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RAJASTHAN HIGH COURT JODHPUR Vs. NEETU HARSH | contained in the Rules, 2010 framed in exercise of the powers conferred under Article 233 and 234 read with proviso to Article 309 of the Constitution of India, the Rule being operated will be justified. As already noted, neither the notification nor the Rule were under challenge. In terms thereof the appellants on tak... | 1[ds]10. However, we do not find it necessary to advert more in detail to the said provisions since in the instant case it is not as if no reservation for Differently Abled Persons was made in the Recruitment Notification concerned nor is it a case where the Recruitment Notification is under challenge on the ground of ... | 1 | 4,305 | 1,345 | ### 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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contained in the Rules, 2010 framed in exercise of the powers conferred under Article 233 and 234 read with proviso to Art... |
Sarda Prasad And Others Vs. Lala Jumna Prasad And Others | of debts is no ground for thinking that the provisions of S. 7 are limited to suits or decrees on monetary claims only. Nor can we see any reason to think that the word discharge can refer only to debts. Discharge means, to free from liability. The liability may be in respect of monetary claims, like debts; it may be i... | 0[ds]6. On the first contention the argument is that the word discharge is appropriate only in respect of a monetary claim and is wholly inappropriate in respect of any decree for possession whether on partition or otherwise. There is, in our opinion, no substance in this argument. The mere fact that the two illustrati... | 0 | 1,729 | 749 | ### 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 debts is no ground for thinking that the provisions of S. 7 are limited to suits or decrees on monetary cl... |
M/S.S.B.P. & Co Vs. M/S. Patel Engineering Ltd. | from office for any reason or by or pursuant to agreement of the parties and not where the arbitrator appointed by either party declines to accept the appointment or refuses to act as such and that the term `rules appearing in Section 15(2) takes within its fold not only the statutory rules, but also the terms of agree... | 1[ds]20. We may now advert to the scope of Clause 19 of piece work agreement, which provides for appointment of two arbitrators, one by each party, with liberty to the arbitrators to appoint an Umpire, in case of difference or their failure to reach an agreement within one month of their appointment. The award made by ... | 1 | 8,887 | 1,157 | ### 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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from office for any reason or by or pursuant to agreement of the parties and not where the arbitr... |
State Of Madras Vs. C. J. Coelho | after such payment." (emphasis (here in ) supplied)13. Accordingly, we hold that there is no force in the contention that the payment of interest was capital expenditure within S. 5 (e) of the Act14. The next point, namely, that the payment of interest was a personal expense is equally without substance. We are unable ... | 0[ds]10. If we apply these principles to the facts of this case, the answer seems clear that the payment of interest is revenue expenditure.No new asset is acquired with it; no enduring benefit is obtained. Expenditure incurred was part of circulating or floating capital of the assessee. In ordinary commercial practice... | 0 | 3,640 | 469 | ### 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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after such payment." (emphasis (here in ) supplied)13. Accordingly, we hold that there is no force in the contention that ... |
M/s. Ellerman Lines Limited Vs. Commissioner of Income Tax, West Bengal I | development rebate. In reply to that letter, the Board of Revenue wrote to them as follows :"Sub :- Assessment of British Shipping Companies on the basis of ratio certificates - Treatment of investment allowances granted in the U. K.I am directed to reply your letter dated 8th February 1957 on the above subject and to ... | 1[ds]14. The authorities under the Act have proceeded on the basis that the computation of the income of the assessee has to be made on the second of the three bases mentioned in R. 33. This assumption appears to be incorrect. Admittedly the profits of the assessee company were not computed in accordance with the provi... | 1 | 3,141 | 1,000 | ### 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:
development rebate. In reply to that letter, the Board of Revenue wrote to them as follows :"Sub ... |
Punjab State Civil Supplies Corporation Ltd. And Anr Vs. M/S. Atwal Rice And General Mills | had been raised by the judgment debtor under Section 47 of the Code challenging the decree then it was necessary for the executing Court to deal with the objections and record its finding one way or other in accordance with law. Secondly, assuming that these objections were to be decided then also, in our opinion, none... | 1[ds]16. Having heard learned counsel for the parties and on perusal of the record of the case, we are constrained to allow the appeal and set aside the impugned order.Coming to the facts of the case, we find that firstly, the award is under the Act; Secondly, the award was challenged under Section 34 by the respondent... | 1 | 3,947 | 1,156 | ### 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:
had been raised by the judgment debtor under Section 47 of the Code challenging the decree then it was necessary ... |
Union of India & Ors Vs. G. Ramesh | Dr Dhananjaya Y Chandrachud, J.1. Delay condoned.2. Leave granted.3. This appeal arises from a judgment and order of a Division Bench of the High Court of Judicature at Hyderabad for the States of Telangana and Andhra Pradesh dated 8 February 2018.4. The Superintendent of Post Offices, Hanamkonda issued a notification ... | 1[ds]7. The facts, as they have emerged on record indicate that the selection process which was initiated in pursuance of the notification dated 4 November 2013 culminated in the order of appointment of G Vijender. Subsequently, his services came to be terminated following the order of dismissal upon the conclusion of ... | 1 | 803 | 258 | ### 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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Dr Dhananjaya Y Chandrachud, J.1. Delay condoned.2. Leave granted.3. This appeal arises from a judgment and order of a Div... |
J.K. Synthetics Ltd Vs. K.P. Agrawal | In Hombe Gowda Educational Trust v. State of Karnataka [2006 (1) SCC 430 ], this Court stressed the need to give importance to discipline at the workplace. This Court observed: "This Court has come a long way from its earlier viewpoints. The recent trend in the decisions of this Court seek to strike a balance between t... | 1[ds]8. A careful reading of section 6(6) and the two decisions shows that the two decisions considered two different situations. In Tulsipur Sugar Company, this Court found that the reference to the Labour Court consisted of two parts. The award answered only the first part and had omitted to answer the second (conseq... | 1 | 7,553 | 1,138 | ### 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:
In Hombe Gowda Educational Trust v. State of Karnataka [2006 (1) SCC 430 ], this Court stressed the need to give ... |
M/s. Rohini Traders Vs. M/s. J.K. Lakshmi Cement Ltd | gathered that the witness had brought all the documents pertaining to the notice dated 05.07.2006 with respect to Item Nos. 3-6 and the other documents were with the appellant and the witness was also cross examined in respect of the documents so produced. The review application was, therefore, dismissed.(h) Against th... | 0[ds]9) From a reading of the aforesaid provision as also the law settled on this aspect, we are of the view that it was the duty of appellant herein to get the documents produced by theunder Order XII Rule 8 of the Code exhibited in the suit proceedings so that a true and correct finding either way could have been rec... | 0 | 1,896 | 256 | ### 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:
gathered that the witness had brought all the documents pertaining to the notice dated 05.07.2006 with ... |
Narendra Vs. The State Of Uttar Pradesh | the poor in an unequal fight, the adversarial process itself operates to the disadvantage of the weaker party. In such a situation, the Court has to be not only sensitive to the inequalities of parties involved but also positively inclined to the weaker party if the imbalance were not to result in miscarriage of justic... | 1[ds]It transpires from the bare reading of the aforesaid provision that even in the absence of exemplars and other evidence, higher compensation can be allowed for others whose land was acquired under the same Notification.7. The purpose and objective behind the aforesaid provision is salutary in nature. It is kept in... | 1 | 3,792 | 856 | ### 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:
the poor in an unequal fight, the adversarial process itself operates to the disadvantage of the weaker party. In such a si... |
The Management Of Marina Hotel Vs. The Woremen | that year would also come to Rs. 85,000 or so. Thus the profits in the year 1954-55 appear to be more or less the same as in the year 1953-54. In the circumstances there is no reason to interfere with the award of three months wages as bonus for the year 1954-55.7. Leave. The contortion of the appellant in this connect... | 0[ds]3. The appellant, as we have already mentioned, relies on the observations of this Court in the case of Voltas Ltd, 1961-l Lab LJ 323 : (AIR 1961 SC 941 ). However, we are of opinion that those observations can not help the appellant. It cannot be disputed that even taking into account the amount received by the ... | 0 | 2,873 | 1,179 | ### 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:
that year would also come to Rs. 85,000 or so. Thus the profits in the year 1954-55 appear to be more... |
Management of D.C. Dewan Mohideen Sahib & Sons & Another Vs. Secretary, United Beedi Workers' Union Salem & Another | under the so-called independent contractors in these cases are workmen of the appellants. It has been found by the tribunal and this view has been confirmed by the appeal Court that the so-called independent contractors were mere agents or branch managers of the appellants. We see no reason to disagree with this view t... | 1[ds]12. It is in the light of these decisions that we have to decide whether the workmen who work under the so-called independent contractors in these cases are workmen of the appellants. It has been found by the tribunal and this view has been confirmed by the appeal Court that the so-called independent contractors w... | 1 | 4,011 | 1,286 | ### Instruction:
Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document.
