Piari & Others Vs. Rallia Ram & Others | R.S. Pathak, J.1. We have heard learned Counsel for the parties at length on this petition for special leave to appeal. The petitioners are aggrieved by the judgment dated August 7, 1980 of a Division Bench of the Delhi High Court affirming the judgment of a learned Single Judge of that Court allowing a writ petition f... | 0[ds]6. The learned Single Judge as well as the Division Bench have found that the statutory authorities omitted to consider material evidence on the point whether publication of the auction had been duly effected in law and whether Sarab Dayal had notice of the auction. The High Court also held that the statutory auth... | 0 | 526 | 129 | ### 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:
R.S. Pathak, J.1. We have heard learned Counsel for the parties at length on this petition for special ... |
Assistant Director of Income Tax-I, New Delhi Vs. M/s E-Funds IT Solution Inc | (to eFunds and 13% (to IT Solutions) for the AY 2004-05. In view of the above, the income attributor, as agreed upon is given below:- A.Y. 2003-04A.Y. 2004-05 Figures in US $ millionFigures in US $ million Apportionable base income25.1230.71 Percentage attributed to India10.48%11.11% Income attributed to India2.633.41 ... | 0[ds]Specific and detailed criteria are set out in the aforesaid provisions in order to fulfill the conditions of these PEs existing in India. The burden of proving the fact that a foreign assessee has a PE in India and must, therefore, suffer tax from the business generated from such PE is initially on the Revenue12. ... | 0 | 15,201 | 1,289 | ### 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:
(to eFunds and 13% (to IT Solutions) for the AY 2004-05. In view of the above, the income attributor, a... |
MUNICIPAL CORPORATION OF GREATER MUMBAI (MCGM) Vs. ABHILASH LAL | constitutionality of directions issued by the Reserve Bank of India, through a circular of 12 th February, 2018 regulating resolution of stressed assets of debtors. This court elaborately dealt with provisions of the Banking Regulation Act, 1949 and the Reserve Bank of India Act, 1934 and held that the power to issue d... | 1[ds]32. A cumulative reading of the stipulations reveals that the contract/agreement contemplates that the lease deed was to be executed after the completion of the project. The contract reveals that (a) the project period was for 60 months starting from the date excluding the monsoon period; (b) by Clauses 5 and 17, ... | 1 | 12,037 | 1,431 | ### 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:
constitutionality of directions issued by the Reserve Bank of India, through a circular of 12 th February,... |
SK. RAJU @ ABDUL HAQUE @ JAGGA Vs. THE STATE OF WEST BENGAL | 5 J.S. Negi, the Superintendent, who was part of the raiding party. PW 5 J.S. Negi cannot be called an independent officer. We are not expressing any opinion on the question whether if the respondents had voluntarily expressed that they wanted to be searched before PW 5 J.S. Negi, the search would have been vitiated or... | 0[ds]On conducting the search, only personal belongings ofwere found by the appellant. On the search of the appellant in the presence of the gazetted officer, a biscuit colour jute bag was recovered from the appellant, and Rs. 2,400/cash in the denomination of 24 notes of Rs. 100/each was found in the left pocket of th... | 0 | 6,110 | 659 | ### Instruction:
Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding.
### Input:
5 J.S. Negi, the Superintendent, who was part of the raiding party. PW 5 J.S. Negi cannot be called an independent... |
Gurunath Alias Bhimaji Vs. Kamalabai, Kom Kenchangaudanadgaudar And Others | power of adoption to an end;(2) that the power to adopt does not depend upon any question of vesting or divesting of property; and(3) that a mothers authority to adopt is not extinguished by the mere fact that her son had attained ceremonial competence.16. The rule enunciated in Amarendras case was subsequently applied... | 0[ds]8. The question of limitations upon the power of the widow to adopt thus stated in the Chundrabullee series of decisions was again affirmed by the Judicial Committee in Thayammal and Kuttiswami Aiyan v. Venkatarama Aiyan ([1887] L.R. 14 I.A. 67) decided in 1887 and in Tarachurn v. Suresh Chunder ([1889] L.R. 16 I.... | 0 | 5,061 | 2,483 | ### 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:
power of adoption to an end;(2) that the power to adopt does not depend upon any question of vesting or divesting of prop... |
Parbati Kuer Vs. Sarangdhar Sinha & Others | with the Bank. It appears that the Bank had been advancing some sums from time to time to Ram Ran Vijaya Sinha, and at his death there was an overdraft which the two brothers said, was not binding on them, because the borrowings were not for legal necessity or for the benefit of the family. This contention of the two b... | 0[ds]As regards Appeal No. 331 of 1955, it is sufficient to say that it was not pressed before us, and must, therefore, becontention that there was a partition between thein 1906 was abandoned in this Court, in view of the concurrent findings of the two Courtsheard these arguments, we are satisfied that the concession ... | 0 | 3,302 | 416 | ### 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:
with the Bank. It appears that the Bank had been advancing some sums from time to time to Ram Ran Vij... |
State Bank Of Bikaner & Jaipur Vs. Shri Hari Har Nath Bhargava | either the first or the second method or some times even a combination of both.9. According to the Labour Court the underlying idea behind the said award was that when one general scale for clerical service had been provided in the award, it was thought just and proper that persons with special qualifications or skill ... | 0[ds]In our view the payment of a special allowance is called for when an employee discharges duties of a supervisory nature or is accorded the status of a person competent to discharge functions of a supervisory character. If no power of attorney is executed as in this case but in fact the employee is asked to render ... | 0 | 2,176 | 475 | ### 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:
either the first or the second method or some times even a combination of both.9. According to the Labour Court the under... |
DIRECTOR OF ELEMENTARY EDUCATION, ODISHA DIRECTOR Vs. SRI PRAMOD KUMAR SAHOO | of Pay?, the following scale of pay shall be substituted namely:-(a) Rs. 975-25—1, 150-E.B.-30-1,660 (For all posts except Trained Matric Teachers)?4. Thereafter, a corrigendum was issued on August 27, 1992 stating the scales of pay for the Untrained Intermediate Teacher and Trained Matric Teacher. The said corrigendum... | 1[ds]10. We have heard learned counsel for the parties and find that the distinction between Trained Matric Teacher and Untrained Matric Teacher has not been appreciated by the Tribunal and the same error was committed by the High Court as well.11. The concession given by the learned State Counsel before the Tribunal w... | 1 | 1,481 | 435 | ### Instruction:
First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document.
