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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Shagun Mahila Udyogik Sahakari San.Marya Vs. State Of Maharashtra | December, 2009, which shows that the appellant had manufactured fortified blended sukhadi premix on 12th December, 2009. Since the appellant did not have a manufacturing unit, the certificate is clearly procured for the purposes of this case. Learned senior counsel, therefore, submits that the High Court rightly dismis... | 0[ds]We are of the considered opinion that the writ petition has been rightly dismissed by the High Court after examination of the entire issue. The High Court concluded that the appellant failed to satisfy the eligibility criteria as contained in Clause 6, as noticed earlier. The aforesaid clause requires that the ten... | 0 | 6,648 | 962 | ### Instruction:
Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding.
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December, 2009, which shows that the appellant had manufactured fortified blended sukhadi premix on 12th December, 2009. S... |
Kailash Nath Agarwal Vs. Pradeshiya Indst.&Inv.Corp.Of U.P | words in different provisions of the Act. The significance of the use of the qualifying word in one provision and its non-use in another provision may not be disregarded". 27. Since the Legislature has expressly chosen to make a distinction between the suits for recovery of the money and enforcement of guarantees and p... | 0[ds]30. We have been unable to find a corresponding reason for widening the scope of the word suit so as to cover proceedings against the guarantor of an industrial company. The object for enacting the SICA and for introducing the 1994 amendment was to facilitate the rehabilitation or the winding up of sick industrial... | 0 | 4,885 | 501 | ### Instruction:
Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding.
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words in different provisions of the Act. The significance of the use of the qualifying word in one provision and... |
Tarinikamal Pandit and Others Vs. Perfulla Kumar Chatterjee (Dead) By L.Rs | issuing a cheque in favour of the third plaintiff with a direction that the third plaintiff should pay the sum of Rs. 1, 000 to the defendant towards expenses. A cheque was no doubt drawn by the first plaintiff in favour of the third plaintiff but there is nothing to indicate that this amount was to be paid to the defe... | 1[ds]We find it difficult to accept the story for plaintiffs 2 and 3 were reluctant to part with Rs. 10, 000 each without receipt even though the first plaintiff assured that there was no need for a receipt. In fact th e money was not parted with by them till the second plaintiffs son accompanied the defendant to Calcu... | 1 | 4,954 | 1,531 | ### Instruction:
Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding.
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issuing a cheque in favour of the third plaintiff with a direction that the third plaintiff should pay the su... |
Narbada Prasad Vs. Chhagan Lal And Ors | speeches and had therefore come forward to depose truthfully as to what had happened. This witness no doubt spoke about Kannod but he lent assurance to the statements of P. Ws. 2, (Balchand) P. W. 7 (Babulal) and P. W. 15 (Chandergopal) about Khategoan. The learned Judge although he examined the two incidents separatel... | 0[ds]It is a well-understood rule of law that if a thing is to be done in a particular manner it must be done in that manner or not at all. Other modes of compliance are excluded.Even the certificate of the Tehsildar was not a certified or a true copy of the entry. It only gave the gist of the entry taken from the affi... | 0 | 3,987 | 921 | ### 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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speeches and had therefore come forward to depose truthfully as to what had happened. This witness no doubt ... |
Ramagya Prasad Gupta & Ors Vs. Murli Prasad | other members of his family were interested in his one-anna share in the partnership whether he had formed a sub-partnership, or whether he had entered into an agreement with defendants 12 to 14 as regards his share in the partnership were all questions in which the appellants were not concerned for the simple reason t... | 0[ds]20. We do not think that there is any substance in either of the two contentions. So far as the first contention is concerned it is true that Parasnath represented the joint family when the partnership had come into existence but much water had flown under the bridge thereafter. Jagdish Narain and his two brothers... | 0 | 8,941 | 529 | ### 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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other members of his family were interested in his one-anna share in the partnership whether he had formed a sub-partners... |
BCH ELECTRIC LIMITED Vs. PRADEEP MEHRA | the rates prescribed in the manner laid down in the Appendix, is to be done only in the case of employees in the Second category. 21. The intent of the Trust Deed and the Scheme is thus clear that the governing principles as regards the amount to be calculated and the rates to be applied have to be in accordance with t... | 1[ds]16. Thus, as on the day, when the respondent resigned from his service, that is on 01.06.2012, the relevant ceiling in Sub-Section (3) of Section 4 was at the level of ten lakh rupees and for an employee to be covered by the definition obtaining in Section 2(e) of the Act, there was no wage-bracket or ceilingSimil... | 1 | 8,543 | 991 | ### Instruction:
Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document.
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the rates prescribed in the manner laid down in the Appendix, is to be done only in the case of e... |
Hdfc Bank Ltd Vs. Kumari Reshma | Court failed to appreciate that at the relevant time the offending vehicle was under the requisition of Respondent No. 1 – State of Assam under the provisions of the Assam Act. Therefore, Respondent No. 1 was squarely covered under the definition of owner as contained in Section 2(30) of the 1988 Act. The High Court fa... | 1[ds]In the present case, as the facts have been unfurled, the appellant bank had financed the owner for purchase of the vehicle and the owner had entered into a hypothecation agreement with the bank. The borrower had the initial obligation to insure the vehicle, but without insurance he plied the vehicle on the road a... | 1 | 6,696 | 2,010 | ### Instruction:
Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document.
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Court failed to appreciate that at the relevant time the offending vehicle was under the requisit... |
ER. K. ARUMUGAM Vs. V. BALAKRISHNAN | learned Single Judge erred in entertaining the contempt petition. Apart from entertaining the contempt petition, the learned Single Judge further fell in error in issuing positive direction to the authorities to pay further compensation at the rate of Rs.600/- per sq. ft., which, in our considered view, is arbitrary an... | 1[ds]12. A party can be proceeded for disobedience of the order of the court only when there is willful disobedience and non- compliance of the order passed by the court. On perusal of the order dated 03.02.2016 passed in Writ Petition No.3874/2016, it is seen that in the said order, court has only directed the authori... | 1 | 3,418 | 1,017 | ### Instruction:
First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document.
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learned Single Judge erred in entertaining the contempt petition. Apart from entertaining the contempt petition, the learne... |
JAGMOHAN SINGH DHILLON ETC Vs. SATWANT SINGH & ORS | be carried forwarding under the 1972 and 1982 un amended rules... 14. The above judgment has attained finality. The learned Single Judge took the view that since the vacancies were vacancies from 1979 upto 1982, the twenty percent reservation as provided under 1972 Rules shall govern. The judgment of Ishwar Singh, thus... | 0[ds]12. From the facts brought on the record, it is clear that the advertisement against which the appellant was appointed was issued on 01.05.1982, i.e., after the enforcement of 1982 Rules. The appellant was appointed in pursuance of the advertisement by appointment order dated 18.03.1986. Although 1972 Rules have b... | 0 | 3,283 | 1,477 | ### Instruction:
Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences.
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be carried forwarding under the 1972 and 1982 un amended rules... 14. The above judgment has attained finality. The learne... |
Kaloji Talusappa Gangavathi Vs. Khyanagouda & Others | Shah, J. 1. Against the decree dismissing his suit for recovery of the amount due under a mortgage and a promissory note executed by the defendants, the plaintiff has appealed to this Court with special leave. 2. The plaintiff carries on the business of a money-lender at Raichur which was formerly in the State of Hyder... | 0[ds]The plaintiff had not obtained a licence when he advanced money to the defendants on the transactions of mortgage and promissory note. By virtue of. (5) (a) of S. 3 the plaintiff was prohibited from carrying on in any district the business ofg without obtaining a licence provided for ins (2). Section 9 (2) express... | 0 | 1,095 | 442 | ### Instruction:
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Shah, J. 1. Against the decree dismissing his suit for recovery of the amount due under a mortgage and ... |
John Tinson and Co. Pvt. Ltd and others Vs. Mrs. Surjeet Malhan and Another | completion of the transaction to put on rails the company which was running in losses. It would appear that as per the agreement, subsequent transactions were to be completed and in furtherance thereof, it appears that the shares, admittedly, were entrusted to Mr. Bhagat with a blank transfer form. Thereafter, the disp... | 0[ds]6. There should be consensus ad idem for a concluded contract and it is seen that Section 25(1) of the Contract Act contemplates that when a transfer is without consideration, it is a void contract. It is an admitted position that there is no concluded contract between Smt. Surjeet and Bhagat. The acquiescence did... | 0 | 1,319 | 497 | ### Instruction:
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completion of the transaction to put on rails the company which was running in losses. It would appear that as per the agr... |
Dhanwanti Joshi Vs. Madhav Unde | only because of the principle of comity but also because, on facts, - which were independently considered - it was in the interests of the child to be sent back to the native State. There the removal of the child by the father and the mothers application in India were within six months. In that context, this Court refe... | 1[ds]20. We are of the view that the High Court, in the present proceedings, was clearly in error in not even referring to the earlier orders and their binding nature on the respondent, insofar as the said orders considered that in the interests of the paramount welfare of the child, the custody was to be with the moth... | 1 | 7,062 | 1,231 | ### 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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only because of the principle of comity but also because, on facts, - which were independently considered - ... |
Bharat Coking Coal Limited Vs. Shyam Sunder Prasad and Others | Despite substitute service effected by giving publication of the notice in Hindustan and Aaj published from Patna, no one has appeared for the respondents. The respondent instituted a suit for declaration that some machinery had not vested under the Coal Nationalisation Act. The suit was declared in favour of the plain... | 1[ds]In the instant case, the machineries concerned were boilers and from the nature of the user it can be reasonably held that the same were used in connection with the mining operation. Under the extended definition of mine in the Coal Nationalisation Act such machine had therefore vested. | 1 | 455 | 55 | ### Instruction:
Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences.