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under the so-called independent contractors in these cases are workmen of the appellants. It has been found... |
Ram Ran Bijai Singh And Others Vs. Behari Singh Alias Bagandha Singh | even on the case with which the appellants themselves came into Court. The plaintiffs stated in their plaint that the mortgagees had, so far as they were concerned, fulfilled their obligations and had put the mortgagors in possession of such property as they could and that it was the contesting defendants who putting f... | 0[ds]The possession of the contesting defendants in the present case was in their own right and adverse to the plaintiffs, even on the case with which the appellants themselves came into Court. The plaintiffs stated in their plaint that the mortgagees had, so far as they were concerned, fulfilled their obligations and ... | 0 | 5,476 | 475 | ### 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:
even on the case with which the appellants themselves came into Court. The plaintiffs stated in their plai... |
ASHOK KUMAR AND ORS. ETC. ETC Vs. THE STATE OF JAMMU AND KASHMIR & ORS | also. Therefore, the contention of the respondents that the office order issued by the Chief Justice was ultra vires, is completely untenable. 26. The CCA Rules, 1956 will have only limited application to the employees of the High Court. These Rules, by themselves, do not stipulate the qualifications required for appoi... | 1[ds]22. Before we proceed to analyse the rival contentions, it must be kept in mind that the contesting respondents-herein have actually secured a second lease of life, after having failed in the first round of litigation. After the office Order dated 24.10.2008 was issued by the Chief Justice prescribing the qualific... | 1 | 3,448 | 1,029 | ### 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:
also. Therefore, the contention of the respondents that the office order issued by the Chief Justice was u... |
Kirti & Anr. Etc Vs. Oriental Insurance Company Ltd | Vinod and Poonam, and the usage of unskilled minimum wage for Vinod have been brought to our notice. 9. Learned Counsel for the respondent-insurer, on the other hand, has sought to forestall any increase in compensation, including under the ground of future prospects. It is claimed that the High Courts decision was a c... | 1[ds]I. Deduction for Personal Expenses10. We have thoughtfully considered the rival submissions. It cannot be disputed that at the time of death, there in fact were four dependents of the deceased and not three. The subsequent death of the deceaseds dependent mother ought not to be a reason for reduction of motor acci... | 1 | 2,003 | 1,012 | ### 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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Vinod and Poonam, and the usage of unskilled minimum wage for Vinod have been brought to our notice. 9. Learned C... |
The State Of Madras Vs. Srimathi Champakam | although this Article finds a place in Part IV of the Constitution which lays down certain directive principles of State policy and though the provisions contained in that Part are not enforceable by any Ct. the principles therein laid down are nevertheless fundamental for the governance of the country and Art. 37 make... | 0[ds]It will be noticed that while Cl. (1) protects the language, script or culture of a section of the citizens, cl. (2) guarantees the fundamental right of an individual citizen. The right to get admission into any educational institution of the kind mentioned in Cl. (2) is a right which an individual citizen has as ... | 0 | 2,668 | 1,090 | ### 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:
although this Article finds a place in Part IV of the Constitution which lays down certain directive principles of... |
KERALA STATE ELECTRICITY BOARD REP. BY ITS SECRETARY & ANR Vs. PRINCIPAL SIR SYED INSTITUTE FOR TECHNICAL STUDIES & ANR | before the Division Bench. Thus, no material is there before us from which the Commission could demonstrate that the SFEIs provide luxury or semi-luxury amenities to their students. In the light of these facts can it be held that purpose of both Government run and aided institutions and SFEIs was same and hence no diff... | 1[ds]We find from the judgment under appeal that challenge to the tariff notification on the ground of being violative of the provisions of Article 14 of the Constitution of India was not pressed by the respondents-writ petitioners. The writ petitioners also did not seriously press their challenge to the subject notifi... | 1 | 5,476 | 2,143 | ### 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.
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before the Division Bench. Thus, no material is there before us from which the Commission could demon... |
THE STATE OF MADHYA PRADESH Vs. YOGENDRA SINGH JADON | HEMANT GUPTA, J. 1. The State is aggrieved against an order passed by the High Court of Madhya Pradesh on 2 nd May, 2016 whereby the proceedings against the respondents, both sons of late Manohar Singh Jadon, for an offence under Sections 420, 120-B of the Indian Penal Code, 1860 were quashed. 2. A charge sheet for the... | 1[ds]5. We find that the High Court has examined the entire issue as to whether the offence under Sections 420 and 120-B is made out or not at pre trial stage. The respondents are beneficiary of the grant of cash credit limit when their father was the President of the Bank. The power under Section 482 of the Code of Cr... | 1 | 969 | 199 | ### 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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HEMANT GUPTA, J. 1. The State is aggrieved against an order passed by the High Court of Madhya Pradesh on 2 nd May... |
Ramesh Narang Vs. Rama Narang and Others | conviction under Section 267 of the Companies Act cannot be visited upon respondent No. 1. We are unable to find any merit in this submission for more than one reason. In the first instance, we do not read the order of Delhi High Court as suspending the order of conviction and, secondly, even assuming it to be so, in o... | 1[ds]It is not possible to accede to the contention of Mr. Sibal that the relief in terms of prayer (a) cannot be granted, once the relief in terms of prayer (b) is set aside. We are unable to find any merit in the contention that the suit will not be maintainable in case respondent no. 1 was not entitled to be appoint... | 1 | 7,619 | 2,595 | ### 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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conviction under Section 267 of the Companies Act cannot be visited upon respondent No. 1. We are unable to find any merit... |
CHATTAR SINGH Vs. MADHO SINGH | shall be settled with such proprietor or such other person by the Government on such terms and conditions as it may determine. 9. Section 4 makes it clear that all lands (cultivable, barren or bir), forest, trees, village- sites, hats, bazars, mela-grounds shall vest in the State automatically free from all encumbrance... | 0[ds]10. In order to save the land from vesting Section 4(2) requires land to be personally cultivated by Zamindar or through employees or hired labourers and another sine qua non in that it should be so recorded in revenue papers as khud-kasht, otherwise all land vest in the State as provided in Section 4(1)(a). Once ... | 0 | 2,872 | 763 | ### 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:
shall be settled with such proprietor or such other person by the Government on such terms and conditions as it may determi... |
R.G.D'Souza Vs. Poona Employees Union | application of a Trade Union inviting the attention of the Registrar of Trade Unions or the Registrar may suo moto take cognizance under the said section. There is no mention in the said provision about cancellation of Registration of Trade Union on application by any other person. The said section permits the Authorit... | 0[ds]. In our considered view, the High Court has correctly held that the wordin the application form and the Rules of the Trade UnionSection 6 of the Act can be considered asThe High Court has rightly held that the wordcould mean that the object the Trade Union was to operate in all types of industries in Pune Distric... | 0 | 3,483 | 397 | ### 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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application of a Trade Union inviting the attention of the Registrar of Trade Unions or the Registrar may suo moto take c... |
Athar Hussain Vs. Syed Siraj Ahmed & Others | case gave the custody of minor to the father rejecting the contention of grandfather (appellant) that the father (respondent) after his remarriage will not be in a position to give fair treatment to the minor. However, in that case, the second wife of the father had been medically proven as unable to conceive. Hence, t... | 1[ds]32. Section 12 of the Act empowers courts to make such order for the temporary custody and protection of the person or property of the minor as it thinks proper. In matters of custody, as well settled by judicial precedents, welfare of the children is the sole and single yardstick by which the Court shall assess t... | 1 | 6,928 | 777 | ### 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:
case gave the custody of minor to the father rejecting the contention of grandfather (appellant) that the father (respond... |
State of Tamil Nadu Vs. Cement Distributors Private Limited & Others | A.N. Ray, C.J.1. This appeal by certificate is on the question whether there was any contract of sale pursuant to which goods were moved from the State of Tamil Nadu to the State of West Bengal.2. The respondent Cement Distributors Private Limited are the agents of the State Trading Corporation. Under the Cement Contro... | 0[ds]8. In the present case, the goods are despatched by the respondent to themselves at Calcutta according to the directions of the state Trading Corporation. This was for Consumption in Calcutta area as will appear from the authorisation dated 4 November, 1961. The other authorisation letter dated 22 November 1961 wa... | 0 | 889 | 284 | ### 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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A.N. Ray, C.J.1. This appeal by certificate is on the question whether there was any contract of sale pursuant to which good... |
K.C.P. Limited Vs. State Trading Corporation of India and Another | Pradesh against the judgment and order dismissing their suit. O.S.A. No.5/74 was filed by the appellant against the decree which was passed against them in C.S. No.1/70 while O.S.A. No.9/74 was filed by the State Trading Corporation in respect of the judgment and order in C.S.No.1/70 in so far as it directed the State ... | 0[ds]7. The Andhra Pradesh High Court has examined in detail the entire correspondence which was exchanged between the appellant and/or its Chairman and the Government of India as also the Government of the concerned States in connection with the setting up of the factory of the appellant and the concessional rate at w... | 0 | 2,630 | 910 | ### 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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Pradesh against the judgment and order dismissing their suit. O.S.A. No.5/74 was filed by the appellant ag... |