### Input:
of Pay?, the following scale of pay shall be substituted namely:-(a) Rs. 975-25—1, 150-E.B.-30-1,660 (For all posts except ... |
Wonder Projects Development Pvt. Ltd. & Anr. Vs. Union of India & Ors | on the report dated 23.09.2019 is not justified since the Committee had indicated that a separate report will be submitted in respect of the instant project. Though the respective learned counsel for the respondents sought to justify the order of NGT on merits by seeking to contend that there is violation of the zoning... | 1[ds]hough the respective learned counsel for the respondents sought to justify the order of NGT on merits by seeking to contend that there is violation of the zoning regulation and the construction being put up by the appellants in the buffer zone cannot be permitted and the learned Senior Counsel for the appellants w... | 1 | 1,902 | 711 | ### 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:
on the report dated 23.09.2019 is not justified since the Committee had indicated that a separate repor... |
Manmohan Lal Gupta (Dead) Thru Lrs Vs. Market Committee Bhikhi & Ors | lots of the properties which had been classified and bifurcated by keeping in view the location of the property from the main road. Though the formula adopted to determine market value was justified, the reliance on the said documents at Exhibits A-1 and A- 2 cannot be sustained since the sale deeds being dated 31.05.1... | 0[ds]8. In the light of the rival contentions, we have perused the appeal papers. The nature of consideration made by the Reference Court would indicate that the Reference Court has taken into consideration the documents at Exhibits A-1 and A-2 as the exemplar sale deeds. The sale consideration under the said documents... | 0 | 2,558 | 1,226 | ### 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:
lots of the properties which had been classified and bifurcated by keeping in view the location of the property from the mai... |
NATIONAL INSURANCE SPECIAL VOLUNTARY RETIRED/RETIRED EMPLOYEES ASSOCIATION Vs. UNITED INDIA INSURANCE CO. LTD.; ORIENTAL INSURANCE COMPANY LIMITED; NEW INDIA INSURANCE COMPANY LIMITED; NATIONAL INSURANCE CO. LTD | of litigation" (Per Lord Atkinson in Somasundaram Chetty v. Subramanian Chetty, AIR 1926 PC 136 ). We are bound to accept the statement of the Judges recorded in their judgment, as to what transpired in court. We cannot allow the statement of the judges to be contradicted by statements at the Bar or by affidavit and ot... | 0[ds]It has to be appreciated that theScheme is statutory in character, being a Scheme under Sectionof the General Insurance Business (Nationalisation) Act, 1972. It would not be appropriate to add or subtract terms from the Scheme, which has a statutory flavour. There could not have been any concession contrary to the... | 0 | 3,634 | 868 | ### Instruction:
Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text.
### Input:
of litigation" (Per Lord Atkinson in Somasundaram Chetty v. Subramanian Chetty, AIR 1926 PC 136 ). We are bound to accept... |
FOOD CORPORATION OF INDIA Vs. GEN.SECY., FCI INDIA EMPLPYEES UNION | therefore entitled to claim the regularization of their services in the set up of the FCI.8. Since the aforementioned dispute could not be resolved amicably between the Appellant and the workers Union, the Government of India by order dated 06.04.1992 referred the said dispute to the Industrial Tribunal, Madras for its... | 0[ds]We have perused the awards of the Industrial Tribunal, order of the Single Judge and the impugned order. Mere perusal of them would go to show that the Industrial Tribunal examined the question in right perspective on facts and the evidence adduced by the Union so also the Single Judge and lastly, the DivisionIt i... | 0 | 1,536 | 1,225 | ### 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:
therefore entitled to claim the regularization of their services in the set up of the FCI.8. Since the aforementioned dispu... |
Dattajirao bahirojirao Ghorpade Vs. Vijayasinhrao & Another | ceased to have any effect by reason of the act of a private party will be to go against the very nature of a Saranjam tenure.12. Let us now examine the claim of the plaintiff-respondent from the point of view of the custom pleaded in paragraph 6(b) of the plaint. The custom pleaded was the rule of final primogeniture. ... | 1[ds]We do not think that this finding of the High Court has been or can be successfully assailed before us. Therefore, we have proceeded in this appeal on the basis that the plaintiff respondent was validly adopted by Abayabai on July 10, 1941.We are satisfied that these arguments are correct and should be accepted. T... | 1 | 5,058 | 1,278 | ### 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:
ceased to have any effect by reason of the act of a private party will be to go against the very nature of ... |
Mafatlal Naraindas Barot Vs. Divisional Controller, State Transport Corporation And | directed to report for duty at Ambaji within 48 hours of the receipt of notice failing which, he was warned, he would be removed from service. On March 3, 1962, the appellant wrote a letter to the Divisional Controller intimating him of his liability to join duty as he was still not well; to this letter, he enclosed a ... | 1[ds]11. Regulations 38 and 40 provide that irregular attendance, absence without leave and without reasonable cause and failure, without sufficient cause, to report, when directed, for duty amount to acts of misconduct. Clause 4 (b) is specific and clear. Under that clause, it is obligatory on the part of the responde... | 1 | 1,350 | 694 | ### 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:
directed to report for duty at Ambaji within 48 hours of the receipt of notice failing which, he was warned, he would be ... |
A. K. Singhania Vs. Gujarat State Fertilizer Company Ltd. and Anr | means any body corporate and includes a firm or other association of individuals; and (b) director, in relation to a firm, means a partner in the firm. From a plain reading of the aforesaid provision it is evident that every person who at the time the offence was committed is in charge of and responsible to the Company... | 0[ds]From a plain reading of the aforesaid provision it is evident that every person who at the time the offence was committed is in charge of and responsible to the Company shall be deemed to be guilty of the offence under Section 138 of the Act. In the face of it, will it be necessary to specifically state in the com... | 0 | 3,668 | 738 | ### 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:
means any body corporate and includes a firm or other association of individuals; and (b) director, in ... |
Chairman of the Municipal Commissioners of Howrah Vs. Shalimar Wood Products & Another | and powers made, issued or conferred under the portions of this Act which have been so extended and in force at the date of such extension, shall apply to the said municipality or part, in supersession, of all corresponding rules, by-laws, orders, directions and powers made, issued or conferred under the said Bengal Mu... | 1[ds]As a result of this extension S. 386 was extended to the Municipality of Howrah with this modification that in place of the word Corporation of Calcutta" the word "Commissioners" was substituted. In 1951 the Calcutta Municipal Act 1951 being West Bengal Act 33 of 1951 was enacted thus replacing Act 3 of 1923 which... | 1 | 2,329 | 635 | ### Instruction:
Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text.