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Despite substitute service effected by giving publication of the notice in Hindustan and Aaj published from Patna, no one ... |
Indian Metals And Ferro Alloys Ltd Vs. Union Of India And Ors | sions, it does not follow that it becomes entitled to a captive mine to cater to its needs. We, however, express no concluded opinion on this issue which does not arise for our consideration . The SG has to take into account various factors and aspects (some of which have also been referredto in the interim order of th... | 1[ds]We do not think the OMC orIDCOL have any voice in requiring that the SG should keep certain extents of land reserved and should not grant any ML at all in favour of an), private party. The interests of these corporations are safe in the hands 01 the S.G. and the allocation of MLs to these organisations i s a matte... | 1 | 26,376 | 630 | ### Instruction:
Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction.
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sions, it does not follow that it becomes entitled to a captive mine to cater to its needs. We, however... |
KALYAN SINGH Vs. RAVINDER KAUR (D) THR. LRS | R. Banumathi, J. 1. Leave granted. 2. This appeal arises out of judgment dated 13th May, 2016 passed by the High Court of Punjab and Haryana at Chandigarh in Regular Second Appeal No.859 of 1988 in which the High Court has reversed the judgment of the First Appellate Court and restoring the judgment of the trial court ... | 1[ds]6. As seen from the sale deed filed (Annexure CA-1 of the paper book), the respondents-plaintiff has purchased the property, an extent of 852-1/3 sq. yards in Khasra No.316/1. As per the evidence of the respondents-plaintiff-vendor, the respondents-plaintiff was put in physical possession on the land covered under... | 1 | 628 | 289 | ### Instruction:
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R. Banumathi, J. 1. Leave granted. 2. This appeal arises out of judgment dated 13th May, 2016 passed by the High Court of... |
Punjab Traders And Ors Vs. State Of Punjab And Ors | definition of sugar factory has not undergone any change, and it reads as follows: "2. (d) sugar factory means any premises, including the land, godowns or outhouses appurtenant thereto, whereon twenty or more workers are working, or were working on any day of the preceding twelve months, and in any part of which a man... | 0[ds]( 14 ) It is not, and cannot be, disputed that if the impugned provisions are not merely regulatory with a view to facilitating trade, but are in quality and substance restrictive, though reasonable as restrictions can be, and if they in effect constitute a hindrance or impediment to the free flow or movement of t... | 0 | 2,605 | 664 | ### Instruction:
Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages.
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definition of sugar factory has not undergone any change, and it reads as follows: "2. (d) sugar factory m... |
N.P. Verma Vs. Union of India | higher grades, namely, Grades R11 and R12 and the Grade of General Manager. This is not for this Court to say whether the compression should have been made in the lower grades or in the higher grades. By such compression, Grades R6 A and R7 A have been upgraded and the persons placed in those Grades have been benefited... | 1[ds]Admittedly, no application was made to this Court by the officers of CORIL praying for stay of the rationalisation scheme within a period of three weeks. Relying on the said order of this Court and also on the fact that no application for stay was made to this Court within the period allowed, it is submitted on be... | 1 | 3,958 | 951 | ### Instruction:
Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction.
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higher grades, namely, Grades R11 and R12 and the Grade of General Manager. This is not for this Court to say whether the co... |
Harbhajan Singh Vs. Karam Singh And Others | same principle has been reiterated by this Court recently in Patel Chunibhai Dajibhai v. Narayanrao Khanderao Jambekar, Judgment in C. As. Nos. 791 to 798 of 1964, D/-3-12-1964 : (AIR 1965 SC 1457 ). In that case... respondent No. 1 was a landlord and the appellant was a tenant. On May 1, 1956, respondent No. 1 gave a ... | 0[ds]ew v. Willis, 1891-1 QB, Lord Esher, M. R. pointed out thatno court (and I would add no authority) has... a power of setting aside an order which has been properly made, unless it is given by statuteIn another caseHession v. Jones, 1914-2 KB, Bankes, J. pointed out that the court, under the statute, has no power t... | 0 | 2,749 | 1,851 | ### Instruction:
Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document.
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same principle has been reiterated by this Court recently in Patel Chunibhai Dajibhai v. Narayanr... |
M/S GARMENT CRAFT Vs. PRAKASH CHAND GOEL | appeared on 04.11.2016 due to which DE was closed. Hence in these circumstances, in my view there is sufficient ground to set aside the order dated 04.11.2016 closing DE in the interest of justice. 17. Thereupon, the respondent preferred a miscellaneous petition under Article 227 of the Constitution of India, which vid... | 1[ds]18. Having heard the counsel for the parties, we are clearly of the view that the impugned order is contrary to law and cannot be sustained for several reasons, but primarily for deviation from the limited jurisdiction exercised by the High Court under Article 227 of the Constitution of India. The High Court exerc... | 1 | 3,195 | 883 | ### Instruction:
Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document.
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appeared on 04.11.2016 due to which DE was closed. Hence in these circumstances, in my view there is su... |
B.S.N.L. Vs. M/S. Subash Chandra Kanchan | therefore Section 15(2) would be attracted and a substitute arbitrator has to be appointed according to the rules that are applicable for the appointment of the arbitrator to be replaced. Therefore, what Section 15(2) contemplates is an appointment of the substituted arbitrator or the replacing of the arbitrator by ano... | 0[ds]But, herein the issue is entirely different. Apart from failure on the part of the Managing Director of the Appellant to appoint an arbitrator within the specified time, the Appellants evidently waived their right under the arbitration agreement. Mr. Sharmas submission to the effect that the learned counsel who co... | 0 | 3,038 | 365 | ### Instruction:
Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding.
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therefore Section 15(2) would be attracted and a substitute arbitrator has to be appointed according to the rules ... |
Om Prakash & Others Vs. Union of India & Others | the Appellants had sought for and obtained information and in so far as Shud Kars are concerned they were informed that they were destroyed after 6 years and that no Shud Kars were available for the year 1947 or before and on the 4th occasion when again information was sought for with respect to these Shud Kar as state... | 0[ds]This contention in our view has no validity. It is aproposition of law that where a specific power is conferred without prejudice to the generality of the general powers already specified, the particular power is only illustrative and does not in any way restrict the general power.The decision of this Court in Est... | 0 | 3,255 | 952 | ### Instruction:
Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation.
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the Appellants had sought for and obtained information and in so far as Shud Kars are concerned they were in... |
COMMON CAUSE Vs. UNION OF INDIA | (run-of-mines) consists of large boulders, fragments and fines along with other contaminants. ROM is transported to crushing plant by dumpers and crushed to below 150 mm sizes. This crushed ROM contains lump, fines and also contaminants such as alumina and silica. The crushed ore is transported to screening plant throu... | 1[ds]15. Before resolving this controversy, it must be clearly understood that extraction of the mineral iron ore is the extraction of iron ore Run of Mine or ROM. Lumps of iron ore are, in a sense, aof ROM as are topsoil, mineral rejects,ore and fines and the distinctions made are for the purposes of payment of royalt... | 1 | 3,777 | 884 | ### Instruction:
Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction.
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(run-of-mines) consists of large boulders, fragments and fines along with other contaminants. ROM is transported to crushing... |
Dr. J. P. Kulshreshtha and Others Vs. Chancellor, Allahabad University, Raj Bhawan and Others | hammer home the point that the Court should not substitute its judgment for that of academicians when the dispute relates to educational affairs. While there is no absolute ban, it is a rule of prudence that courts should hesitate to dislodge decisions of academic bodies. But university organs, for that matter any auth... | 1[ds]It is common ground that none of them has a first class. It is undisputed that the Allahabad University awards first class to those who obtain 60 % and above and second class to those who secure anything between 48 % to 59. For the nonce, we are not concerned with the other qualifications itemized in ordinance 9. ... | 1 | 4,567 | 2,052 | ### Instruction:
Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding.
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hammer home the point that the Court should not substitute its judgment for that of academicians when the dispute relates ... |
Hiru B. Barot Vs. Ipca Laboratories Limited & Another | not arise at all.15. The opinion recorded by us hitherto is reinforced by the exposition in the case of The Management of the Bihar State Electricity Board (supra) rendered by the Division Bench of the Patna High Court. It observed thus:We have been called upon to decide this point in this case because the submission o... | 1[ds]We are in agreement with the submission canvassed on behalf of the management that for treating a decision of the Labour Court as an interim award, the decision should reflect that relevant point for determination to be answered in part or wholly has been formulated and addressed in the decision so as to determine... | 1 | 3,941 | 984 | ### Instruction:
Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding.
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not arise at all.15. The opinion recorded by us hitherto is reinforced by the exposition in the case of The Management of ... |
Cmd/Chairman,. B.S.N.L. Vs. Mishri Lal | of Uttar Pradesh, AIR 1992 SC 2084 , etc. 14. Hence, the approach of the High Court, in our opinion, was totally incorrect. In State of Punjab and others vs. Arun Aggarwal and others (2007) 10 SCC 402 , it was observed (in para 30): There is no quarrel over the proposition of law that the normal rule is that the vacanc... | 1[ds]We agree with the contention of the learned counsel for the petitioner, because, Law and Equity as well as Honesty and Fair Play jointly provide support of the petitioners contention, that once it has been laid down in the old Rules (Rule 10(iv) that they will not be changed for three years, respondent No. 3 BSNL,... | 1 | 2,407 | 364 | ### Instruction:
Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding.