S.P. Jaiswal and Ors Vs. Commissioner of Income Tax | balance amount in deposits and the question for consideration was whether the income derived by the wife from the said deposits and shares had to be assessed in the hands of the assessee under Section 16(3)(1)(iii) of the Income-tax Act, 1922. This Court held that the transfers in question were direct transfers and the... | 0[ds]10. The assessee also relied upon the decision of this Court in the case of Commissioner of Income-tax, Punjab, Jammu And Kashmir, and Himachal Pradesh v. 5. Raghbir Singhwherein the question for consideration was whether the assessee who had created a trust in respect of the shares which he had obtained in the pa... | 0 | 3,139 | 912 | ### 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:
balance amount in deposits and the question for consideration was whether the income derived by the wife from the said de... |
Prabhakar Vs. Joint Director, Sericulture Department & Another | only subjective satisfaction based on material on record. Since, we are not concerned with the satisfaction dealing with cases where there is apprehended industrial dispute, discussion that follows would confine to existence of an industrial dispute. Dispute or difference arises when one party make a demand and other p... | 0[ds]7. From the facts narrated above, it becomes clear that for a period of fourteen years no grievance was made by the petitioner qua his alleged termination. Though it was averred that the petitioner had approached the Management time and again and was given assurance that he would be taken back in service, there is... | 0 | 9,070 | 2,544 | ### 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:
only subjective satisfaction based on material on record. Since, we are not concerned with the satisf... |
Sarojini Tea Co.Pvt.Ltd., Vs. Collector Of Dibrugarh | settlement, is required to be assessed. The need for assessment arises on account of the fact that surcharge is not leviable on a person holding land measuring less than 10 bighas and, therefore, before making a demand for surcharge it is necessary to determine whether a person from whom demand is made is liable under ... | 1[ds]But taking into consideration the peculiar circumstances of the proceedings and upon consideration of the principles of natural justice and fair play, the District Judge condoned the delay in the filing of the appeal. Since there is nothing in the Ceiling Act which excluded the applicability of Section 4 to 24 of ... | 1 | 5,396 | 1,706 | ### 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:
settlement, is required to be assessed. The need for assessment arises on account of the fact that surcharge is n... |
Asbestos Cement Ltd Vs. P.D. Sawarkar & Ors | award imposed a burden of about Rs. 40 lacs by way of arrears, the award having been made retrospective in operation, and Rs. 5 58 lacs as and by way of recurring liability every year. 4. Aggrieved by the said award the appellant-company filed a writ petition under Article 226 of the Constitution being Special Civil Ap... | 1[ds]6. Quite apart from this consideration, the petition filed by the appellant-company for a writ of certiorari and for quashing the said Part I Award under Article 226 was- a proceeding independent of the dispute between the parties. Such a writ proceeding was not an interlocutory proceeding nor was the order dismis... | 1 | 1,529 | 1,895 | ### 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:
award imposed a burden of about Rs. 40 lacs by way of arrears, the award having been made retrospective in operat... |
Commissioner of Income Tax-I Vs. M/s. Reliance Energy Ltd. (Formerly BSES Ltd.) through its M.D | other contention of the Revenue is that sub-section (5) of Section 80-IA refers to computation of quantum of deduction being limited from eligible business by taking it as the only source of income. It is contended that the language of sub-section (5) makes it clear that deduction contemplated in sub-section (1) is onl... | 0[ds]The claim of the Assessee that deduction under Section 80-IA should be allowed to the extent of gross total income was rejected by the Assessing Officer.As stated above, Section 80AB was inserted in the year 1981 to get over a judgment of this Court in Cloth Traders (P) Ltd. (supra). The Circular dated 22.09.1980 ... | 0 | 4,237 | 1,469 | ### 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:
other contention of the Revenue is that sub-section (5) of Section 80-IA refers to computation of quantum of deduction bei... |
M/S Lilasons Dreweries (P) Ltd. 7 Anr Vs. State Of Madhya Pradesh | P. v. Firm Gappulal ( 1976 (1) SCC 791 : 1976 SCC(Tax) 71 : 1976 (2) SCR 1041 ) and then again in a case from Uttar Pradesh in Excise Commissioner, U. P. v. Ram Kumar 1976 (3) SCC(Tax) 360 : 1976 Supp SCR 532). Now if the exaction under Rule 22 of the Brewery Rules is an exaction not authorised under Section 25 and is ... | 1[ds]4. The State has the exclusive right or privilege of manufacture or sale of liquor. There is no fundamental right of any citizen to carry on trade and business of liquor. This is the settled position of law.9. The excise duty collected goes to the coffers of the State. The pay of officers has to come out from coff... | 1 | 3,312 | 714 | ### 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:
P. v. Firm Gappulal ( 1976 (1) SCC 791 : 1976 SCC(Tax) 71 : 1976 (2) SCR 1041 ) and then again in a case from Uttar Pradesh... |
MAHAVEER KUMAR JAIN Vs. COMMNR. OF INCOME TAX | irrespective of the place of residence, income accruing or arising in Sikkim, would not be taxable in India, as per clause (k) of Article 371F of the Constitution and is taxable only under the Sikkim State Income Tax Rules, 1948. The contention seems to be based on erroneous assumption and the simple answer to the said... | 1[ds]e case of the assessee is that irrespective of the place of residence, income accruing or arising in Sikkim, would not be taxable in India, as per clause (k) of Article 371F of the Constitution and is taxable only under the Sikkim State Income Tax Rules, 1948.The contention seems to be based on erroneous assumptio... | 1 | 3,005 | 685 | ### 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:
irrespective of the place of residence, income accruing or arising in Sikkim, would not be taxable in Indi... |
Ram Sarup Vs. The District Land Acquisition Officer, Aligarh & Others | declare under Section 6 that he was satisfied that the land mentioned in the schedule was needed for a public purpose. Under Section 7 the Collector was directed to take order for the acquisition of the land. In the schedule the same words appeared as appeared in the notification under Section 4 viz. : "For what purpos... | 0[ds]6. In our judgment the above decision is clearly distinguishable from the facts of the present case. As already mentioned, in both the notification issued under Sections 4 and 6 of the Act is was clearly mentioned in the schedule that the purpose for which the acquisition was being made was the construction of res... | 0 | 1,293 | 442 | ### 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:
declare under Section 6 that he was satisfied that the land mentioned in the schedule was needed for a public pur... |
Khadi Gram Udyog Trust Vs. Shri Ram Chandraji Virajman Mandir Sarsaiya Ghat | on him. Another opportunity for payment of rent is provided to the tenant under section 20(4) which provides that "In any suit for eviction on the ground mentioned in clause (a) of sub-section (2), if at the first hearing of the suit the tenant unconditionally pays or tenders to the landlord or deposits in Court the en... | 0[ds]It is not disputed that several notices were served on the appellant and that he failed to pay the rent within one month from the date of the service of the notice of demand on him. Another opportunity for payment of rent is provided to the tenant under section 20(4) which provides that "In any suit for eviction o... | 0 | 1,868 | 1,038 | ### 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:
on him. Another opportunity for payment of rent is provided to the tenant under section 20(4) which provides that "In any... |
Jijabai Vithalrao Gajre Vs. Pathankhan & Ors | and after him the mother. The position in the Hindu Law before this enactment was also the same. That is why we have stated that normally when the father is alive he is the natural guardian and it is only after him that the mother becomes the natural guardian. But on the facts found above the mother was rightly treated... | 0[ds]11. We are not impressed with this contention of Mr. Sanghi. Mr. Sanghi referred us to certain decisions where the powers of a guardian of a minor have been considered. But in the view that we take that the contention of Mr. Sanghi in this regard is not acceptable to us, no useful purpose will he served by referen... | 0 | 4,143 | 1,026 | ### 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:
and after him the mother. The position in the Hindu Law before this enactment was also the same. That is why... |
MONTHI MENEZES(D) BY LR Vs. DEVAKI AMMA (D) BY LR | the extent of 3.07 acres after finding that such parcel of land was being used for agricultural purposes and without this land, the applicant cannot cultivate the other parcels of land. After the matter was remanded by the High Court for reconsideration, the Tribunal undertook fresh inquiry as regards the said land of ... | 1[ds]5. We have taken note of the relevant part of the observations made by the Land Tribunal as also by the High Court in this matter. In a comprehension of the entire matter, we are constrained to observe that while disapproving the order passed by the Land Tribunal, the High Court appears to have proceeded either on... | 1 | 3,614 | 508 | ### 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:
the extent of 3.07 acres after finding that such parcel of land was being used for agricultural purposes and without this l... |
COLLECTOR OF CENTRAL EXCISE, AHMEDABAD Vs. METEOR SATELLITE LTD | 1. This appeal has been filed by the Revenue against the judgment of the Customs, Excise & Gold (Control) Appellate Tribunal (hereinafter referred 10 as the Tribunal) dated 16-10-1987. The only question which falls for consideration in this appeal is whether the respondent-Company is entitled to avail the benefit of th... | 0[ds]5. In the order dated 4-2-1997 passed by a two-Judge Bench of this Court whereby this matter has been referred to a larger Bench, reference has been made to the decision of this Court in Collector of Central Excise, Madras Vs. Arason and Company, In that case the Court has considered Notification No. 80/80 dated 1... | 0 | 774 | 257 | ### Instruction:
Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document.