### Input:
and powers made, issued or conferred under the portions of this Act which have been so extended and in force at the date ... |
M/S Kulja Industries Ltd Vs. Chief Gen.Manager W.T.Proj.Bsnl | and recipients who are non-responsible, lack business integrity or engage in dishonest or illegal conduct or are otherwise unable to perform satisfactorily. These guidelines prescribe the following among other grounds for debarment: a) Conviction of or civil judgment for -- (1) Commission of fraud or a criminal offense... | 1[ds]In the case at hand according to the respondent-BSNL, the appellant had fraudulently withdrawn a huge amount of money which was not due to it in collusion and conspiracy with the officials of the respondent-corporation. Even so permanent debarment from future contracts for all times to come may sound too harsh and... | 1 | 5,016 | 398 | ### 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:
and recipients who are non-responsible, lack business integrity or engage in dishonest or illegal condu... |
AUTHORISED OFFICER, STATE BANK OF INDIA Vs. M/S ALLWYN ALLOYS PVT. LT | pleadings and for full and complete adjudication of the matters in issue, it is apposite to give liberty to the writ petitioners to contest the matter before a proper forum where all the issues could be agitated. For, indisputably, respondent No.5 (writ petitioner No.1) is in physical possession of the stated flat. The... | 0[ds]6. After having considered the rival submissions of the parities, we have no hesitation in acceding to the argument urged on behalf of the Bank that the mandate of Section 13 and, in particular, Section 34 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (... | 0 | 1,688 | 485 | ### 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:
pleadings and for full and complete adjudication of the matters in issue, it is apposite to give liberty to ... |
Sakharam Bapusaheb Narayan Sanas And Another Vs. Manikchand Motichand Shah And Another | right of the original grantee was a right but it was not a right accrued within the meaning of the repealed statute. It was held not to have accrued because the option given to the original grantee to make additional purchases had not been exercised before the repeal. In other words, the right which was sought to be ex... | 0[ds]In our opinion there is no substance in this contention. The observations, quoted above made by the Lord Chancellor, with all respect, are entirely correct, but have been made in the context of the statute under which the controversy had arisenIt is, thusr that the context in which the observations relied upon by ... | 0 | 3,488 | 755 | ### 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:
right of the original grantee was a right but it was not a right accrued within the meaning of the repealed ... |
Commnr. Of Customs, New Delhi Vs. M/S. Phoenix International Ltd. | four components did constitute synthetic shoe in SKD condition and in order to circumvent 156(A) the entire device was arranged by the importer to evade duty. Further, we find that in the reply to the show cause notices there were no details supplied by the importer regarding the number of units under M/s. PIL. The sta... | 1[ds]10. We find merit in the present civil appeals filed by the Department. For the sake of convenience we reproduce para 22 and 156(A) of the EXIM Policy 1992-97 which read asVImportsFreeImportability22. Capital goods, raw materials, intermediates, components, consumables, spares, parts, accessories, instruments and ... | 1 | 6,387 | 1,745 | ### 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:
four components did constitute synthetic shoe in SKD condition and in order to circumvent 156(A) ... |
General Fibre Dealers Limited Vs. Commissioner of Income Tax (Central), Calcutta | assessee had received payment upto full invoice price from the buyers who never made any claim on account of the reduction in the export duty. The sum of Rs.5,72,081/- was treated as revenue receipt and included in the income of the assessee. The Appellate Assistant Commissioner confirmed the disallowance. The Tribunal... | 0[ds]In our opinion the High Court was bound by the finding of fact given by the Tribunal and since no question had been referred involving a challenge to those findings it was hardly open to the High Court to express any views of its own on the points of fact. As stated before, the Tribunal had found, on a considerati... | 0 | 1,542 | 351 | ### 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:
assessee had received payment upto full invoice price from the buyers who never made any claim on account of ... |
Suleman Noormohamed Etc Vs. Umarbhai Janubhai | those materials, there is abundant intrinsic material in the compromise itself to indicate that the decree passed upon its basis was not in violation of the Act but was, in accordance with it.7. In Vora Abbasbhai Alimahmomed v. Haji Gulamnabi Haji Safibhai ([1964] 5 S.C.R. 157.) Shah J, as he then was, delivering the j... | 1[ds]In the instant case the High Court was not right that on the face of the compromise pursis or the order passed thereon, there was n o material to show that the tenant had either expressly or impliedly suffered a decree for eviction as being liable to be evicted in accordance with section 12 (3) (b) of the Act. Whi... | 1 | 2,330 | 2,238 | ### 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:
those materials, there is abundant intrinsic material in the compromise itself to indicate that the decree passed upon its b... |
State of Maharashtra & Others Vs. Lok Shikshan Sansatha & Others | mentioned in Rule 2.1 of the Code. So the said writ petitioner did not comply with Rule 2.1 read along with the press note and the circular letter, referred to above. That clearly shows that the application filed by the writ petitioner was not in the first instance in the prescribed form and that when it was sent in th... | 1[ds]23. Coming to Art. 14, it is accepted by the High Court that the writ petitioners did not make in their petitions any attack on clauses (1) and (2) of Rule 3 based upon the said Article. It was only during the course of arguments that Art. 14 appears to have been invoked. The High Court struck down the two sub-cla... | 1 | 8,680 | 1,306 | ### 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:
mentioned in Rule 2.1 of the Code. So the said writ petitioner did not comply with Rule 2.1 read along with t... |
Commissioner Of Income-Tax, Madras Vs. Indian Bank Lid | trade by itself."15. Mr. Sastri urges that the authority of the above decision has been shaken in Mitchell and Edon v. Ross (1961) 40 Tax Cas 11, but we are unable to accept this contention. The point urged in this case was that the authority of Fry v. Salisbury House Estate, 1930 AC 482, had been qualified by the deci... | 0[ds]20. The decision of this Court in Indore Malwa United Mills v. Commr. of Income-tax, (Central) Bombay, 1962-45. ITR 210 (SC), is distinguishable. It appears to us that it was because S. 14 (2) (c) and S. 4 (1) (a) and (c) existe at the relevant time that the words profits and gains in S. 24 were limited to such pr... | 0 | 2,928 | 460 | ### 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:
trade by itself."15. Mr. Sastri urges that the authority of the above decision has been shaken in Mit... |