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of Uttar Pradesh, AIR 1992 SC 2084 , etc. 14. Hence, the approach of the High Court, in our opinion, was tota... |
G.S. Broca Vs. State of Jammu and Kashmir and Another | CHANDRACHUD, C.J.1. This case has a chequered history. The appellant started his career way back in 1934 as a constable in the Police Department of the State of Jammu & Kashmir when he was about 18 years of age. He was promoted as a Head Constable in 1946, as an Assistant Sub-Inspector in 1953 and as a Sub-Inspector of... | 1[ds]5. The appellant, in our opinion, cannot have his case examined and reexamined over and over again. He filed Writ Petition No. 303 of 1972 while his earlier Writ Petition No. 257 of 1971, out of which this appeal arises, was pending in the High Court in respect of very same relief. He succeeded in Writ Petition No... | 1 | 336 | 736 | ### Instruction:
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CHANDRACHUD, C.J.1. This case has a chequered history. The appellant started his career way back in 1934 as ... |
State Of Madras Vs. K. N. Shanmugha Mudallar & Ors | acre for part of the land near the road and at the rate of Rs. 1, 300 per acre for the rest of the land. Rs. 520, 11 As, 1 P the capitalised value of the net rental income was held to be the amount payable to the respondents. The Kudiwaramdars were content with the compensation awarded to them, but the respondents who ... | 0[ds]We find it difficult to accede to this submission, for we are of the opinion that in case the State wanted to take over the land under the Abolition Act it should not have proceeded to acquire the interest of the respondents in the land in dispute under the Land Acquisition Act. There were two alternative courses ... | 0 | 1,387 | 572 | ### Instruction:
Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document.
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acre for part of the land near the road and at the rate of Rs. 1, 300 per acre for the rest of the land... |
Managing Director Ecil Hyderabad Etc. Etc Vs. B. Karunakar Etc. Etc | might have been recorded without considering the relevant evidence on record, or by misconstruing it or unsupported by it. If such a finding is to be one of the documents to be considered by the disciplinary authority, the principles of natural justice require that the employee should have a fair opportunity to meet, e... | 0[ds]Two things, therefore, emerge from this decision, viz., that it is not the function of the inquiry Officer to propose any punishment even after he records findings of guilt against the delinquent employee. Much less can the Inquiry Officer do so at the stage of serving the charges on the employee. Secondly, it is ... | 0 | 9,260 | 3,037 | ### 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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might have been recorded without considering the relevant evidence on record, or by misconstruing it or unsupported by it... |
D. K. Yadav Vs. J.M.A. Industries Limited | to act in a manner which is patently impartial and meets the requirements of natural justice. 10. The law must therefore be now taken to be well settled that procedure prescribed for depriving a person of livelihood must meet the challenge of Art. 14 and such law would be liable to be tested on the anvil of Art. 14 and... | 1[ds]13. It is thus well settled law that right to life enshrined under Art. 21 of the Constitution would include right to livelihood. The order of termination of the service of an employee/workman visits with civil consequences of jeopardising not only his/her livelihood but also career and livelihood of dependents. T... | 1 | 3,950 | 442 | ### Instruction:
Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding.
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to act in a manner which is patently impartial and meets the requirements of natural justice. 10. The law must the... |
SKODA AUTO VOLKSWAGEN INDIA PRIVATE LIMITED Vs. THE STATE OF UTTAR PRADESH & ORS | the vehicles in India were also fitted with cheat devices; (ii) that despite the clarification issued by them that they had not installed any cheat devices, in the vehicles meant to be sold in India, the cars purchased by the complainant were found to contain such defeat devices; and (iii) that therefore, the manufactu... | 0[ds]17. Let us take up the second contention first, since it is capable of being dealt with, without much ado. The second contention has two parts namely (i) that there is a long delay in lodging the complaint and (ii) that the 3rd Respondent-complainant, appears to have purchased only 3 vehicles as against his claim ... | 0 | 3,882 | 1,549 | ### Instruction:
Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document.
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the vehicles in India were also fitted with cheat devices; (ii) that despite the clarification is... |
Ram Mills Ltd. Bombay Vs. Commissioner of Excess Profits Tax, Central, Bombay | this figure he excluded certain items in the return for determining how the profits increased the capital; for example, he excluded money given away as presents and in charity etc.3. Now in order to determine the quantum of excess profits tax payable by an assessee it is necessary under the Act to compute, among other ... | 0[ds]We do not agree. The word "deemed" clearly governs both clauses, for the fiction which the Rule creates is not only that the profits shall be deemed to have accrued at an even rate throughout the period, but further that they must be deemed to have resulted, as they accrued, in a corresponding increase or decrease... | 0 | 1,277 | 486 | ### Instruction:
Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding.
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this figure he excluded certain items in the return for determining how the profits increased the capital; for exa... |
M/S. Gayatri Project Ltd Vs. M/S. Sai Krishna Construction | settlement is to be doubted, it cannot be doubted before the Arbitrator. It must be remembered that the appellant is relying on the alleged settlement by way of defence. The respondent has not accepted the same. Nor has the respondent denied the execution of the document. The respondent has also not claimed that the fu... | 0[ds]In our opinion, the question as to whether letter datedwould constitute a "full and final settlement"would have to be determined on proper appreciation of the evidence led by the parties. It is, in our opinion, open to two interpretations. Which of the two interpretations is ultimately accepted will have to be dec... | 0 | 3,435 | 559 | ### 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:
settlement is to be doubted, it cannot be doubted before the Arbitrator. It must be remembered that the appe... |
Workmen Of Dewan Tea Estate And Ors Vs. The Management | suggested or shown that their position was any better than that of the companies before us. It is also true that at the relevant time all the tea companies in Cachar in general, and the Managing Agents of the nine companies before us in particular M/s. Macneill and Barry Ltd. were trying their best to persuade the Assa... | 1[ds]We are not inclined to answer this question in favour of the respondent. Besides, as we have already indicated, having regard to the factors specified by the Rule 8(a)(i) before the clause in regard in other causes beyond his control was introduced, it would not be easy to entertain the argument that a trading rea... | 1 | 4,143 | 503 | ### 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:
suggested or shown that their position was any better than that of the companies before us. It is also ... |
Ramachandraiah Etc Vs. Land Acquisition Officer, Sagar | appear to have been issued to them either by the Special Acquisition Officer or by District Judge though some of them did appear as witnesses for the claimants for deposing to the income of the land. Presumably, no such notices were issued to them on the ground that they were annual tenants and had, therefore, no alien... | 1[ds]It may be that resort may be had to fair rent as a true measure of income derived from a particular land by its proprietor for fixing the compensation by multiplying it by 20 years as has been done here by the High Court where no other method of valuation is possible. But where the acquired land has been under the... | 1 | 2,318 | 874 | ### 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:
appear to have been issued to them either by the Special Acquisition Officer or by District Judge though some... |
Alembic Glass Industries Ltd. Baroda & Others Vs. The Workmen & Others | when he is certified by a competent medical officer to be ill for that or a longer period. Sickness is a serious misfortune to a workman for it not only prevents him from earning his normal wages, but is a drain on his meagre financial resources by way of additional expenditure on food , nursing and visits to the medic... | 0[ds]It would thus appear that the appellants have not been able to show that the awards in question are illegal or unjust; or would adversely affect the economy or the industrial peace, or lead to imbalance in the conditions of service in other industrial establishments. It appears, however, that it was not necessary,... | 0 | 2,909 | 95 | ### 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:
when he is certified by a competent medical officer to be ill for that or a longer period. Sickness is ... |
Muniyamma and Ors Vs. Anitha Vaz | 1. Nobody appears for the Appellants when the case was taken. However, learned Counsel appearing for the Respondent stated that the sale deed has been executed and registered before the Trial Court pursuant to impugned judgment in Respondents favour in relation to suit property and, therefore, the appeal has been rende... | 1[ds]3. We find that the learned Single Judge, in the present case, had granted certificate of leave Under Articles 133 read with Article 134-A of the Constitution of India to the Appellant to file this appeal. The said article, in our view, specifically prohibits learned Single Judge of the High Court to grant leave a... | 1 | 224 | 129 | ### Instruction:
Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation.