### Input:
1. This appeal has been filed by the Revenue against the judgment of the Customs, Excise & Gold (... |
Commissioner of Income Tax, West Bengal, and Another Vs. George Henderson and Company Limited | it sold the shares to Giridharilal Mehta at Rs. 136 per share when the market price of the shares stood at Rs. 620 per share and also why Giridharilal Mehta again sold the shares on the same date at Rs. 100 per share at a loss of Rs. 54, 000, and then again within a few months thereafter, why Jardine Skinner & Co. sold... | 1[ds]We are unable to accept this contention as correct. It is manifest that the consideration for the transfer of capital asset is what the transferor receives in lieu of the asset he parts with, namely, money or moneys worth and, therefore, the very asset transferred orh cannot be the consideration for the transfer. ... | 1 | 3,764 | 709 | ### Instruction:
Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding.
### Input:
it sold the shares to Giridharilal Mehta at Rs. 136 per share when the market price of the shares stood at Rs. 62... |
Dredging Corp.Of India Ltd Vs. P.K.Bhattacherjee | Vikramajit Sen, J. CIVIL APPEAL NO. 8278 OF 2013 [Arising out of S.L.P.(C)No.26414 of 2011] 1. Leave granted. We have heard learned counsel for the parties in detail. The Commissioner, Workmen?s Compensation (1st Court), West Bengal held on 24.6.2010 that the Applicant/Respondent had met with an accident on 27.12.1999 ... | 1[ds]3. For these reasons, it appears to us to be expedient and just to set aside the impugned order as well as the order of the Commissioner and remand the matter back to the Court of the Commissioner for fresh adjudication de novo. It would then be advisable that a specific issue be struck as to whether the employee?... | 1 | 854 | 156 | ### 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:
Vikramajit Sen, J. CIVIL APPEAL NO. 8278 OF 2013 [Arising out of S.L.P.(C)No.26414 of 2011] 1. Leave granted. We have hear... |
State of Rajasthan Vs. Kashi Ram | that the respondent made only a bald denial of all the incriminating circumstances put to him, and had no explanation to offer.26. It was then submitted on behalf of the respondent that the neighbourers who had stated that they had seen the respondent and deceased Kalawati on the evening of February 3, 1998 were not ex... | 1[ds]15. So far as the recoveries are concerned, the High Court has not accepted the same since PW-6, Inder Bhan admitted in the course of his cross-examination that the waist chord which had been used for strangulating Kalawati was recovered much earlier from the scene of offence by the police itself. Moreover, the wa... | 1 | 6,420 | 1,253 | ### Instruction:
Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document.
### Input:
that the respondent made only a bald denial of all the incriminating circumstances put to him, an... |
Nandlal And Others Vs. Moti Lal | SHINGHAL J.1. In this appeal by special leave against the judgment of the Bombay High Court (Nagpur Bench) dated December 16, 1974, the only question which has been raised for our consideration is whether the provisions of clause 13 of the Central Provinces and Berar Letting of Houses and Rent Control Order, 1949, here... | 0[ds]The High Court has taken the view that as a fresh notification was not issued under section 2 of the Act when the Tiroda Municipality was constituted on June, 12, 1956, the provisions of the Rent Control Order did not "automatically become applicable to premises within the limits of a new Municipality by virtue of... | 0 | 701 | 357 | ### 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:
SHINGHAL J.1. In this appeal by special leave against the judgment of the Bombay High Court (Nagpur B... |
The Commissioner Of Gift-Tax, Kerala Vs. Dr. George Kuruvilla | Shah, J.1. By our order dated 1-1-1969, we directed the Income-tax Appellate Tribunal to submit a supplementary statement of the case together with a copy of the deed of gift dated February 3, 1960 executed by the respondent. The Tribunal has submitted the supplementary statement of the case together with a copy of the... | 1[ds]6.We are unable to agree with the views so expressed. The donor is exempt under Section 5 (1) (xiv) from liability to pay tax only if the gift is in the course of carrying on a business, profession or vocation and is made bona fide for the purpose of such business, profession or vocation. The clause does not enact... | 1 | 1,067 | 186 | ### 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:
Shah, J.1. By our order dated 1-1-1969, we directed the Income-tax Appellate Tribunal to submit a suppl... |
E.I.D. Parry (India) Ltd Vs. Asst.Comnr. Of Commercial Taxes,Chennai | (1) of Section 24 deals with an assessed tax or tax which has become payable under the Act. In cases covered by Section 13(2) tax must be paid without any notice of demand. But as stated above, under Section 13(2) tax is to be paid "on the basis of such returns". Tax as per the returns has admittedly been paid. If the ... | 1[ds]11. Thus the Assessment Order levying interest on the entire price fixed under Clause 5-A and the Judgments of the Tribunal and the High Court upholding that are clearly erroneous. As stated above, the price fixed under Clause 5-A would not be known till much later. Thus, it would be impossible to show it in the m... | 1 | 4,987 | 2,122 | ### 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:
(1) of Section 24 deals with an assessed tax or tax which has become payable under the Act. In cases covered by Se... |
Shri Sant Eknath Sahakari Sakhar Karkhana Limited Vs. Aurangabad Paper Mills Limited and Others | the civil suit in the court, whether the decree passed by the First Appellate Court and the High Court, in second appeal is null Appellate and void as without jurisdiction ?(ii) When Section 164 of the Maharashtra Cooperative Societies Act, 1960 requires mandatory notice to be served by the plaintiff before filing the ... | 0[ds]3. So far as the first and second grounds are concerned, learned counsel for the appellant very fairly does not press the same in view of this Courts decision in Marine Times Publications (P) Ltd. v. Shriram Transport and Finance Co. Ltd. What survives, therefore, is the third ground. So far as the third ground is... | 0 | 1,363 | 686 | ### Instruction:
Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding.