Deoki Nandan Vs. Murlidhar | idol of Sri Radhakrishanji were made with great solemnity and in accordance with the Sastras. P.W.10, who officiated as Acharya at the function has deposed that it lasted for seven days, and that all the ceremonies commencing with Kalasa Puja and ending withSthapanaorPrathistawere duly performed and the idols of Sri Ra... | 1[ds]In the present case, it was admitted that there was a formal dedication; and the controversy is only as to the scope of the dedication, and that is also a mixed question of law and fact, the decision of which must depend on the application of legal concepts of a public and a private endowment to the facts found, a... | 1 | 5,363 | 1,507 | ### 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:
idol of Sri Radhakrishanji were made with great solemnity and in accordance with the Sastras. P.W.10, who o... |
Sun Pharmaceutical Industries Limited Vs. The Union of India & Others | of action arose in Delhi since the notification under challenge was issued by the DGFT in Delhi and all representations were made to and considered by the authorities in Delhi. Therefore, the judgment in Agri Trade India Services Pvt.Ltd. (supra), cannot come to the assistance of the petitioners herein."28. We fully co... | 0[ds]28. We fully concur with the above view.In the view of the above, even if the respondent no.3 is physically located at Mumbai, however, since it is dealing with the case arising in the State of Tamil Nadu, it could be deemed to be located in that State amenable to the writ jurisdiction of the Madras High Court.31.... | 0 | 4,229 | 338 | ### 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:
of action arose in Delhi since the notification under challenge was issued by the DGFT in Delhi and all repre... |
Sahib Singh Vs. State Of Haryana | is based on the Maxim "habemus optimum testem canfitentem renum" which means that confession of an accused is the best evidence against him. The rationale behind this rule is that an ordinary, normal and sane person would not make a statement which would incriminate him unless urged by the promptings of truth and consc... | 1[ds]41. In view of these decisions, it is now certain that a "Confession" must either be an express acknowledgement of guilt of the offence charged, certain and complete in itself, or it must admit substantially all the facts which constitute the offence.According to these requirements, confession has to be made befor... | 1 | 6,826 | 688 | ### 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:
is based on the Maxim "habemus optimum testem canfitentem renum" which means that confession of an accu... |
COMMISSIONER OF CUSTOMS, BANGALORE I Vs. M/S MOTOROLA INDIA LTD | Tribunal) may go beyond the inter se dispute between the parties and effect upon a large number of assessees. The issue, in such an event, surely will be one of general/public importance. Alternatively, the question raised or arising may require interpretation of the provisions of the Constitution. Such interpreta- tio... | 1[ds]9. Upon a conjoint reading of the aforesaid provisions, it could thus be seen that an appeal shall lie to the High Court against every order passed in appeal by the Appellate Tribunal, if the High Court is satisfied that the case involves a substantial question of law. The only exception carved out is that an appe... | 1 | 4,146 | 763 | ### 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:
Tribunal) may go beyond the inter se dispute between the parties and effect upon a large number of asse... |
M/s. Jacsons Thevara Vs. Collector of Customs & Central Excise | or employee of the importer or exporter. Here the relevant date was December 7, 1979, the date on which the duty was paid and the enhanced period of five years prescribed under the proviso to sub-section (1) of Section 28 was invoked by the customs authorities to issue the show cause notice dated June 4, 1982, to the a... | 0[ds]The submission of Shri Avadh Bihari is that from the aforesaid documents, it is clear that the appellant has not committed any breach of any condition of the import licence dated February 14, 1979, and that the import authorities have also not found that the appellant has contravened the conditions on the basis of... | 0 | 4,826 | 1,494 | ### 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:
or employee of the importer or exporter. Here the relevant date was December 7, 1979, the date on which the d... |
The Sales Tax Officer Vs. Hanuman Prasad | was also the further addition that subject thereto, anything done or any action taken (including any appointment, notification, notice, order rule, form. Regulation certificate or licence in the exercise of any power conferred by or under the said Act shall, in so far as it is Act inconsistent with the provisions of th... | 0[ds]3. The facts given by us above clearly show that the original assessment of the respondent was in respect of a period when the new Act had not come into force. The respondent had filed the return, and even the notice in that connection was issued by the Sales-tax Officer prior to the enforcement of the new Act. Th... | 0 | 2,239 | 1,074 | ### 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:
was also the further addition that subject thereto, anything done or any action taken (including any appointment, notificati... |
RAMKALI THAKUR AND OTHERS Vs. PANCHARAM AND OTHERS | 1. Leave granted. 2. We have heard learned counsel for the parties. 3. This appeal has been filed by the claimants questioning the judgment and order dated 10.04.2013 passed by the High Court in M.A. No. 4498 of 2009. 4. The appellants are the legal heirs of Illa Raj Singh Thakur (the deceased). He met with an accident... | 1[ds]11. We have considered the submissions made by learned counsel for the parties and perused the record.12. Coming to the first submission made by learned counsel for the appellants that death was a result of the accident, the Tribunal, for coming to the conclusion that death cannot be related to the accident, has n... | 1 | 1,099 | 421 | ### 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:
1. Leave granted. 2. We have heard learned counsel for the parties. 3. This appeal has been filed by the claimants questioni... |
Securities & Exchange Bd.Of India Vs. Burren Energy India Ltd | applicable:Provided further that where the acquirer, other than the acquirer who has made an offer under regulation 21A, after assuming full acceptances, has deposited in the escrow account hundred per cent of the consideration payable in cash where the consideration payable is in cash and in the form of securities whe... | 1[ds]11. In the present case, while Burren was the acquirer, UBL was the person acting in concert. This is evident from the letter of offer (public announcement) dated 15th February, 2005. The embargo under Section 22(7) is both on the acquirer and a person acting in concert. The expression person acting in concert inc... | 1 | 1,905 | 377 | ### 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:
applicable:Provided further that where the acquirer, other than the acquirer who has made an offer under r... |
Himmatbhai Son Of Chaganlal Vs. Rikhilal And Ors | 1, Rule 9 From the order of the District Judge we find that the execution was taken by the decree-holder separately against the various judgment debtors. In spite of. the fact that all through the proceedings it understood that, the, application made under Order 2 1, Rule 90, by Babulal on his behalf alone, the learned... | 1[ds]We find that there is no merit in any of the contentions raised by the learned counsel for the appellant. The amount deposited by the auction-purchaser has been lying in court. We find that under Order 21, Rule 93, the court is entitled to direct repayment of the purchase-money a nd interest. | 1 | 1,688 | 61 | ### Instruction:
Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case.