### Input:
1. Nobody appears for the Appellants when the case was taken. However, learned Counsel appearing for the Res... |
Chief General Manager (IPC) M P Power Trading Co Ltd & Anr Vs. Narmada Equipments Pvt Ltd | upon either by the State Commission or the person or persons to whom it is referred for arbitration. In our opinion the word and in Section 86(1)(f) between the words generating companies and to refer any dispute for arbitration means or. It is well settled that sometimes and can mean or and sometimes or can mean and (... | 1[ds]9. In the present case, the notice for the initiation of arbitration under Clause 12.3 of the PPA was issued by the respondent on 30 May 2011. The commencement of the arbitral proceedings by the invocation of the arbitration agreement would, therefore, relate to 30 May 2011, when the notice invoking Clause 12.3 wa... | 1 | 2,483 | 1,074 | ### 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:
upon either by the State Commission or the person or persons to whom it is referred for arbitration. In ou... |
Mgmt.Commt.,Montfort Sr.Secondary School Vs. Vijay Kumar | of matters of law, but for the purpose of this question a judicial act seems to be an act done by competent authority, upon consideration of facts and circumstances and imposing liability or affecting the rights of others." 18. In Huddart Parker and Co. v. Moorehead (1909)8 CLR 330 (E) judicial powers were defined as u... | 0[ds]13. According to learned counsel for the appellant though there may be two remedies available to the dismissed employee, that is, one the appeal and the other before the arbitrator, his stand was that when one of the parties i.e. the employer wants a particular forum for adjudication there cannot be a compulsion f... | 0 | 5,178 | 398 | ### 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 matters of law, but for the purpose of this question a judicial act seems to be an act done by competent authority, upon... |
Orissa State Electricity Board Vs. M/S Ipisteel Ltd | x Rs.35/-. This is because the demand charges are meant to cover investment, installation and the standing charges to some extent, as held by this Court in Northern India Iron and Steel, (AIR 1976 SC 1100 ) which is precisely what we have explained hereinbefore. To say that demand charges should not be collected if the... | 1[ds]It is obvious that if a factory uses energy at a particular level/load and for a particular period, it consumes a particular quantity of energy. The trivector meter records the highest level/load at which the energy is drawn over any thirty minute period in a month while the other meter records the total consumpti... | 1 | 10,533 | 2,882 | ### 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:
x Rs.35/-. This is because the demand charges are meant to cover investment, installation and the standing charges to som... |
Union of India Vs. Prafulla Kumar Sanyal | (with such designation only as he may specify for Manipur Territory) or if he is unwilling to act to the sole arbitrator some other person appointed by the arbitrator. An arbitrator can be appointed only under the terms of the agreement. The High Court rejected this contention on the ground that the arbitration agreeme... | 1[ds]5. In the instant case, as an arbitrator has not been appointed by the parties and as the parties are not agreed upon an arbitrator the court may proceed to appoint an arbitrator, but in so doing it is desirable that the court should consider the feasibility of appointing an arbitrator according to the terms of th... | 1 | 1,563 | 167 | ### 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 such designation only as he may specify for Manipur Territory) or if he is unwilling to act to ... |
Hartwell Prescott Singh Vs. Uttar Pradesh Government & Others | 1944, with the approval of the Public Service Commission of the United Provinces. He served in Class II of the United Provinces Agricultural Service in a temporary capacity for about ten years when he was reverted to his original appointment in the Subordinate Agricultural Service by an order of the Uttar Pradesh Gover... | 0[ds]In our opinion, the finding of the High Court that the appellant had failed to establish that he was confirmed as a member of the Subordinate Agricultural Service, based upon the materials before it, was a correctfurther finding of the High Court that the appellants contention that he had been absorbed in the perm... | 0 | 1,286 | 244 | ### 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:
1944, with the approval of the Public Service Commission of the United Provinces. He served in Cl... |
Inder Singh & Anr Vs. State Of Punjab & Ors | It is clear from these provisions that the objects of the Act are: (a) to secure the rights of tenants, (b) to provide for acquisition of proprietary rights in the land to the tenant, (c) to provide for permissible limit of 30 standard acres, (d) to acquire surplus areas and distribute them amongst certain classes of p... | 0[ds]It is clear from these provisions that the objects of the Act are: (a) to secure the rights of tenants, (b) to provide for acquisition of proprietary rights in the land to the tenant, (c) to provide for permissible limit of 30 standard acres, (d) to acquire surplus areas and distribute them amongst certain classes... | 0 | 3,171 | 576 | ### 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:
It is clear from these provisions that the objects of the Act are: (a) to secure the rights of tenants, (b... |
Narandas Morardas Gaziwala & Others Vs. S.P.A.M. Papammal & Another | for accounts for the material period.6. We proceed to consider the next question involved in this case viz., whether the plaintiff is entitled to set up a parole agreement to prove the condition precedent as to the enforceability of the promissory note. The argument of the Solicitor-General on behalf of the Surat firm ... | 1[ds]In our opinion, the statute is not exhaustive and the right of the agent to sue the principal for accounts is an equitable right arising under special circumstances and is not a statutory right.In our opinion, the legal position in India is not different. Though an agent has no statutory right for an account from ... | 1 | 3,259 | 1,607 | ### 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:
for accounts for the material period.6. We proceed to consider the next question involved in this case viz., whether the ... |
S. Satyanarayana Vs. Energo Masch Power Engineering & Consulting Pvt. Ltd. & Others | Companies Act. 7. Against the complaint, the following accused-namely A4 Company; its Directors A5 and A6; A9 the manager of the IREDA; and A10 the private person approached the High Court under Section 482 of the Cr.P.C.. The High Court took the view that the Special Judge could not have taken cognizance of the offenc... | 1[ds]8. As can be seen from the complaint the allegations are that the accused conspired with each other to cheat the complainant and a series of transactions gave rise to offence under Section 120B read with Section 420 of the Indian Penal Code as also Section 628 of the Companies Act. It is, therefore, clear that if ... | 1 | 1,988 | 475 | ### 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:
Companies Act. 7. Against the complaint, the following accused-namely A4 Company; its Directors A5 and A6; A9... |
The East And West Steamship Company,George Town, Madras Vs. S. K. Ramalingam Chettiar.(And Connected Appeal) | the contract that delivery is to commence as soon as possible after the arrival of ship at port and completed before the ship leaves the port. Indeed even if there were no definite terms in the bill of lading as regards the delivery it would follows necessarily from the very nature of the carriage of goods by ship that... | 0[ds]18. It is worth noting in this connection that while paragraph 5 makes it clear that loss there means loss to the carrier and paragraph 8 speaks of loss or damage to or in connection with the goods, the Legislature has in the 6th paragraph of this Article left the words "loss or damage" unqualified. The object of ... | 0 | 8,166 | 2,815 | ### Instruction:
Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding.
### Input:
the contract that delivery is to commence as soon as possible after the arrival of ship at port and completed... |
Subramania Gurukkal (Dead) Through Muthusubramanis Gurukkal & Others Vs. Shri Patteswaraswami Devasthanam, Perur By Its Executive Officer & Others | those in Ex. P-52. The final order of the Inam Commissioner was also in terms similar, and was confirmed to the fakirs the Sadavarti charity according to the grant, free, three being no excess. It is interesting to note that in column 2 (general class to which inam belongs) is noted Devadayam, i.e., dedicated to God; t... | 1[ds]31. This is a case in which the grant consists of both the varams. In other words it is an iruvaram grant. Therefore, it has to be decided whether the original inam grant was made by the previous sovereigns to the Devasthanam for its support or to the Oozhiamdars on condition of their rendering service to the Deva... | 1 | 7,824 | 1,568 | ### 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:
those in Ex. P-52. The final order of the Inam Commissioner was also in terms similar, and was confirmed to the fakirs the ... |
COMMISSIONER OF CENTRAL EXCISE, KANPUR Vs. KOTHARI PRODUCTS LIMITED | issued a show-cause notice dated 4-2-2000 asking them to show cause as to why Central excise duty amounting to Rs 1,93,83,911 may not be demanded under the proviso to Section ll-A(l) of the Act and why penalty should not be imposed under Section 11-AC read with Rule 173-Q of the Central Excise Rules, 1944 (for short "t... | 0[ds]8. In the present case, the Tribunal has set aside the order-in-original passed by the Commissioner and held that in view of the earlier decision given by the Tribunal, the Revenue was not justified in issuing a fresh show-cause notice and the same was barred by limitation as well as by the principle of res judica... | 0 | 1,275 | 357 | ### 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:
issued a show-cause notice dated 4-2-2000 asking them to show cause as to why Central excise duty amounting to Rs... |
STATE OF KERALA AND OTHERS Vs. KALLIYANIKUTTY AND ANOTHER | in any of the sections of the said Act that the entire amount due whether time barred or not, can be recovered by resorting to the procedure under the Kerala Revenue Recovery Act. 13.- In our view if such a wide interpretation is put on the words amount due under the Kerala Revenue Recovery Act, there is every likeliho... | 1[ds]The word due always imports a fixed and settled obligation or liability; but with reference to the time for its payment there is considerable ambiguity in the use of the term, the precise signification being determined in each case from the context. It may mean that the debt or claim in question is now (presently ... | 1 | 4,044 | 2,040 | ### Instruction:
Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case.
### Input:
in any of the sections of the said Act that the entire amount due whether time barred or not, can be recover... |
SUDARSAN PUHAN Vs. JAYANTA KUMAR MOHANTY AND ANR | appellate court. Sitting as a court of first appeal, it was the duty of the High Court to deal with all the issues and the evidence led by the parties before recording its findings. The first appeal is a valuable right and the parties have a right to be heard both on questions of law and on facts and the judgment in th... | 1[ds]20. Having heard the learned Counsel for the parties and on perusal of the record of the case, we find force in the submissions of the learned Counsel for the Appellant-claimant21. The powers of the first Appellate Court while deciding the first appeal are indeed well defined by various judicial pronouncements of ... | 1 | 3,496 | 677 | ### 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:
appellate court. Sitting as a court of first appeal, it was the duty of the High Court to deal with all... |
Severn Trent Water Purification, Inc Vs. Chloro Controls (India) P.Ltd. | that looking to the company petition in its entirety and also the grounds and prayers, it is clear that the petition was not presented by Severn Trent as Creditor of the Company but as a Contributory. The contention as to Creditor was raised belatedly for the first time in argument before the Division Bench which was a... | 0[ds]19. Bare reading of Section 439 makes it clear that it is couched in positive as well as negative words. Whereas sub-section (1) of the said section permits the presentation of application for winding up of a Company by any person enlisted therein, it clarifies that the said provision is subject to the provision o... | 0 | 11,291 | 1,981 | ### Instruction:
First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document.