### Input:
the civil suit in the court, whether the decree passed by the First Appellate Court and the High Cour... |
Shree Vishal Printers Ltd Vs. Fund Commissioner, Jaipur and Ors | same building as BCCL, Jaipur, albeit stated to be at a different floor. One of the clauses, which has been referred to, which shows that there was no exclusivity of dealing, is clause 28, which reads as under: "28. ?SHREE VISHAL? will be at full liberty to undertake any other contract for printing newspaper/journals f... | 0[ds]18. We may note at this stage itself that though, in principle, there can be no dispute on this proposition, it does not really appeal to us for the reason that it was intrinsically predicated on the ground that BCCL, Jaipur was a different establishment. Once that is conceded as not so, BCCL, Jaipur was really on... | 0 | 6,090 | 1,901 | ### 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:
same building as BCCL, Jaipur, albeit stated to be at a different floor. One of the clauses, whic... |
Mahabir Commercial Co. Ltd Vs. Commissioner of Income Tax, West Bengal | place outside British India and ex-hypothesi, the profits derived from such sales arose outside British India. An argument was advanced before the Court that under the provisions in the contract for weighment and assay which was ultimately to fix the price unless the buyer rightly rejected the goods as not being in ter... | 1[ds]12. On the facts as found, (1955) 27 ITR 128 (supra) by this Court is clearly distinguishable, because in that case the assessee company which is the seller had shipped the goods under a bill of lading issued in its own name and that under the contract it was not obliged to part with the bill of lading until the b... | 1 | 9,019 | 1,420 | ### 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:
place outside British India and ex-hypothesi, the profits derived from such sales arose outside Briti... |
Special Land Acquisition & Rehabilitation Officer, Sagar Vs. M. S. Seshagiri Rao & Anr | the land at the date of the notification, and the measure of that market value is what a willing purchaser may at the date of the notification under S. 4 pay for the right to the land subject to the option vested in the Government. 4. The High Court also placed reliance upon the judgment of the Madras High Court in Sta... | 1[ds]The High Court rejected that contention observing, that the Government availing itself of the machinery under the Land Acquisition Act for compulsory acquisition and treating the subject-matter of the acquisition as not belonging to itself but to others, is under an obligation to pay compensation as provided in th... | 1 | 1,733 | 566 | ### Instruction:
Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding.
### Input:
the land at the date of the notification, and the measure of that market value is what a willing purchaser may at ... |
Commissioner Of Income Tax Vs. Mysodet | than that declared within the period of twelve months referred to in sub-section (1) would be unreasonable; or (ii) that the payment of a dividend or a larger dividend than that declared within the period of twelve months referred to in sub-section (1) would not have resulted in a benefit to the revenue; or (iii) that ... | 1[ds]8. In the instant case, during the year under reference, the company had paid a sum of Rs. 1,23,053/to its Managing Director as a loan and the balance amount left with the company was admittedly not sufficient to distribute as dividend among other shareholders. Therefore, the company had contended that in view of ... | 1 | 2,490 | 1,148 | ### Instruction:
Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction.
### Input:
than that declared within the period of twelve months referred to in sub-section (1) would be unreasonable; or (ii) that the... |
Karnati Ravi Vs. Commnr., Survey Settlements And Land Records | Kurian Joseph, J.1. The issue raised in these Appeals pertains to the question whether in the matter of selection and appointment, executive instructions pertaining to the procedure of selection, which is not prescribed under the Rules can rule the field.2. The appellants participated in the selection for appointment a... | 0[ds]4. We are afraid this contention cannot be appreciated.5. It may be seen that even a written examination is not a procedure prescribed under the Rules. The Rules only provide the essential qualifications for the post. The method of selection, in the absence of Rules has to be supplied by the executive instructions... | 0 | 377 | 232 | ### 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:
Kurian Joseph, J.1. The issue raised in these Appeals pertains to the question whether in the matter of selection ... |
Budhram Kashiram Vs. State Of Bihar | account of aggregate sales to registered dealers for reasons given by it is legally valid." 2. The assessee-appellant is a registered dealer under the Act. The assessments with which we are concerned in these cases relate to the periods November 2, 1956, to March 31, 1957, 1957-58 and 1958-59. The assessee was assessed... | 1[ds]As mentioned earlier the assessees application under section 25(2) of the Act was summarily dismissed by the High Court.There can be hardly any doubt that the question whether the assessee is entitled to deduct under the provisions of the Act from his total turnover, the turnover relating to the sales to the regis... | 1 | 1,181 | 201 | ### 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:
account of aggregate sales to registered dealers for reasons given by it is legally valid." 2. The assessee-appellant is a... |
BBR (INDIA) PRIVATE LIMITED Vs. S.P. SINGLA CONSTRUCTIONS PRIVATE LIMITED | placing the supervisory jurisdiction over all arbitration proceedings in connection with the arbitration proceedings with one court exclusively. The aforesaid observation supports our reasoning that once the jurisdictional seat of arbitration is fixed in terms of sub-section (2) of Section 20 of the Act, then, without ... | 0[ds]15. Interpretation of the term court, as defined in sub-clause (e) to sub-section (1) of Section 2 of the Act, had come up for consideration before a Constitutional Bench of five Judges in the case of Bhartiya Aluminium Company v. Kaiser Aluminium Technical Services Inc (2012) 9 SCC 552 ; BALCO case, for short, wh... | 0 | 7,242 | 5,080 | ### Instruction:
Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case.
### Input:
placing the supervisory jurisdiction over all arbitration proceedings in connection with the arbitration pro... |
Mahanth Ram Das Vs. Ganga Das | proper remedy was review. The appellant then filed another petition under S. 151, read with O. 47, R. 1 of the Code of Civil Procedure, setting out the reasons why he was unable to find the money. He stated that he was seriously ill, and though he had attempted to raise a loan, he was unable to get sufficient money, as... | 0[ds]If the Court had considered the application and rejected it on merits, other considerations might have arisen; but the High Court in the order quoted, went by the letter of the original order under which time for payment had been fixed. Section 148 of the Code, in terms, allows extension of time, even if the origi... | 0 | 1,767 | 421 | ### 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:
proper remedy was review. The appellant then filed another petition under S. 151, read with O. 47, R. 1 of t... |
K. V. Narayanan Vs. K. V. Ranganandhan & Ors | Pathy was in the nature of remuneration for the services to be rendered by him. It will be useful in this connection to refer to the decision of this Court in Raj Kumar Singh Kukam Chandji v. Commissioner of Income-tax, Madhya Pradesh where on the question whether the managing directors remuneration received by the ass... | 0[ds]In the instant case we are unable to find that there was any intention on the part of Kota Venkatachala Pathy of abandoning his separate rights over the properties set out in Schedule D-1 to the deed of partition. The mere fact that these properties were not separately entered by Kota Venkatachala Pathy in the acc... | 0 | 3,728 | 329 | ### 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:
Pathy was in the nature of remuneration for the services to be rendered by him. It will be useful in this c... |
Management Of Borpukhurie Tea Estate Vs. Presiding Officer, Industrial Tribunal Assam And Anr | Industrial Tribunal refused to treat the Managements original application under section 33 (2) of the Act as one under section 33 (3) (b) of the Act and rejected the same as not maintainable holding t hat the Management had violated the provisions of the Act in dismissing the respondent who was admittedly a protected w... | 1[ds]We find considerable force in the submissions made by Mr. Nariman. The facts and circumstances of the case especially the underlined portions of the correspondence reproduced above i.e. the appellants very first letter dated November 10, 1966 to the respondent which expressly stated that as the latter had been fou... | 1 | 2,324 | 1,077 | ### 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:
Industrial Tribunal refused to treat the Managements original application under section 33 (2) of the Act as one u... |
MOHAMMED SIDDIQUE Vs. NATIONAL INSURANCE COMPANY LTD | loss of dependency propounded in Davies v. Powell (1942) AC 601 or the alternative method evolved in Nance v. British Columbia Electric Supply Co. ltd (1951) AC 601 should be followed. 22. Trilok Chandra merely affirmed the principle laid down in Susamma Thomas that the multiplier method is the sound method of assessin... | 1[ds]12. It is seen from the material on record that the accident occurred at about 2:00 a.m. on 5.09.2008. Therefore, there was no possibility of heavy traffic on the road. The finding of fact by the Tribunal, as confirmed by the High Court, was that the motor cycle in which the deceased was travelling, was hit by the... | 1 | 3,730 | 2,718 | ### 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:
loss of dependency propounded in Davies v. Powell (1942) AC 601 or the alternative method evolved in Nance v. British Colu... |
Union Of India & Ors Vs. M/S Exen Industries | for raw materials will, ordinarily, be issued subject to the availability of foreign exchange on the basis of certified requirements for twelve months consumption; but the certified requirements will be scrutinised by the licensing authority and an appropriate reduction will, where necessary, be made after taking into ... | 1[ds]The petitioner contended that on the basis of this paragraph he was entitled to a license on the basis of certified requirements for twelve months consumption. But the very same paragraph shows that the certified requirements will have to be scrutinised after taking into account the past imports of the item in que... | 1 | 2,150 | 747 | ### 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:
for raw materials will, ordinarily, be issued subject to the availability of foreign exchange on the basis of... |
M/S. Ntpc Ltd Vs. M.P. State Electiricity Board | not have been brought in to award interest to the Electricity Boards.27. It is true that there was delay in the process of determination of the tariff. We are informed that the Commission became functional only on 15.5.1999. NTPC had filed the tariff petitions duly as required by the Central Commission. The delay in th... | 1[ds]26. It is true that the power to make restitution is inherent in every Court as observed by this Court in Kavita Trehan and Anr. Vs. Balsara Hygiene Products Ltd. reported in (1994 (5) SCC 380 ) which was relied upon by the council for the Electricity Boards. Thus, restitution will apply even where the case does n... | 1 | 6,484 | 1,352 | ### 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:
not have been brought in to award interest to the Electricity Boards.27. It is true that there was delay in t... |
Takaseela Pedda Subba Reddy Vs. Pujari Padmavathamma & Ors | the sale with respect to the properties situated in village Gudipadu, but granted a certificate to the appellant to file an appeal in this Court and hence this appeal before us.In this appeal the facts are more or less undisputed and the only serious point argued by the appellant is that the High Court was in error in ... | 0[ds]It is true that the High Court has not considered this aspect of the matter, but in our opinion the contentions raised by the appellant are wholly untenable. It is not disputed that the warrant of sale was prepared long after the 5th respondent/decree holder had obtained the second decree in O.S. 19 of 1953 and ye... | 0 | 1,794 | 882 | ### 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 sale with respect to the properties situated in village Gudipadu, but granted a certificate to the appellant to file an ... |
Rajesh & Others Vs. Rajbir Singh & Others | Claims Tribunal under sub- Section (6) of Section 158 has to be treated as an Application for Compensation. Section 158 (6) of the Act reads as follows: "158. Production of certain certificates, licence and permit in certain cases.-(1) to (5) xxx xxx xxx(6) As soon as any information regarding any accident involving de... | 1[ds]19. In a report on accident, there is no question of any reference to any claim for damages, different heads of damages or such other details. It is the duty of the Tribunal to build on that report and award just, equitable, fair and reasonable compensation with reference to the settled principles on assessment of... | 1 | 3,349 | 427 | ### Instruction:
Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding.