### Input:
1, Rule 9 From the order of the District Judge we find that the execution was taken by the decree-holder sep... |
THE MANAGEMENT OF REGIONAL CHIEF ENGINEER P.H.E.D. RANCHI Vs. THEIR WORKMEN REP. BY DISTRICT SECRETARY | State made a reference under Section 10 of the I.D. Act to the Labour Court, Ranchi at the instance of the respondentUnion to decide the following dispute: Whether the dismissal and non absorption of 37 acting daily wages Hastrashid employees as mentioned in schedule K in work charged establishment by Public Health Eng... | 1[ds]11. In our considered opinion, the Courts below completely failed to see that the back wages could not be awarded by the Court as of right to the workman consequent upon setting aside of his dismissal/termination order. In other words, a workman has no right to claim back wages from his employer as of right only b... | 1 | 1,408 | 554 | ### 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:
State made a reference under Section 10 of the I.D. Act to the Labour Court, Ranchi at the instance of the re... |
Kunwar Bahadur and Others Vs. State of Uttar Pradesh | FAZAL ALI, J. 1. This appeal by special leave is directed against the judgment of the Allahabad High Court dated October 5, 1971, upholding the conviction of the appellants under Section 302/149, IPC but commuting the sentence of death to one of life imprisonment. The appellants were also convicted under Section 307/14... | 0[ds]After perusing the record we find that the prosecution case against the appellants has been fully proved as held by the High Court and there does not appear to be any error of law or misreading of any evidence so as to warrant our interference in special leave. Mr. Mulla, however, specially stressed the cases of t... | 0 | 669 | 551 | ### Instruction:
Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document.
### Input:
FAZAL ALI, J. 1. This appeal by special leave is directed against the judgment of the Allahabad H... |
N.D.M.C Vs. Sohan Lal Sachdev (Dead)Thru.Lr | decreed the suit. The High Court took the view that user of the suit premises for running the `guest house without any kitchen facility is user for residential purpose and, therefore, the NDMC is not entitled to charge electricity and water charges on the basis of commercial use. Being aggrieved by the decision of the ... | 1[ds]In essence the question is, what is the character of the purpose of user of the premises by the owner or landlord and not the character of the place of user. For example, running a boarding-house is a business, but persons in a boarding-house may use water for `domestic purpose. As noted earlier the classification... | 1 | 1,788 | 261 | ### 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:
decreed the suit. The High Court took the view that user of the suit premises for running the `guest house without any kit... |
State Of Bihar And Another Vs. Kundan Singh And Another | the house under the third clause of s. 23 is excessive or unreasonable, and provides that the appropriate Government may decide to acquire the whole of the land of which the land first sought to be acquired forms a part rather than agree to pay an unreasonable or excessive amount of compensation as claimed by the owner... | 1[ds]Thus, it would be seen that the scheme of s. 49 is that the owner has to express his desire that the whole of his house should be acquired before the award is made, and once such a desire is expressed, the procedure prescribed by s. 49 has to be followed. This procedure is distinct and separate from the procedure ... | 1 | 4,800 | 747 | ### 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 house under the third clause of s. 23 is excessive or unreasonable, and provides that the appropriate Government may d... |
Commissioner of Sales Tax, U.P Vs. Agra Be.L.T.Ing Works, Agra | RANGANATH MISRA, J. 1. Special leave granted. 2. Delay of six days is condoned. 3. The short question for consideration in this appeal at the instance of the Revenue is whether the High court was justified in holding that in the absence of a notification withdrawing the earlier Notification dated 25-11-1958 made in exe... | 1[ds]6. As has been pointed out above, Section 3 is the charging provision; Section 3 A authorises variation of the rate of tax and Section 4 provides for exemption from tax. All the three sections are parts of the taxing scheme incorporated in the Act and the power both under Section 3A as also under Section 4 is exer... | 1 | 641 | 296 | ### 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:
RANGANATH MISRA, J. 1. Special leave granted. 2. Delay of six days is condoned. 3. The short question... |
Mannan Lal Vs. Mst. Chhotaka Bibi | date when the memorandum of appeal was filed alike for the purpose of Limitation Act and the Court Fees Act and the appeal must be treated as one pending on the 9th November 1962 and as such unaffected by section 3 of the U. P. Act of 1962. 18. In Wajid Ali v. Isar Bano, AIR 1951 All 64 (FB), Section 149 was interprete... | 1[ds]21. The words used in that Judgment are no doubt of wide import. But however that may be in the case before us there can be no difficulty in holding that an appeal was presented in terms of Order 41 Rule 1 of the Code inasmuch as an that this provision of law requires for an appeal to be preferred is the presentat... | 1 | 5,826 | 716 | ### 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:
date when the memorandum of appeal was filed alike for the purpose of Limitation Act and the Court Fees Act and t... |
Pradeep Anand Vs. I.T.C. Ltd. | of Court to pass interim orders—(1) Notwithstanding anything contained in Section 17 at any time after the filing of the award, whether notice of the filing has been served or not, upon being satisfied by affidavit or otherwise that a party has taken or is about to take steps to defeat, delay or obstruct the execution ... | 1[ds]10. From the discussions made in the foregoing paragraphs, it is manifest that the disputes raised in the proceeding arises from and relates to thet dated 11.9.1990entered into between the parties. In the said agreement it was agreed by the parties under Article 12 that ‘any unresolvedarising in connection with th... | 1 | 6,266 | 1,247 | ### Instruction:
Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding.