### Input:
that looking to the company petition in its entirety and also the grounds and prayers, it is clear that the petition was no... |
RELIANCE LIFE INSURANCE CO. LTD. Vs. REKHABEN NARESHBHAI RATHOD | finding of a material misrepresentation or concealment in insurance has a significant effect upon both the insured and the insurer in the event of a dispute. The fact it would influence the decision of a prudent insurer in deciding as to whether or not to accept a risk is a material fact. As this Court held in Satwant ... | 1[ds]11. While considering the rival submissions, it is necessary to preface our analysis with reference to two basic facts. The first pertains to the nature of the disclosure made by the insured in the proposal form. The second relates to the ground for repudiation of the claim. The proposal form required a specific d... | 1 | 8,663 | 2,576 | ### 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:
finding of a material misrepresentation or concealment in insurance has a significant effect upon both the... |
Commissioner of Income Tax, Kerala Vs. Alagappa Textile (Cochin) Limited | Mills Ltd. under cl. 1 of the Agreement to enable it "to manage or run the mill" of the assessee. But simply because powers and functions were given to Kamala Mills Ltd. for the purpose of "managing and running the m ills" of the assessee, it would not follow that Kamala Mills Ltd. was in truth and substance a manager ... | 0[ds]On a perusal of the aforesaid clauses of the Agreeme nt in question two or three things stand out very clearly. It is true that at the commencement of the deed Kamala Mills Ltd. has been described and referred to as the "Managers" of the assessee throughout the document but mere label or nomenclature given to a pa... | 0 | 4,931 | 1,152 | ### 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:
Mills Ltd. under cl. 1 of the Agreement to enable it "to manage or run the mill" of the assessee. But... |
Aregistrar Of Firms, Societies And Chits, Utiar Pradesh Vs. Secured Investment Company, Lucknow And Another | 92 only. 24. In spite of all these glaring attributes of exploitative nature of the scheme, the High Court appears to have been carried away with the Reinvestment Deposit Plan Receipt for Rs. 220. The High Court was of the view that the scheme could not be considered as prize chit. The High Court saidIt is thus clear f... | 1[ds]6. The chit funds appear to have originated from two legitimate demands of the rural people : (i) a necessity for a lump sum amount to meet some unusual expenditure and (ii) to provide a form of accumulated saving when people had no banking facilities. It was considered as a source of credit and mode of saving. It... | 1 | 7,007 | 1,503 | ### 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:
92 only. 24. In spite of all these glaring attributes of exploitative nature of the scheme, the High Court appears to have... |
Kirloskar Cummins Limited Vs. Union of India | company. The learned counsel did not dispute that the subsidiary company of the assessee is a related person as contemplated by Section 4 (1) (c) of the Act. The expression "related person" means a person who is so associated with the assessee that they have interest directly or indirectly in the business of each other... | 1[ds]The submission of the learned counsel is correct and deserves acceptance.( 5 ) SECTION 4 of the Act, inter alia, prescribes that the duty of excise of excisable goods shall be determined with reference to value and such value shall be the price at which such goods are ordinarily sold by the assessee to a buyer in ... | 1 | 2,111 | 882 | ### 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:
company. The learned counsel did not dispute that the subsidiary company of the assessee is a related person as contempla... |
M/s. Elite Engineering And Construction (Hyd.) Private Limited Rep. by its Managing Director Vs. M/s. Techtrans Construction India Private Limited Rep. by its Managing Director | of contract will apply to the contract between the parties.”18. When we apply the aforesaid ratio, we find that the High Court has correctly held that, in the instant case, it was not intended to make the arbitration clause as a part of the contract between the appellant and the respondent. Clause 2 and clause 9.10 are... | 0[ds]After considering the respective submissions, we are inclined to agree with the respondent and, therefore, do not find any fault with the impugned judgment of the Highion (5), an arbitration clause contained in an independent document can also be imported and engrafted in the contract between the parties, by refer... | 0 | 4,639 | 2,008 | ### Instruction:
Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation.
### Input:
of contract will apply to the contract between the parties.”18. When we apply the aforesaid ratio, we find t... |
State Of Kerala, Etc Vs. Very Rev. Mother Provincial, Etc | and confer it upon the University. Then comes Section 58 which reads:58. Membership of the Legislative Assembly, etc., not to disqualify teachers.- A teacher of a private college shall not be disqualified for continuing as such teacher merely on the ground that he has been elected as a member of the Legislative Assembl... | 0[ds]is not a case of giving some benefits to minority communities which in reason must also go to the majority community institutions but a special kind of protection for which the Constitution singles out the minority communities. This question, however, does not fall within our purview as the State, at the hearing a... | 0 | 5,112 | 2,034 | ### 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 confer it upon the University. Then comes Section 58 which reads:58. Membership of the Legislativ... |
Murarilal Sarawagi Etc Vs. The State Of Andhra Pradesh | in the contracts between the manganese merchants and the STC did not render these contracts F.O.B. contracts with the foreign buyers form the STC The reason is simple. The contracts between the STC and the foreign buyers are different contracts and it is the STC which entered into independent contracts with their forei... | 1[ds]10. In string contracts or chain contracts delivery is made by the original seller and eo instanti it is delivered in implement under each separate contract in the chain. In chair or string contracts starting between the mills or mines or factories and their immediate buyer and ending with the ultimate buyer throu... | 1 | 2,111 | 773 | ### Instruction:
Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document.
### Input:
in the contracts between the manganese merchants and the STC did not render these contracts F.O.B. cont... |
Commissioner of Income Tax Vs. Gujarat Cypromet Ltd | incurred by the Assessee according to the method of accounting regularly employed by him) only in computing the income referred to in Section 28 of that previous year in which such sum is actually paid by him. 8. As noted above, Explanation 3C was inserted by the Finance Act, 2006, with retrospective effect from April ... | 1[ds]9. The appellate authority has noticed the facts in para 12 as extracted above which needs no repetition10. The interest liability which accrued during the relevant assessment year was not actually paid back by the Assessee rather was sought to be adjusted in the further loan of Rs. 8 crores which was obtained by ... | 1 | 2,364 | 896 | ### 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:
incurred by the Assessee according to the method of accounting regularly employed by him) only in computing ... |
Magiti Sasamal Vs. Pandab Bissoi | about the status of the respondents was framed and so it had to be tried by the civil court. In such a suit if the civil court holds that the relationship between the landlord and the tenant had not been established it may proceed to deal with the suit on the merits. If, however, it holds that the said relationship is ... | 1[ds]It would thus be seen that the Act purports to provide protection to tenants who were in possession of lands on the appointed day which is September 1, 1947. The other sub-sections of S. 3 make material and subsidiary provisions in regard to the said protection.It is true that having regard to the beneficent objec... | 1 | 3,758 | 1,538 | ### 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:
about the status of the respondents was framed and so it had to be tried by the civil court. In such a suit if the civil c... |
Subhlaxmi Fabrics Pvt. Ltd Vs. Chand Mal Maradia | empowered to rule about its own jurisdiction. It is, therefore, open to the plaintiff to raise all the pleas before defendant No.2 including a plea that there is no arbitration agreement between the parties for referring any dispute for arbitration before the Hindustan Chamber of Commerce, Mumbai. It is also important ... | 1[ds]are of the opinion that the view taken by the City Civil Court was just and proper and the High Court erred in granting an injunction in favour of the plaintiff and staying the proceedings before defendant No.221. In our opinion that approach of the High Court is not correct. The plea of the jurisdiction goes to t... | 1 | 4,787 | 206 | ### 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:
empowered to rule about its own jurisdiction. It is, therefore, open to the plaintiff to raise all the ... |
Bishwanath Prasad And Others Vs. Dwarka Prasad (Dead) And Others | defendant of this shop-building it did not go the whole hog in upholding his right. The learned Judges of the High Court held that the same admissions which had been relied upon by the trial court for holding in favour of the first defendants title to the mortgaged lands covered by Exs. B-1 to B-4 operated against the ... | 0[ds]7. We are not satisfied that there is any substance in the grievances voiced by counsel. There was no volte face on the part of the first defendant. Although it is true that his basic defence was a denial of joint family ownership, it is seen that even in the trial court Exs. G, G2 and H had been considered and ac... | 0 | 1,592 | 461 | ### 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:
defendant of this shop-building it did not go the whole hog in upholding his right. The learned J... |
M/S Atlas Cycle (Haryana) Ltd Vs. Kitab Singh | law, and (ii) a grave injustice or gross failure of justice has occasioned thereby.(6) A patent error is an error which is self-evident i.e. which can be perceived or demonstrated without involving into any lengthy or complicated argument or a long-drawn process of reasoning. Where two inferences are reasonably possibl... | 0[ds]9) It is relevant to note that in order to find out the correctness of the order passed by the learned single Judge, the Division Bench summoned all the records of the Labour Court and perused the same. In the written claim before the Labour Court, the workman has specifically alleged that on 01.10.1992, he sent a... | 0 | 2,683 | 510 | ### 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:
law, and (ii) a grave injustice or gross failure of justice has occasioned thereby.(6) A patent error is an e... |
Management of Travancore Titanium Products Limited Vs. Their Workmen | two sheets with a view to misappropriate the additional quantity of glue. The third sheet which was in most cases inconsistent with the first two, showed the proper quantity sent to the Plant in fact, and disparities in these sheets established Pillais guilt. On these pleadings, it was necessary for the management to p... | 0[ds]We are not impressed by this argument. Since the standing order insists upon notice of three clear days being given to the workman, failure to comply with the standing order does introduce an infirmity in the proceedingsThe Tribunal has stated that Mr. Iyer wanted to assist Pillai, but that he was not allowed to d... | 0 | 2,893 | 803 | ### 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:
two sheets with a view to misappropriate the additional quantity of glue. The third sheet which was in ... |
Deepali Gundu Surwase Vs. Kranti Junior Adhyapak | was getting wages equal to the wages he/she was drawing prior to the termination of service. This is so because it is settled law that the burden of proof of the existence of a particular fact lies on the person who makes a positive averments about its existence. It is always easier to prove a positive fact than to pro... | 1[ds]we find that thedecision to terminate theservice was preceded by her suspension albeit without any rhyme or reason and even though the Division Bench of the High Court declared that she will be deemed to have rejoined her duty on 14.3.2007 and entitled to consequential benefits, the management neither allowed her ... | 1 | 14,424 | 358 | ### 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:
was getting wages equal to the wages he/she was drawing prior to the termination of service. This is so becau... |
CHAIRMAN/MANAGING DIRECTOR, U.P. POWER CORPORATION LTD. Vs. RAM GOPAL | expeditiously for relief and who stand by and allow things to happen and then approach the Court to put forward stale claims and try to unsettle settled matters…... 16. Whilst it is true that limitation does not strictly apply to proceedings under Articles 32 or 226 of the Constitution of India, nevertheless, such righ... | 1[ds]10. Having heard learned counsel for the parties at a considerable length, we find that the impugned order of the High Court is legally untenable and cannot be sustained for at least three glaring reasonsi) Erroneous conclusion of termination order being non-speaking11. First, the Division Benchs finding that no r... | 1 | 2,859 | 971 | ### 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:
expeditiously for relief and who stand by and allow things to happen and then approach the Court to put forward stale claim... |
Karnataka State Industrial Investment And Development Corporation Ltd Vs. S.K.K Kulkarni | of whose jurisdiction the industrial concern carries on its business. Section 31 is one mode of recovery. Therefore, the power under Section 31 and Section 32 are in addition to the power of realization of money under the Transfer of Property Act or any other law. It is within the discretion of SFC to choose the forum ... | 0[ds]4. The right of a State Financial Corporation (SFC for short) recognized under Section 29 of the 1951 Act is different from the right which the SFC can enforce under Section 31. Section 31 enables SFC, without having recourse to the provisions of Section 29 of the 1951 Act or Section 69 of the Transfer of Property... | 0 | 3,275 | 1,204 | ### Instruction:
Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction.