### Input:
Claims Tribunal under sub- Section (6) of Section 158 has to be treated as an Application for Compens... |
Sant Ram And Ors Vs. Labh Singh And Ors | considered reasonable in view of Art. 15 of the constitution.3. If this ruling applies the present appeal must succeed. Mr. B.C. Misra who appears for Labh Singh attempts to distinguish Bhau Rams case, (1962) Supp 3 SCR 724 :, (AIR 1962 SC 1476 ). He contends that the earlier case was concerned with a legislative measu... | 1[ds]The definition of the phrase "laws in force" is an inclusive definition and is intended to include laws passed or made by a Legislature or other competent authority before the commencement of the Constitution irrespective of the fact that the law or any part thereof was not in operation in particular areas or at a... | 1 | 1,730 | 369 | ### 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:
considered reasonable in view of Art. 15 of the constitution.3. If this ruling applies the present appeal mus... |
Ahmedabad Manufacturing & Calico Printing Co. Ltd Vs. Workmen & Anr | Court that the order dismissing the writ petition as withdrawn could not constitute a bar of res judicata.13. Counsel for the respondent union has contended that the order of rejection may be either explicit or implicit and that it can be shown from the circumstances of the present case that the leave petition was with... | 1[ds]It was contended for the appellant that the order of this Court permitting the appellant to withdraw the leave petition should be read as it is and that so read the order only means that the Company had withdrawn the leave petition. It was urged that the mere fact that the appellant chose to withdraw the leave pet... | 1 | 3,513 | 1,632 | ### 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:
Court that the order dismissing the writ petition as withdrawn could not constitute a bar of res judicata.1... |
Uco Bank Vs. Comm.Of Income Tax, West Bengal | longer available to the assesses and those circulars could not be resorted to for the purpose of overcoming the provisions of the Act. Interestingly, the concurring judgment of the second judge has not dealt with this question at all but has decided the matter on the basis of other provisions of law. 16. The said circu... | 1[ds]Under the accounting practice, interest which is transferred to the suspense account and not brought to the profit and loss account of the company is not treated as income. The question whether in a given case such accrual of the interest is doubtful or not, may also be problematic. If, therefore, the Board has co... | 1 | 5,690 | 1,930 | ### 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:
longer available to the assesses and those circulars could not be resorted to for the purpose of overcoming the provision... |
State of Madras Vs. M. N. A. Abdul Rahiman | SHAH, J.1. The respondents are dealers in tobacco and tobacco products and were assessed to sales tax for the years 1956-57 and 1957-58 in respect of their turnover on sales of chewing tobacco. Their objections to assessment of turnover from sale of chewing tobacco were overruled by the taxing authority and by the appe... | 1[ds]3. In view of the judgment of this Court in The State of Madras v. Swasthik Tobacco Factory ([1966] 17 S.T.C. 316) and The State of Madras v. M/s. Bell Mark Tobacco Company (C.As. Nos.of 1965 decided on October 4, 1966; [1967] 19 S.T.C. 129), counsel for the respondents have not sought to contend that they were en... | 1 | 343 | 178 | ### 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:
SHAH, J.1. The respondents are dealers in tobacco and tobacco products and were assessed to sales tax f... |
Hindustan Hosiery Industries Vs. F. H. Lala And Another | consider the position from the point of view of the worker; the capacity of the employer to pay such a wage being irrelevant. The fair wage also must take note of the economic reality of the situation and the minimum needs of the worker having a fair-sized family with an eye to the preservation of his efficiency as a w... | 0[ds]9. It is well settled that no industry can be allowed to carry on its business, if it is unable to pay the minimum wage to its employees. The industry with which we are concerned is, however, not a scheduled industry in which the State Government has fixed any minimum wage under the Minimum Wages Act. The appellan... | 0 | 4,888 | 1,052 | ### 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:
consider the position from the point of view of the worker; the capacity of the employer to pay s... |
Kamakshaya Narayan Singh Vs. Chohan Ram & Another | ground that as he had acquired the property in the condition in which it was when mortgaged, the lease which would otherwise run till 7th July 1872, did not bind him. The Court of first instance overruled this contention as too broadly formulated, and held that as the mortagor had in good faith granted the lease for a ... | 1[ds]10.In our opinion S. 66, T. P. Act, has nothing to do with the mortgagors power to lease the mortgaged property. Section 66 is a statutory enactment of the powers of the mortgagor in possession in regard to waste of mortgaged property. The mortgagor in possession is not liable for what in terms of the English Law ... | 1 | 3,562 | 544 | ### 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:
ground that as he had acquired the property in the condition in which it was when mortgaged, the lease ... |
Municipal Board, Bareilly Vs. Bharat Oil Company And Ors | matters referred to in Section 153 and publish the same. When the proposals have been sanctioned the state Government makes the necessary rules in respect of the tax under Section 296. The rules referred to in Section 128(1) are rules thus framed by the state Government under Section 296 in respect of matters referred ... | 1[ds]13. As pointed out by this Court in Municipal Board, Hapur v. Raghuvendra Kripal ((1966) 1 SCR 950 : AIR 1966 SC 693 ) taxes raised by a local authority are not imposed by it as a legislature but as a delegate of the legislature. The tax is a valid one if it is one of the taxes the local authority can raise and th... | 1 | 2,892 | 1,463 | ### 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:
matters referred to in Section 153 and publish the same. When the proposals have been sanctioned the state Go... |
Industrial Chemical Corporation Vs. Excise Commissioner, U.P., Allahabad | which the section was for the time being in force. By Section 8 the Central Government was authoirsed by notification to direct that any power conferred by the Act, subject to such conditions, if any, as may be specified in the direction, be exercisable by such officer or authority subordinate to the Central Government... | 0[ds]This contention is, for reasons to be presently set out, wholly without substance. The relevant statutory provisions and rules framed thereunder which have a bearing on the plea raised by the petitioners may be briefly reviewed.It is clear from the provisions of the Indian Power Alcohol Act and the Rules framed un... | 0 | 2,638 | 720 | ### 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:
which the section was for the time being in force. By Section 8 the Central Government was authoirsed by no... |
WAPCOS LTD Vs. SALMA DAM JOINT VENTURE | arbitration cannot be resurrected merely because clause 20 of CoPA has not been expressly modified in the AoA. Hence, even this reason does not commend us. 33. As these are the only reasons which had weighed with the High Court to reject the argument of the appellant(s) regarding non-existence of arbitration agreement ... | 0[ds]Going by the Contract Agreement read with relevant clauses of CoPA and FIDIC, it is obvious that the parties had agreed for resolution of all their differences or disputes arising from the Contract Agreement by process of settlement of disputes and arbitration23. It is pertinent to note that the execution of state... | 0 | 6,603 | 1,562 | ### 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:
arbitration cannot be resurrected merely because clause 20 of CoPA has not been expressly modifie... |
Bhikaji Keshao Joshi And Another Vs. Brijlal Nandlal Biyani And Others | nominations papers but that they were summarily overruled by the Returning Officer without any enquiry and that accordingly the objections to the disqualification have been raised in the application. The objections are as follows :"6. The material facts in support of the grounds are as follows:(a) The election of candi... | 1[ds]Learned counsel for the appellants attempted to attack the validity of the decision of the Tribunal now under appeal on the same ground. But this having been already determined against the petitioners in the previous proceedings, we declined to allow the matter to be reopened. On the other side, the learned Attorn... | 1 | 7,367 | 1,486 | ### 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:
nominations papers but that they were summarily overruled by the Returning Officer without any enquiry and that according... |