### Input:
of Court to pass interim orders—(1) Notwithstanding anything contained in Section 17 at any time afte... |
Raghunandan Singh and Others Vs. Brij Mohan Singh and Others | FAZAL ALI, J.1. This appeal by certificate is directed against a judgment of the Allahabad High Court, which dismissed the writ petition filed by the appellants in limine. We have heard learned counsel for the parties at great length. The only point for determination in the present appeal is whether the case of the par... | 1[ds]The facts of the case before us are similar to the facts of the present case and the decision of the court is therefore directly in poi nt.A perusal of para 1 of the Theka executed on the 10th of July 1933 in favour of the Thekedars clearly shows that the lease-holders were to remain in possession of the entire ag... | 1 | 1,081 | 238 | ### 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:
FAZAL ALI, J.1. This appeal by certificate is directed against a judgment of the Allahabad High Court... |
Nagarplaika Thakurdwara Vs. Khalil Ahmed | were very much within the municipal limits of the Nagar Palika and the said fact was also known to the respondents as respondent no.1 had also contested an election for being a President of the appellant Nagar Palika. Moreover, it was also the case of the appellant that the suit was not maintainable in view of the prov... | 1[ds]14. The purpose behind enactment of Section 102 of the CPC is to reduce the quantum of litigation so that courts may not have to waste time where the stakes are very meagre and not of much consequence. In the instant case, though apparently the amount which was sought to be recovered was Rs.11,006.07, looking at t... | 1 | 1,501 | 329 | ### 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:
were very much within the municipal limits of the Nagar Palika and the said fact was also known t... |
Pandit Shree Krishna Selot Vs. Ramcharan Pujari | election was materially affected so far as it concerned the appellant. On issue No. 8(e) the appellant examined Nanhe (P.W. 33), Puttobai (P.W. 34), Mst. Parvatibai (P.W. 37) and Nanda (P.W. 38) who all stated that Laxman Namdeo had induced them to vote for the Jan Sangh candidate inside the polling booth. The High Cou... | 0[ds]As regards Issue No. 12, two witnesses Ram Singh (P.W. 41) and Dhokal (P.W. 42) were examined on behalf of the appellants. Ramsingh deposed that in the last election he worked as a poling agent of the appellant at Kharmau polling station. The respondent had given him Rs. 35/- two or three days before the date of t... | 0 | 3,755 | 1,856 | ### 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:
election was materially affected so far as it concerned the appellant. On issue No. 8(e) the appellant examined Nanhe (P.... |
I.M. Thapar & Others Vs. Commissioner of Expenditure-Tax, Calcutta | Hegde, J. 1. This is an appeal by special leave from the order of the High Court of Calcutta dismissing the assessees application under S. 25 (3) of the Expenditure Tax Act. 2. The material facts are as follows. The assessee claimed that he had expended a sum of Rs. 1,51,000 - in the account year relevant to the assess... | 0[ds]The High Court partly allowed the application of the assessee under S. 66 (2) of the Indianx Act and called upon the Tribunal to submit the question whether there was any material before the Tribunal to come to the conclusion that the assessee had any income from undisclosed sources. But when it came to the assess... | 0 | 412 | 156 | ### Instruction:
Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding.
### Input:
Hegde, J. 1. This is an appeal by special leave from the order of the High Court of Calcutta dismissing the assess... |
Mr. Sunil s/o Ratnakar Gutte Vs. Union Bank of India | moved an application before the Debt Recovery Tribunal, New Delhi bearing Original Application No.491/2019 against the petitioner and others for recovery of loan amount which is due against the Company and said application is pending for the hearing. It is further submitted by the respondent-Bank that till the out come... | 1[ds]8. Admittedly, the petitioner has approached to the Bank and obtained the loan of Rs.21,00,000/-(Rs. Twenty one lacs) to purchase the flat. The bank has sanctioned the loan vide its sanction letter on condition that loan is repayable in 300 monthly installments. It is also an admitted position that the petitioner ... | 1 | 3,474 | 2,000 | ### 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:
moved an application before the Debt Recovery Tribunal, New Delhi bearing Original Application No.491/2019 ... |
Rupchand Chindu Kathewar Vs. State Of Maharashtra | gone through the medical evidence as a whole with very great care with the help of learned counsel for the parties. 4. We are of the opinion that entire matter would hinge almost exclusively upon the statement of PW.2 Murlidhar Bisen and if his statement could be taken to be uninspiring the entire prosecution case woul... | 1[ds]We are of the opinion that entire matter would hinge almost exclusively upon the statement of PW.2 Murlidhar Bisen and if his statement could be taken to be uninspiring the entire prosecution case would become extremely weak which would necessitate some kind of corroboration from other material evidence as in the ... | 1 | 1,712 | 781 | ### 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:
gone through the medical evidence as a whole with very great care with the help of learned counsel for the p... |
Tansukh Rai Jain Vs. Nilratan Prasad Shaw And Others | action under Central S. 64-A. The aggrieved person cannot have recourse to action under Bihar S. 64-A without first taking action under Central S. 64-A. To the extent that the language of Bihar S. 64-A can cover the cases open to appeal and to revision under S. 64 and Central S. 64-A respectively, it will be in direct ... | 1[ds]The power of revision therefore will arise and will be exercised after the appellate power is exhausted and not when the aggrieved person has not appealed against the order. Similarly, it will be available only against non-appealable orders after the aggrieved person has taken action under Central S. 64-A. The agg... | 1 | 2,388 | 376 | ### Instruction:
Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding.
### Input:
action under Central S. 64-A. The aggrieved person cannot have recourse to action under Bihar S. 64-A without firs... |
Raj Kishore Prasad Narain Singh Vs. Ram Partap Pandey & Ors | referred, in the earlier part of this judgment, to the principles laid down by those decisions to the effect that whether the whole of the property mortgaged is an estate, there can be no. doubt that the procedure prescribed by Chapter IV has to be followed in order that the amount due to a creditor is determined by th... | 1[ds]28. The findings recorded on facts, by the learned Judge, are also challenged on behalf of the appellant; and those findings no. doubt are sought to be supported on behalf of the respondents. But, in the view that we take, that the appellants request for withdrawal of the claim petition should have been allowed, w... | 1 | 6,467 | 1,474 | ### 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:
referred, in the earlier part of this judgment, to the principles laid down by those decisions to the effec... |
Controller of Estate Duty Madras Vs. Alladi Kuppuswamy | and some female members. According to the Privy Council, the females were merely entitled to maintenance. The females there could not have any interest in the coparcenary nor could any such argument be advanced because there was no statute similar to the Act of 1937. Moreover, in the Estate Duty Ordinance which was bei... | 1[ds]In our opinion the answer to the problem would naturally lie in a correct interpretation of ss- 7(1) &(2) of the Act as also on a true construction of s. 3(2) of the Hindu Womens Rights to Property Act, 1937 as amended by Act 11 of 1938. It is true that while this Court has had occasions to interpret the provision... | 1 | 6,263 | 3,263 | ### 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:
and some female members. According to the Privy Council, the females were merely entitled to maintena... |
State Of U.P Vs. Hari Ram | the vacant land in excess of the prescribed ceiling limit, which reads as under: The Uttar Pradesh Urban Land Ceiling (Taking of Possession payment of amount and Allied Matters) Directions, 1983 (Directions issued by the State Government under Section 35 of the Act, 1976): “In exercise of the powers under Section 35 of... | 0[ds]Vacant land, it may be noted, is not actually acquired but deemedto have beenacquired, in that deeming things to be what they are not. Acquisition, therefore, does not take possession unless there is an indication to the contrary. It is trite law that in construing a deeming provision, it is necessary to bear in m... | 0 | 7,612 | 757 | ### Instruction:
Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding.