### Input:
of whose jurisdiction the industrial concern carries on its business. Section 31 is one mode of recover... |
Pr. Commissioner of Income Tax - 6 Vs. Eight Roads Investments Advisors Private Limited (Formerly Known As Fil Capital Advisors India Private Limited) | comparable on the basis of the functionality of the said companies in the public domain. We find that such a detailed exercise having been undertaken by the Tribunal qua each and every comparable company, the reasons given by the Tribunal cannot be faulted with in respect of the comparable companies. The Tribunal has r... | 0[ds]8. At the outset, we would like to state that, the findings arrived at by the Tribunal are entirely one of facts and the revenue has failed to show as to how the said findings are perverse in any manner whatsoever.In view of the above detailed reproduction of the reasonings given by the Tribunal we find that, whil... | 0 | 15,586 | 1,265 | ### 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:
comparable on the basis of the functionality of the said companies in the public domain. We find that s... |
Y. Narayana Chetty & Another Vs. The Income-Tax Officer, Nellore And Others | firm for registration, it would normally be open to him to cancel such registration if he discovers that registration had been erroneously granted to a firm which did not exist. R. 6B has been made to clarify this position and to confer on the Income-tax Officer in express and specific terms such authority to review hi... | 0[ds]In the present case the Income-tax Officer has purported to act under, S. 34 (1) (a) against the three firms. The said sub-section provides inter alia that "if the Income-tax Officer has reason to believe that by reason of the omission or failure on the part of the assessee to make a return of his income under S. ... | 0 | 5,360 | 2,230 | ### 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:
firm for registration, it would normally be open to him to cancel such registration if he discovers tha... |
RAJASTHAN FINANCIAL CORPORATION Vs. SHASHI BALA | 1. Leave granted. 2. This appeal arises out of the order dated 25.05.2016 passed by the High Court of Judicature for Rajasthan at Jaipur Bench, Jaipur, in S.B. Civil Misc. Appeal No. 430 of 2013 in and by which the High Court has dismissed the appeal and thereby confirming the order passed by the courts below refusing ... | 1[ds]11. We have carefully considered the rival submissions and perused the materials on record.12. The delay in filing application to set aside the ex-parte decree is from 06.09.2008 to 18.05.2012. Though from the records and proceedings after 19.05.2008 (the date on which the suit was decided ex-parte) it seen that o... | 1 | 925 | 262 | ### 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:
1. Leave granted. 2. This appeal arises out of the order dated 25.05.2016 passed by the High Court of J... |
Ramchander Vs. Ananta | but to take the cumulative effect of the facts and circumstances emerging from the evidence on record and then draw a fair inference whether the plaintiff has been subjected to mental cruelty due to conduct of the other spouse. In the decision in Samar Ghosh case (supra), this Court set out illustrative cases where inf... | 0[ds]It is settled law that the instances of cruelty are not to be taken in isolation but to take the cumulative effect of the facts and circumstances emerging from the evidence on record and then draw a fair inference whether the plaintiff has been subjected to mental cruelty due to conduct of the other spouse. In the... | 0 | 2,224 | 737 | ### 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:
but to take the cumulative effect of the facts and circumstances emerging from the evidence on record and then draw a fair ... |
Smt. Juthika Bhattacharya Vs. The State of Madhya Pradesh and Ors. | be understood in a mandatory sense, so that no person who does not hold a post-graduate degree and possess the requisite experience would be eligible for being appointed as the Principal of a higher secondary school.As regards the second limb of the argument that since the appellant holds the qualification of B.A.B.T.,... | 0[ds]On the other hand, private schools like the one in which the appellant was working as a Head Mistress or a principal did not follow any such convention and appointments to the post of the head of the school were made therein directly and straightway without insistence on any worth while experience of teaching. The... | 0 | 2,298 | 441 | ### 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:
be understood in a mandatory sense, so that no person who does not hold a post-graduate degree and possess the requisite e... |
Burn Standard Company Ltd. And Anr Vs. Union Of India And Others | learned Single Judge, set aside his judgment and dismissed the writ petition of the appellant––Petitioner. The Division Bench allowed the appeal in the following words: “Admittedly, in this case, the cost of wagon as a whole has not been mentioned in the agreement and we feel that the cost of normal price should includ... | 0[ds]7. Section 3 of the Act provides for levy of the duty of excise. It is a levy on goods produced or manufactured in India. Section 4 of the Act lays down the measure by reference to which the duty of excise is to be assessed. The duty of excise is linked and chargeable with reference to the value of the excisable g... | 0 | 1,699 | 276 | ### 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:
learned Single Judge, set aside his judgment and dismissed the writ petition of the appellant––Petitioner. The Division Be... |
State of Bihar Vs. Sri Rajendra Agrawalla | No. 475 of 1992. The learned Judge by the impugned order having quashed the cognizance taken by the Magistrate so far as the respondent is concerned, the State has approached this Court. 4. Mr. B. B. Singh, learned counsel appearing for the State, contended that the High Court exceeded its jurisdiction under Section 48... | 1[ds]When the remedy under Section 482 is available, the High Court would be loath and circumspect to exercise its extraordinary power under Article 226 since efficacious remedy under Section 482 of the Code is available. When the Court exercises its inherent power under Section 482 the prime consideration should only ... | 1 | 1,463 | 301 | ### 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:
No. 475 of 1992. The learned Judge by the impugned order having quashed the cognizance taken by the Magistrate so ... |
Lotus Line (P) Ltd Vs. The State Of Maharashtra | therein the principle which the High Court has deduced from the case of Wednesbury Corporation, (1907) 1 KB 78. Learned counsel for the respondent-State is also unable to point out any passage in the judgment of Cozens-Hardy L. J. which lays down the proposition in the form in which the High Court has stated it. As we ... | 1[ds]It seems to us, however, that the view taken in Wednesbury Corporations case, (1907) 1 KB 78, that a person whom a wrong is done is entitled to full compensation for restoring the thing damaged to its original condition may be accepted as the true measure of damages in a case of this kind. This applies equally to ... | 1 | 2,115 | 797 | ### 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:
therein the principle which the High Court has deduced from the case of Wednesbury Corporation, (1907) 1 KB 78. Le... |
Delhi Transport Corporation Vs. Sandeep Kaushik and Ors | M.R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 13.09.2013 passed by the High Court of Delhi at New Delhi in Writ Petition No. 3510 of 2012 and the order dated 05.09.2014 passed in Review Petition No. 195 of 2014 in Writ Petition No. 3510 of 2012, the Delhi Transport Corpo... | 1[ds]5. Having heard the learned counsel appearing on behalf of the respective parties and the impugned judgment and order passed by the High Court and considering the fact that the appointments were made solely on the basis of the marks allotted in the viva test, the impugned judgment and order passed by the High Cour... | 1 | 946 | 321 | ### 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:
M.R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 13.09.2013 p... |