Commissioner of Income Tax, Uttar Pradesh Vs. Bharat Engineering and Construction Company | HEGDE, J.1. The controversy in this appeal is whether a question of law arises from the order of the Tribunal. The Tribunal came to the conclusion that the cash credit entries totalling Rs. 2, 50, 000 brought to tax by the Income-tax Officer on the ground that they represented the income of the assessee-respondent from... | 0[ds]In our opinion, though the order of the Tribunal is not happily worded, its finding appears to be that in the very nature of things the assessee could not have earned such a huge amount as profits very soon after it commenced its activities. A construction company takes time to earn profits. It could not have earn... | 0 | 660 | 212 | ### 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:
HEGDE, J.1. The controversy in this appeal is whether a question of law arises from the order of the ... |
UNION OF INDIA (UOI) Vs. H.M.M. LTD | 1. As per Office Report dated 17th day of September, 2011 service of notice is complete on both the Respondents by way of publication, but no one has entered appearance on their behalf so far. The Appeal has been set down for hearing ex-parte against both the Respondents. 2. This Appeal is directed against the judgment... | 1[ds]4. In our view, the aforesaid question of law is no more res integra in view of the decisions of this Court in Wallace Flour Mills Co. Ltd. Vs. Collector of Central Excise, Bombay, Division III, Collector of Central Excise, Madras Vs. Newman Press and Others, and Collector of Central Excise Vs. Polyset Corporation... | 1 | 590 | 428 | ### 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. As per Office Report dated 17th day of September, 2011 service of notice is complete on both the Respondents by way of ... |
Rustom & Hornsby (1) Ltd Vs. T. B. Kadam | is not an industrial dispute unless it is sponsored by the union to which he belongs or a group of workmen. The charge made by S. 2A is that in certain cases such a dispute need not be so sponsored and it will still be deemed an industrial dispute. Supposing in this very case a labour union or a group of workmen had sp... | 1[ds]We are not able to accept this contention. Section 2A is in effect a definition section. It provides in effect that what would not be an industrial dispute as defined in S. 2(k) as interpreted by this Court would be deemed to be an industrial dispute in certain circumstances. As was pointed out by this Court in Ch... | 1 | 2,716 | 984 | ### 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:
is not an industrial dispute unless it is sponsored by the union to which he belongs or a group of wo... |
Star India Pvt. Ltd Vs. Sea T.V. Network Ltd. | the present case the Agreement provides that Moon Network Pvt. Ltd. will operate on principle to principle basis and will not be an agent of Star India Pvt. Ltd. (Broadcaster). In that Agreement it is expressly provided that Moon Network Pvt. Ltd. would not be entitled to use any other medium except ground cable. Under... | 1[ds]12. Firstly, we do not find any error in the judgment which has held that in providing signals to a distributor through an agent who is also in turn a distributor is per se discriminatory. We agree with the contention of Mr. Rohtagi learned senior counsel that in the case of overlap of functions to be performed by... | 1 | 5,575 | 1,499 | ### 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 present case the Agreement provides that Moon Network Pvt. Ltd. will operate on principle to principle basis and will ... |
National Insurance Co.Ltd Vs. Sebastian K.Jacob | Dr. Arijit Pasayat, J. 1. Leave granted. 2. The controversy lies within a very narrow compass. The appellant had filed appeal before the Kerala High Court questioning the correctness of a judgment rendered by Motor Accident Claims Tribunal, Thalassery. The award was passed in favour of the respondent allowing him to re... | 1[ds]5. It conceded that if there is difference of amount the appellant has to pay the same, but that is not the case in the present scenario. The claimant claims the whole amount. The earlier payment is not disputed. In fact, the Oriental Insurance Company Ltd. has clearly accepted that the vehicle collided with the s... | 1 | 384 | 96 | ### 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:
Dr. Arijit Pasayat, J. 1. Leave granted. 2. The controversy lies within a very narrow compass. The appellant had f... |
SMT. KAVITA Vs. THE STATE OF UTTAR PRADESH THROUGH SECRETARY | upon and the no confidence motion has been passed against the appellant by majority, no further enquiry into the grounds urged by the appellant is warranted. Be that as it may, even the first ground urged by the appellant has been justly negatived by the High Court following the exposition of the Full Bench of the same... | 0[ds]7. Notably, this Court in the case of Kiran Pal Singh Vs. The State of Uttar Pradesh & Ors. (in C.A. No.2622 of 2018 decided on 17 th May, 2018) 3 has had an occasion to explicate on the purport of Section 15(2) of the Act. In paragraph 15 of this decision the Court observed thus:15. To appreciate the controversy,... | 0 | 1,746 | 479 | ### 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:
upon and the no confidence motion has been passed against the appellant by majority, no further enquiry into the grounds u... |
BHARTIBEN NAYABHA KER Vs. SIDABHA PETHABHA MANKE | CORRIGENDUM 1 After the judgment was delivered on 5 April 2018, the matter has been mentioned for correcting certain typographical mistakes in the judgment. We accordingly correct the judgment dated 5 April 2018 to the following extent: (i) The last sentence of paragraph 4 shall stand corrected to read as follows: ?Sec... | 1[ds]The High Court has computed the total income of the deceased at Rs 91,800 (Rs 55,000 being the income from agriculture and Rs 36,800 being the income from salary). In view of the decision of the Constitution Bench in Pranay Sethi (supra), an addition of 25% is warranted, on account of future prospects having regar... | 1 | 857 | 203 | ### 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:
CORRIGENDUM 1 After the judgment was delivered on 5 April 2018, the matter has been mentioned for corre... |
Kashi Vidyapith Vs. Motilal & Others | known as the Kashi Vidyapith, Varanasi shall be dissolved, and all property movable and immovable, and rights, powers and privileges of the society shall be transferred to and vest in the University and shall be applied to the objects and purposes for which the University is established;" 6. Section 8 of the Act envisa... | 1[ds]4. It is not in dispute that the establishment of university and construction of the buildings including staff quarters, hostels,etc. is a public purpose provided if it is done by an authority within the meaning of Section 3(31) of General Clauses Act. The main emphasis of Shri Chowdhary is that unless the authori... | 1 | 2,158 | 472 | ### 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:
known as the Kashi Vidyapith, Varanasi shall be dissolved, and all property movable and immovable, and rights, powers and ... |
Hindustan Steel Limited Vs. State of Orissa | SHAH, J.1. By order dated August 4, 1969 [Since reported as Hindustan Steel Ltd. v. State of Orissa [1970] 25 S.T.C. 211], this court called for a supplementary statement of the case on the following points :(1) Whether the company charged any profit apart from storage charges for supplying cement and structural steel;... | 1[ds]The Tribunal has submitted the statement of the case which clearly shows that the company had not charged any profit for supplying cement and structural steel from its contractors to whom those commodities had been supplied. The Tribunal has also held that even though there was a small difference between the cost ... | 1 | 407 | 297 | ### 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:
SHAH, J.1. By order dated August 4, 1969 [Since reported as Hindustan Steel Ltd. v. State of Orissa [1970] 25 S.T.C. 211]... |
Ram Kumar Patel Vs. State Of U.P | judicial declaration is that it will be deemed to have never existed. The declaration in Shiv Kumar Pathak had the effect of erasing Rule 14(3) as introduced by the 15th Amendment Rules along with the Appendix introduced therein which also stood completely erased and effaced. We are constrained to record this conclusio... | 1[ds]11. We find that there is no conflict in the notification issued by the Central Government and the amendment to the State Rules since the Notification dated 11th February, 2011 to the extent of suggesting weightage to TET marks can be held to be merely a guideline.12. We have already dealt with the matter in Civil... | 1 | 1,769 | 123 | ### 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:
judicial declaration is that it will be deemed to have never existed. The declaration in Shiv Kumar Pathak had the effect ... |
Shri Girish Vyas & Others Vs. The State of Maharastra & Others | of the primary schools is of utmost importance. Having noted this scenario and the necessity of spaces for primary schools in urban areas, it is rather unfortunate that the then Chief Minister who claims to be an educationist took interest in releasing a plot duly reserved and acquired for a primary school only for the... | 0[ds]53. In the instant case the officers of the Urban Development Department as well as of the PMC took the stand (until it was possible), that the procedure under Section 37 will have to be followed. This was because what was contemplated was a modification of a proposal made in the Development Plan. A reservation fo... | 0 | 47,340 | 1,713 | ### Instruction:
Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding.