### Input:
the vacant land in excess of the prescribed ceiling limit, which reads as under: The Uttar Pradesh Urban Land Cei... |
M/S. Gammon India Ltd Vs. Commnr. Of Customs, Mumbai | funds of Gammon. 21. Thus, the inevitable conclusion is that import of “Concrete batching plant 56 cum/hr” by Gammon cannot be considered as an import by M/s Gammon-Atlanta JV, “a person” who had been awarded contract for construction of the roads in India and therefore, neither Gammon Atlanta JV nor Gammon fulfill the... | 0[ds]Gammon was not entitled to avail of the benefit of the Exemption Notification as an independent entity. On the contrary, the Commissioner (Appeals) allowed the benefit of the Exemption Notification to the appellant on the ground that the Exemption Notification should be given a liberal interpretation and that the ... | 0 | 5,381 | 685 | ### 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:
funds of Gammon. 21. Thus, the inevitable conclusion is that import of “Concrete batching plant 56 cum/hr” b... |
SUSHIL KUMAR AGARWAL Vs. MEENAKSHI SADHU | non-performance of the contract is not an adequate relief. The intent of the section is to make a distinction between cases where a breach of an agreement can be remedied by means of compensation in terms of money and those cases where no other remedy other than specific performance will afford adequate relief. Therefo... | 0[ds]12. The consistent position of the common law is that courts do not normally order specific performance of a contract to build or repair. But this rule is subject to important exceptions, and a decree for specific performance of a contract to build will be made only upon meeting the requisite requirements under la... | 0 | 8,307 | 3,859 | ### 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:
non-performance of the contract is not an adequate relief. The intent of the section is to make a distinction bet... |
Indian Oxygen, Limited Vs. Its Workmen | Das Gupta, J.1. This appeal by special leave is from an award of the industrial tribunal, Bihar, in a dispute between the appellant, the management of Indian Oxygen, Ltd., Jamshedpur, and its workmen. The dispute as referred was :"(1) What should be the medical leave for the workmen with full pay and with half pay in a... | 1[ds]3. In support of the appeal as regards annual leave it is urged on behalf of the appellant that the result of the award will be that the workmen of this company will be enjoying many more paid absences from work than other similar industrial establishments in the region.On an examination of chart B which is the co... | 1 | 1,060 | 553 | ### 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:
Das Gupta, J.1. This appeal by special leave is from an award of the industrial tribunal, Bihar, in a disput... |
U.P. Pollution Control Board Vs. Dr. Bhupendra Kumar Modi & Another | in this complaint are responsible for constructing the proper works and plant for the treatment of their highly polluting trade effluent so as to conform to the standard laid down by the Board. Aforesaid accused persons are deliberately avoiding to abide by the provisions of Sections 24 and 26 of the aforesaid Act whic... | 1[ds]In the light of the above discussion and in view of the specific averments in the complaint as referred to by us in the earlier paragraphs coupled with the statutory provisions, namely, Sections 25, 26, 44 and 47 of the Act, we are unable to share the view expressed by the High Court in quashing the complaint inso... | 1 | 5,692 | 229 | ### Instruction:
Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages.
### Input:
in this complaint are responsible for constructing the proper works and plant for the treatment of their h... |
Janki Prasad Parimoo & Others Vs. State of Jammu & Kashmir & Others | more backward and others less backward, a thing not permitted by Balajis case, 1963 Supp (1) SCR 439 = (AIR 1963 SC 649 ). There is, therefore, substance in the contention of Mr. Sen that the Committee has created these two artificial groups of "cultivators" and "pensioners" for the purpose of affording certain benefit... | 1[ds]18. It would appear from the affidavit filed on behalf of the State that out of the total of 50 marks to be given to the candidate, 20 marks were allotted for general knowledge, 20 marks for aptitude and 10 marks for personality.e second consideration is the wholly inept way of makingselections. Selection means th... | 1 | 10,655 | 4,387 | ### 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:
more backward and others less backward, a thing not permitted by Balajis case, 1963 Supp (1) SCR 439 = (AIR 1963 SC 649 ).... |
COMMISSIONER OF CUSTOMS Vs. M/S. ATUL AUTOMATIONS PVT LTD | the facts of the case, cannot be said to have detained the consignment without justification.6. Shri Mukul Rohatgi, learned senior counsel appearing for the respondent submitted that MFDs were imported in October- November, 2016. The requirement of extended producer responsibility under the E-waste (Management) Rules, ... | 1[ds]7. We have considered the submissions on behalf of the parties. The MFDs were imported in October-November 2016. They were detained by the customs authorities opining that the imports had been made in violation of the Foreign Trade Policy, 2015-2020 framed under Sections 3 and 5 of the Foreign Trade Act and the Wa... | 1 | 1,844 | 719 | ### Instruction:
Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding.