Harcharan Vs. State of Haryana | Faridabad Complex, the High Court was pleased to award compensation at the rate of Rs 10 per square yard on the footing that the land had the potentiality of building site. It was also alleged that for the land acquired for development of Sector 13 of Faridabad Complex situated in Ballabhgarh-Faridabad Controlled Area ... | 1[ds]We need not dilate on this question in view of the decision of this Court in Ganesh Trading Co. v. Moji Ram ((1978) 2 SCR 614 : (1978) 2 SCC 91 : AIR 1978 SC 484 ), wherein it has been observed as under : (SCC p. 93, para 2)Procedural law is intended to facilitate and not to obstruct the course of substantive... | 1 | 1,532 | 137 | ### 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:
Faridabad Complex, the High Court was pleased to award compensation at the rate of Rs 10 per square yard on ... |
The Additional Commnr.Of C.Taxes,Bangalo Vs. Ayili Stone Industries Etc.Etc | so is that in all such cases, particularly under the excise law, the Court has to go by the facts of each case. In each case one has to examine the nature of the activity undertaken by an assessee. Mere extraction of stones may not constitute manufacture. Similarly, after extraction, if marble blocks are cut into slabs... | 1[ds]28. There is a distinction between polished granite stone or slabs and tiles. If a polished granite stone is used in a building for any purpose, it will come under Entry 17(i) of Part S of the second schedule, but if it is a tile, which comes into existence by different process, a new and distinct commodity emerge... | 1 | 7,444 | 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:
so is that in all such cases, particularly under the excise law, the Court has to go by the facts of each case. In each ca... |
Centre For Public Interest Litigation Vs. Union Of India | privatization law is necessary has been going on all over the world. This aspect has been discussed by Pierre Guislain in his book entitled ‘The Privatization Challenge’ published by the World Bank. The views of the learned Author are reproduced hereunder; "Whether a country needs to enact a privatization law or can do... | 1[ds]14. Again accretions to the Governmentassets subsequent to acquisition of the undertaking is an irrelevant factor in the context of the question we are considering. Here what is required to be seen is, not which asset can be transferred or not, but whether the undertaking can change its character from a Government... | 1 | 5,792 | 140 | ### 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:
privatization law is necessary has been going on all over the world. This aspect has been discussed by Pierre Guislain in... |
Dr. C. Annacheriam And Another Vs. Achotha Menon And Others | Tarwad to another person so long of course as the transfer or delegation of power is revocable. According to the learned Judge a delegation of the power of management in favour of even a stranger would be valid. This view is not in consonance with that taken in Chappan Nayars case, ILR 12 Mad 219, which the learned Jud... | 1[ds]11. The last two grounds are based upon the fact that the power of attorney has not been produced in this case and no explanation is given for its non-production. It would appear from the averments made by the defendant in the written statement that she had taken out summonses both against the plaintiff No.1 and d... | 1 | 5,214 | 1,355 | ### 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:
Tarwad to another person so long of course as the transfer or delegation of power is revocable. According to the ... |
Kalim Khan & Others Vs. Fimidabee & Others | the act. 25. Presently, we shall scrutinse the factual score in the case at hand. As is evincible, the battery was installed in the tractor and the explosives were charged by the battery. The purpose was to dig the well in the field. In such an obtaining factual matrix, it would be an erroneous perception to say that t... | 1[ds]6. As is noticeable, the High Court has recorded a finding that the battery was practically detached from the vehicle. The correctness of this finding is required to be determined first. It is necessary to note here that the tribunal has treated the accident to be a vehicular accident and entertained the claim. As... | 1 | 6,625 | 1,268 | ### Instruction:
Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction.
### Input:
the act. 25. Presently, we shall scrutinse the factual score in the case at hand. As is evincible, the battery was installed... |
S Sakti Oushadhalaya Dacca Private Limited Vs. Adhyaksha Mathur Babu' Union of India | that any action on the lines suggested by the Committee was taken by the Government of India. In these circumstances we have on the one side the three standard Ayurvedic text books according to which these preparations are prepared; we have also the affidavits of a large number of Ayurvedic practitioners of obvious rep... | 1[ds]Therefore, the Excise Acts of the various States when they impose duty of excise on medicinal and toilet preparations had two purposes, namely, (i) to raise revenue and (ii) to reduce consumption of liquor, and therefore the Excise Acts of the various States cannot be said to be corresponding law which has been re... | 1 | 6,318 | 1,159 | ### 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:
that any action on the lines suggested by the Committee was taken by the Government of India. In these circu... |
Prakash Chandra Vs. Angadlal and Others | agreement for sale dated September 11, 1956, the appellant became entitled to a sale of the land on payment of Rs. 4000. Thereafter, he executed the document dated November 18, 1957 which provides :"Civil Suit No. 13-A of 1956 which is filed by you in the Court of the Second Additional Judge, Amravati, is being amicabl... | 1[ds]7. The suit was settled in terms of the decree passed in it. Under that decree Mohsinali and Qurban Hussain were held entitled to ownership and delivery of possession. The decree did not stipulate that the dispute in the suit should be settled by a sale of the land in favour of the first and second respondents. Th... | 1 | 2,045 | 375 | ### 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:
agreement for sale dated September 11, 1956, the appellant became entitled to a sale of the land on payment of Rs. 4000. T... |
Bhagirath Agarwal Vs. Simplex Concrete and Piles (I) Pvt. Ltd. and Ors | Kurian Joseph, J.C.A. Nos. 7544-7546/20081. The Appellant is aggrieved since he has been denied interest for the arrears of rent vide order dated 22.05.2006 passed by the City Civil Court at Calcutta in the Ejectment Suit No. 717 of 1992. To the extent relevant, the order reads as follows:That the petitions filed by th... | 1[ds]3. It is not in dispute that the Respondent/tenant was permitted to pay the arrears of rent in installments. No doubt, there was a defence taken by the Respondent that the default in payment of the arrears of rent was on account of the conduct of the Appellant/landlord in denying amenities. Yet the City Civil Cour... | 1 | 734 | 327 | ### 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:
Kurian Joseph, J.C.A. Nos. 7544-7546/20081. The Appellant is aggrieved since he has been denied interest fo... |
Paschimanchal Vidyut Vitran Nigam Ld.&Or Vs. M/S Adarsh Textiles | Act of 2003 that to grant subsidy to any consumer or class of consumers is the prerogative of the State Government and such other direction issued in the public interest shall be binding upon the Commission. 26. When we consider the policy decision of the State Government dated 14.6.2006 read with communications dated ... | 1[ds]It can be culled out from order dated 14.6.2006 that the State Government intended the benefit to be extended to power loom weavers alike farmers. The activity of manufacturing textile is generally understood as the weaving of such textile and man who is engaged in such power loom activity is known as weaver. Weav... | 1 | 4,124 | 744 | ### Instruction:
Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case.
### Input:
Act of 2003 that to grant subsidy to any consumer or class of consumers is the prerogative of the State Gove... |
I.K. MANIK Vs. STATE OF KARNATAKA | 1. Leave granted. 2. Heard the learned counsel appearing for the parties at length. 3. This is a case which reflects how the appellant has been harassed by the State of Karnataka. He was appointed as Incharge Tutor in the year 1960. After rendering the services for more than 15 years, he was suspended in the year 1976.... | 1[ds]7. We have heard the learned counsel for the parties at length. In our opinion, the original application and the writ application filed by the appellant could not have been dismissed by the Tribunal and the High Court on the ground of delay. When the appellant had retired on attaining the age of superannuation in ... | 1 | 514 | 136 | ### Instruction:
Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences.