### Input:
the facts of the case, cannot be said to have detained the consignment without justification.6. Shri Mukul Rohatg... |
Mirah Exports Private Limited Vs. Collector of Customs | given on the prices indicated in the price list is actually mentioned in other documents that were seized during the search. The said documents include the various letters and telexes received from SKF Oversees Bearings Division, Sweden which indicate the new pricing policy of the foreign supplier. As pointed out by th... | 1[ds]The legal position is well settled that the burden of proving a charge of under valuation lies upon Revenue and Revenue has to produce the necessary evidence to prove the said charge "Ordinarily the Court should proceed on the basis that the apparent tenor of the agreement reflect the real state of affairs" and wh... | 1 | 5,184 | 1,285 | ### 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:
given on the prices indicated in the price list is actually mentioned in other documents that were seized during the searc... |
M/s. Arihant Udhyog Vs. State of Rajasthan & Others | `agreement to sell. It reads as under:"4. Sale and agreement to sell(1) A contract of sale of goods is a contract whereby the seller transfers or agrees to transfer the property in goods to the buyer for a price. There may be a contract of sale between one part-owner and another.(2) A contract of sale may be absolute o... | 0[ds]14. From the aforesaid arguments it becomes clear that applicability of Section 17 of the Act read with Rule 58 of the Rules would depend upon the question as to whether agricultural produce is bought and sold by the licensee in the market area. It is also the common case of the parties that the answer to the afor... | 0 | 5,463 | 888 | ### 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:
`agreement to sell. It reads as under:"4. Sale and agreement to sell(1) A contract of sale of goods is ... |
SHIV PRAKASH MISHRA Vs. STATE OF UTTAR PRADESH AND ANOTHER | than prima facie case as exercised at the time of framing of charge, but short of satisfaction to an extent that the evidence, if goes unrebutted, would lead to conviction. In the absence of such satisfaction, the court should refrain from exercising power under Section 319 CrPC. In Section 319 CrPC the purpose of prov... | 0[ds]By reading of Section 319 Cr.P.C., it is clear that the power under Section 319 Cr.P.C. can be exercised by the trial court at any stage during trial to summon any person as an accused to face the trial if it appears from the evidence that such person has committed any offence for which such person could be tried ... | 0 | 2,786 | 1,151 | ### 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:
than prima facie case as exercised at the time of framing of charge, but short of satisfaction to an ex... |
Vse Stock Services Ltd Vs. S.E.B.I. | was carried out as a result of compulsion of law. Before considering the submissions on behalf of appellant in this regard, the relevant legal position may be concluded by pointing out that many of the clarifications including clause 7 have not been incorporated as a part of the Regulations inspite of subsequent amendm... | 0[ds]3. In view of stand of the SEBI and clearly because the appellant wanted to operate on NSE, steps were taken to get the earlier subsidiary company – VSE Securities Ltd. amalgamated with the appellant. The High Court was moved and on completion of necessary formalities, amalgamation order was passed by the Gujarat ... | 0 | 2,168 | 658 | ### 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:
was carried out as a result of compulsion of law. Before considering the submissions on behalf of appel... |
The Sangli Bank Limited Vs. Official Liquidator High Court & Others | Rs.25,00,000/-more with the Liquidator than the offer now made by the Bank for these two lots. He however submitted that this Court should not interfere with the order passed by the learned single Judge and at the highest the bids accepted by the learned single Judge be affirmed by taking Rs.25,00,000/- more from Respo... | 1[ds]11. We have considered the submissions made by both the counsel. What we find in this matter is that one learned Single Judge (Deshmukh J.) had passed an order earlier directing that the prevailing rates of the property be called for from theof the particular area, the learned Single Judge subsequently taking the ... | 1 | 3,442 | 992 | ### 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:
Rs.25,00,000/-more with the Liquidator than the offer now made by the Bank for these two lots. He however submitted that t... |
Naihati Jute Mills Limited Vs. Hyaliram Jagannath | months. If is therefore manifest that their application was refused because of a personal disqualification and not by reason of any force majeure. Since this was the position there is no question of the performance becoming impossible by reason of any change in the Governments policy which could not be foreseen by the ... | 0[ds]It is not hardship or inconvenience or material loss which brings about the principle of frustration into play. There must be a change in the significance of obligation that the thing undertaken would, if performed, be a different thing from that which was contracted for6. These theories have been evolved in the m... | 0 | 4,677 | 1,138 | ### 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:
months. If is therefore manifest that their application was refused because of a personal disqualification ... |
Oil & Natural Gas Corporation Limited Vs. Commissioner of Income Tax & Another | Entry 22 of List II of the 7th Schedule to the Constitution to understand the exclusion of mineral oils from the definition of minerals in Section 3(a) of the 1957 Act. Regard must also be had to the fact that mineral oils is separately defined in Section 3(b) of the 1957 Act to include natural gas and petroleum in res... | 1[ds]8. A careful reading of the aforesaid provisions of the Act goes to show that under Section 44BB(1) in case of a non-resident providing services or facilities in connection with or supplying plant and machinery used or to be used in prospecting, extraction or production of mineral oils the profit and gains from su... | 1 | 5,059 | 748 | ### Instruction:
Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding.
### Input:
Entry 22 of List II of the 7th Schedule to the Constitution to understand the exclusion of mineral oils from the d... |
Institute Of Law Vs. Neeraj Sharma | struck down as invalid……….’61. The Court also referred to the reasons recorded in the orders passed by the Minister for award of dealership of petrol pumps and gas agencies and observed: (Common Cause case, SCC p. 554, para 24)‘24. … While Article 14 permits a reasonable classification having a rational nexus to the ob... | 0[ds]21. We will first consider and answer the question of maintainability of the Writ Petition and locus standi of the writ petitioner, the respondent No. 1 herein who has filed the writ petition.22. The property in question belongs to the Union Territory of Chandigarh Administration. Under our constitutional philosop... | 0 | 6,016 | 2,665 | ### 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:
struck down as invalid……….’61. The Court also referred to the reasons recorded in the orders passed by ... |
Bangalore Development Authority Vs. N.Jayamma | possession having a lawful title, cannot divest another of that title by pretending that he had no title at all." 19) After taking note of the principle of law relating to adverse possession in the aforesaid manner, this Court commented about the erroneous approach of the High Court in the following manner: ?19. The Co... | 1[ds]16) In M. Venkatesh (supra) as well, land was acquired by the State Government of Karnataka and given at the disposal of the BDA. Preliminary Notification was issued on July 17, 1984 and final Notification dated November 28, 1986 was published on December 25, 1986. Determination of amount of compensation payable t... | 1 | 6,660 | 601 | ### 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:
possession having a lawful title, cannot divest another of that title by pretending that he had no title at all." 19) Afte... |
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