### Input:
1. Leave granted. 2. Heard the learned counsel appearing for the parties at length. 3. This is a case which reflects how t... |
Ram Charitra Ray Vs. High Court of Patna and Another | BEG, J.1. The petitioner under Article 32 of the constitution makes the following allegations :(1) He was a Bench clerk in the Additional Sub-Judges Court Purnea, in 1967. On 20th May. 1967. the District Judge Purnea, asked for an explanation from him with regard to a land acquisition case No. 119 of 1958 as to why the... | 0[ds]2. No. one has appeared on behalf of the petitioner to explain to us how any fundamental right of the petitioner has been affected. From the reply filed on behalf of the High Court it appears that there was a very detailed order by the District Judge of Purnea setting out the responsibility of the petitioner for d... | 0 | 721 | 219 | ### 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:
BEG, J.1. The petitioner under Article 32 of the constitution makes the following allegations :(1) He w... |
State of Orissa Vs. Orient Paper & Industries Ltd | N. Santosh Hegde, J.Disputes having arisen between the State of Orissa and the respondent is this civil appeal, in respect of exclusive right and licence to fell, cut and remove bamboos, parties opted to go for arbitration as provided in the agreement. The disputes referred to the Arbitrator for determination are :- 1.... | 0[ds]8. I agree.9. I may, however, add that in this case the agreement was entered into in January, 1974. After disputes and differences arose and parties went for arbitration, the Arbitrator gave his Award on November 30, 1978. The Award was challenged by the respondent before theBhubaneshwar who upheld the Award by j... | 0 | 937 | 272 | ### 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:
N. Santosh Hegde, J.Disputes having arisen between the State of Orissa and the respondent is this civil appe... |
N. Bagavathy Ammal Vs. Commissioner of Income Tax, Madurai & Another | net assets of the company in liquidation, he receives that money in satisfaction of the right which belonged to him by virtue of his holding the shares and not by operation of any transaction which amounts to sale, exchange, relinquishment or transfer within the meaning of Section 12-B of the Act. 8. Section 45(1) of t... | 0[ds]17. Having referred to capital assets in Section 45(1), 47 and 48, Parliament appears to have deliberately chosen to use the ward asset in Section 46(1) and (2), the ostensible intention being to bring assets of all kinds within the scope of the charge. It is not necessary to refer to a dictionary to hold that cap... | 0 | 2,292 | 270 | ### 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:
net assets of the company in liquidation, he receives that money in satisfaction of the right which belonged to h... |
Vibhuti Glass Works Vs. Commissioner Of Income Tax, Lucknow | Vibhuti Glass Works, is a public limited company. It has a glass factory and also carried on other business. The accounts of the glass factory are closed on March 31 of each year while the assessee closes its accounts on September 30 of each year. We are concerned with the assessment year 1962-63. 3. For several years ... | 0[ds]6. It is apparent that this appeal must be disposed of on a consideration of the terms of the deed dated August 22, 1960. A perusal of the conditions set forth in that document disclose that the State Government was given the power to manage the glass factory business for a period of 20 years from the date it assu... | 0 | 1,247 | 464 | ### 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:
Vibhuti Glass Works, is a public limited company. It has a glass factory and also carried on other business.... |
Shankarlal Aggarwal And Ors Vs. Shankarlal Poddar And Ors | impression that he would bring the money and make the deposit and as a matter of fact the narration of facts by the liquidators in their Masters summons clearly shows that they themselves were under this impression. In the circumstances the continued presence of the bidders there manifestly served no purpose and severa... | 0[ds]In the view we are clearly of the opinion that the order of the Court was, in the circumstances, a judicial order and not an administrative one and was therefore not inherently incapable of being brought up infind ourselves in agreement with the view here expressed. Madan Gopal Daga, ILR 55 Cal 262 : (AIR 1928 C... | 0 | 7,727 | 907 | ### 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:
impression that he would bring the money and make the deposit and as a matter of fact the narration of facts... |
Santuram Khudai Vs. Kimatrai Printers & Processors (P) Ltd. & Ors | where the appearance is by any representative of employees other than a representative-union authorities under S. 32 can permit the employee to appear himself in all proceedings before them and further the employee is entitled to appear by any person in certain proceedings specified in S. 33. But whenever the represent... | 0[ds]9. A plain reading of the above section which was substituted for the original S.80 by the Bombay Act 49 of 1955 makes it clear that the Labour Court can permit the parties affected by the dispute to appear in the manner provided by Ss.80A to 80C of the Act but the discretion conferred on the Labour Court has spec... | 0 | 4,081 | 1,108 | ### 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:
where the appearance is by any representative of employees other than a representative-union authoritie... |
Tata Consultancy Services Ltd Vs. Inspira IT Products Pvt. Ltd | And Anr. (2004) 3 SCC 458 In regard to Ajab Enterprises, SC Gupte, J held that the narrower view taken there could not be said to be good law in view of the completely contrary proposition set out by the Supreme Court in West Coast Paper Mills Ltd. and followed by the Supreme Court itself in M.P. Steel Corporation v. C... | 0[ds]9. As the emphasised portion shows, there is a material distinction between 14(1) and 14(2). We are only concerned with the former. As Ms. Sethna correctly points out, this has several components or ingredients that have to be met before the exclusion of time can operate. Each of these can be separately identified... | 0 | 3,023 | 1,499 | ### 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 Anr. (2004) 3 SCC 458 In regard to Ajab Enterprises, SC Gupte, J held that the narrower view taken there could not be... |
Poonnamma Jagadamma Vs. Narayanan Nair | be ordered for executing the decree. If necessary, an Advocate Commissioner can also be appointed by the execution Court to assist the Amin to execute the decree."6. This decision has been assailed by the Appellants mainly on the argument that the High Court exceeded its jurisdiction in exercise of powers under Section... | 0[ds]8. Having considered the rival submissions, we find force in the argument of Respondent No.1 that even if the claim of Respondent No.1 regarding title over the whole of the suit property is answered against him, that does not necessarily negate his claim of being aof the suit property along with his brother. The f... | 0 | 3,267 | 539 | ### 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:
be ordered for executing the decree. If necessary, an Advocate Commissioner can also be appointed by the exe... |
C.I.T.,Gujarat-I Vs. Navnit Lal Sakar Lal | the company as a Managing Director or such other date as may be mutually agreed upon between the company and the concerned Managing Director, it being clarified that the re-appointment of a Managing Director on the expiry of his present tenure of office will not amount to his having retired as Managing Director or havi... | 1[ds]9. What is most relevant is a correct interpretation of the Resolution of the Board. Shorn of unnecessary words, they resolved, for the financial years in question, that the amount of commission payable to each of the Managing Directors under the respective Managing Director Agreements executed with each of them s... | 1 | 1,956 | 379 | ### 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 company as a Managing Director or such other date as may be mutually agreed upon between the compan... |
Life Insurance Corporation Of India Vs. Raja Vasireddy Komallavalli Kamba & Others | of the Corporation. On the other hand, there was a general statement that there was no concussed contract. The High Court was of the view that having regard to the conduct of the parties, there was a concluded contract. The High Court took the view that Ex. B-13 dealing with Chapter III of the Financial Powers did not ... | 1[ds]In our opinion, the High Court was in error in appreciating the facts and the evidence in this case. We cannot accept the High Courts criticism with the averment in the written statement that there was not sufficient pleading that there was no concluded contract and non- acceptance of the proposal was not sufficie... | 1 | 3,804 | 771 | ### Instruction:
Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages.
### Input:
of the Corporation. On the other hand, there was a general statement that there was no concussed contract.... |
Visakhapatnam Municipality Vs. Kandregula Nukaraju & Ors | limits. Qua the areas newly included within the municipal limits, the tax was being imposed for the first time and therefore it was incumbent on the Municipality to follow the procedure prescribed by the first proviso to section 81( 2). Residents and taxpayers of those areas, like respondents 1 to 36, never had an oppo... | 0[ds]The circumstance that whereas the preliminary notification declaring the intention of the State Government to include new areas within the municipal limits was issued under the District Municipalities Act 1920, the final notification confirming that intention was issued under the Act presents no difficulty. In so ... | 0 | 3,330 | 1,220 | ### 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:
limits. Qua the areas newly included within the municipal limits, the tax was being imposed for the first time and therefo... |
Commissioner of Income Tax Vs. Shilpi Advertising Limited | The Tribunal and the High Court declined the application of the Revenue for reference of the following question :"Whether, the Tribunal is right in law and on facts in holding that the assessee is an industrial company entitled for concessional rate of tax?" 2. The basis of the refusal was that this was not a referable... | 0[ds]3. We have perused the relevant portion of the order of the Tribunal where the activities of the assessee are listed, thus :"(i) Production of design and art works which serve as the basic material for publication of advertisements in newspapers, periodicals, technical journals, souvenirs, etc.(ii) Preparation of ... | 0 | 259 | 195 | ### Instruction:
Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding.
### Input:
The Tribunal and the High Court declined the application of the Revenue for reference of the following question :"Whether,... |
Lachhmi Narain Singh (D) Through LRs & Ors Vs. Sarjug Singh (Dead) Through LRs. & Ors | there is no substance in the present contention. (emphasis in original) 21. A similar view was taken by George Rankin, J. in the decision of Privy Council in Gopal Das v. Sri Thakurji AIR 1943 PC 83 where it was held that Objection as to the mode of proof must be taken when the document is tendered and before it is mar... | 1[ds]15. The High Court in our assessment, failed to give due weightage to the evidence of OW-3, OW-4 and OW-5 who led evidence on genuineness of the cancellation deed. Instead, erroneous presumption was drawn on impersonation and incapability of the testator, to visit the office of the Sub-Registrar to register the Ca... | 1 | 3,650 | 1,876 | ### 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:
there is no substance in the present contention. (emphasis in original) 21. A similar view was taken by... |
Ashok Dulichand Vs. Madahavlal Dube & Another | No 2. the appellant had failed to prove that its contents were false to the knowledge of respondent No. 1 or that he did not believe them to be true. No corrupt practice as defined in Section 123 (4) of the Representation of the People Act was held to have been proved. Issues 10 (d) and (e) were held to be of no conseq... | 0[ds]7. After hearing the learned Counsel for the parties, we are of the opinion that the order of the High Court in this respect calls for no interference. According to clause (a) of Section 65 of the Indian Evidence Act, secondary evidence may be given of the existence, condition or contents of a document when the or... | 0 | 2,112 | 900 | ### 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:
No 2. the appellant had failed to prove that its contents were false to the knowledge of respondent No. 1 or that ... |
Subhendu Prosad Roy Choudhury and Others Vs. Kamala Bala Roy Choudhury and Others | UNTWALIA, J.1. This is a landlords appeal by special leave. They had filed a petition in the year 1958 in the Court of the Munsif at Alipore under Section 5 of the Calcutta Thika Tenancy Act, 1949 as it then stood after serving a notice on the tenant-respondents to quit in accordance with Section 4. The ground for evic... | 1[ds]In our opinion the notice was signed and given by and on behalf of all thelandlords including all the minors. It was not necessary for Raja Prosad Roy Choudhury to specifically say at the foot of the notice that he was signing it on behalf of his minor son also, specially when the name of the minor had been mentio... | 1 | 626 | 157 | ### 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:
UNTWALIA, J.1. This is a landlords appeal by special leave. They had filed a petition in the year 1958 in ... |
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