### Input:
of the primary schools is of utmost importance. Having noted this scenario and the necessity of spaces for primary schools... |
M/s. Ujagar Prints Vs. Union of India & Others | goods for the purpose of excise must take into account only the manufacturing cost and the manufacturing profit and it must not be loaded with post-manufacturing cost or profit arising from postmanufacturing operation ... .It may be noted that wholesale market in a particular type of goods may be in several tiers and t... | 1[ds]38. We have carefully considered these submissions. In the Empire Industries case ((1985) 3 SCC 314 : 1985 SCC (Tax) 416 : 1985 Supp 1 SCR 292), this Court considered similar submissions in an almost identical context and situation. Learned Judges referred to the observations of this Court in CST v. Harbilas Rai &... | 1 | 14,187 | 5,566 | ### 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:
goods for the purpose of excise must take into account only the manufacturing cost and the manufacturing profit and it mu... |
State of Gujarat Vs. Reliance Industries Ltd | conferring general jurisdiction on High Court in addition to the subordinate courts within the State. 17. Moreover, there is no quarrel about the well-settled proposition of law that taxing statutes are to be interpreted literally See Commissioner of Income Tax-III v. Calcutta Knitwears, Ludhiana (2014) 6 SCC 444 , Sta... | 1[ds]3. A birds eye view of the relevant portion of the aforesaid provision, which is the subject matter of these appeals, reveals that the tax credit which is admissible to the purchasing dealer is subject to provisions of Sub-section (2) of Section 12. Sub-section (3)(b), with which we are primarily concerned, provid... | 1 | 7,330 | 2,267 | ### Instruction:
Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages.
### Input:
conferring general jurisdiction on High Court in addition to the subordinate courts within the State. 17. ... |
Securities & Exchange Board of India Vs. Rakhi Trading Private Ltd | or is dubious in nature and is executed with a view to avoid regulatory detection or does not involve change of beneficial ownership or is executed to create false volumes resulting in upsetting the market equilibrium. Any transaction executed with the intention to defeat the market mechanism whether negotiated or not ... | 1[ds]33. We find it difficult to appreciate the stand taken by the SAT which is endorsed by the learned senior counsel appearing for the respondents34. We are unable to agree with the arguments of the learned senior counsel appearing for Rakhi Trading. Regulation 4(1) in clear and unmistakable terms has provided that n... | 1 | 12,226 | 877 | ### 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:
or is dubious in nature and is executed with a view to avoid regulatory detection or does not involve... |
Indian Oil Corporation Ltd. & Anr Vs. Ashok Kumar Arora | Officer as an Appellate Court/Authority and, therefore, the impugned judgments of the High Court are unsustainable. He, therefore, prayed that the appeals be allowed and the impugned orders passed by the High Court be quashed and set aside. 18. The respondent Mr. Ashok Kumar Arora appeared in person and tried to justif... | 1[ds]19. We have given our anxious thought to the various contentions raised before us and have gone through the materials on record since the respondent was appearing in person. On careful scrutiny of the materials on record, we are of the considered view that the impugned orders passed by the High Court are unsustain... | 1 | 3,310 | 908 | ### 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:
Officer as an Appellate Court/Authority and, therefore, the impugned judgments of the High Court are unsustainable. He, th... |
Narayan Debnath Vs. The State Of West Bengal | you along with your other associates being armed with gun and other weapon s committed a dacoity in a 3rd class compartment of running train S. 110 Dn. between Habibpur R. S. and Lakinarayanpur junction R.S. in Ranaghat Shantipur section and snatched away cash of Rs. 30, 0, 00/ from Shri Ashutosh Pal of Calcutta causin... | 0[ds]Since, however, the District Magistrate in his affidavit (Paragraph 6) has stated that be based his subjective satisfaction only on the ground mentioned in t he detention order although other materials were placed before him, we examined the records of the case history of the detenu. After a careful examination of... | 0 | 1,192 | 559 | ### 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:
you along with your other associates being armed with gun and other weapon s committed a dacoity in a 3rd class co... |
General Manager, B. E. S. T.Undertaking, Bombay Vs. Mrs. Agnes | he is under a duty to appear punctually at the depot at the calling time. If he is late by more than one hour he will be marked absent. If he does not appear at the calling time or "misses his car", he will not be given any work for the day unless there is actually work available for him. If he "misses his car" more th... | 0[ds]12. Under S. 3 (1) of the Act the injury must be caused to the workman by an accident arising out of and in the course of his employment. The question, when does an employment begin and when does it cease, depends upon the facts of each case. But the Courts have agreed that the employment does not necessarily end ... | 0 | 6,964 | 1,528 | ### Instruction:
Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document.
### Input:
he is under a duty to appear punctually at the depot at the calling time. If he is late by more than one ho... |
M/S. Khoday Distilleries Ltd Vs. State Of Karnataka | MSIL, it in turn, places orders with the suppliers or manufacturers concerned. The business activity of the appellants cannot, therefore, be said to be curtailed in any manner. Nor can there be any hardship on the appellants. Once the Rules oblige the manufacturers to supply their product only to the company holding th... | 0[ds]We do not think so. A distributor licence is basically not different from the licences so prescribed. In fact the licences cover the whole gamut of activities from manufacture to consumption of liquor. Clause (11) of the amended Rule 3 of the Karnataka Excise (Sale of Indian and Foreign Liquors) Rules, 1968 which ... | 0 | 4,782 | 2,704 | ### 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:
MSIL, it in turn, places orders with the suppliers or manufacturers concerned. The business activity ... |
M/S. S. K. G. Sugar Ltd Vs. State Of Bihar And Ors | 1955 did not receive the assent of the President, and, therefore, being repugnant to certain provisions of the Central Act, it could not have any effect, and it was void on this ground as well."20. The observations extracted above, though very widely expressed, must be confined to the precise points for determination t... | 0[ds]It is however well settled that the necessity of immediate action and of promulgating an Ordinance is a matter purely for the subjective satisfaction of the Governor. He is the sole Judge as to the existence of the circumstances necessitating the making of an Ordinance. His satisfaction is not a justiciable matter... | 0 | 3,974 | 1,005 | ### 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:
1955 did not receive the assent of the President, and, therefore, being repugnant to certain provisions of the Central Act, ... |
BALASORE ALLOYS LIMITED Vs. MEDIMA LLC | nearly twice as high as the budgets and estimates projected by Medima at the time of booking the contracts; 2. The quantity and quality of Products invoiced by Medima to the customers are different from the contracts signed by Medima and Balasore; 3. Interest for availing credit for delay in recovery beyond 60 days can... | 0[ds]7. Since the transaction entered into between the parties and the dispute having arisen not being in dispute; further the above extracted arbitration clause being explicit; in a normal circumstance no other consideration would have been necessary in the limited scope for consideration in an application under Secti... | 0 | 3,771 | 1,288 | ### 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:
nearly twice as high as the budgets and estimates projected by Medima at the time of booking the contracts; 2. The quantit... |
Avery India Limited Vs. The Second Industrial Tribunal, West Bengal | In other words, counsel argued that even if the High Court applied the correct law as laid down in the rulings cited above, it could not have quashed that part of the award, for the age of superannuation of all the workmen in the employment of the appellant was raised to 58 by the award and that although the 2nd respon... | 1[ds]8. The only question which should normally arise in this appeal is whether the view of the High Court, that the provision in the standing orders regarding the age of retirement of the workmen of they would not govern the 2nd respondent who was employed prior to the coming into force of the standing orders, can be ... | 1 | 2,502 | 523 | ### 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:
In other words, counsel argued that even if the High Court applied the correct law as laid down in the rulings cited above... |
P. Purushottam Reddy Vs. M/S. Pratap Steels Ltd | form in which it was filed and so the plea was permitted to be urged. So far as the plea as to readiness and willingness by reference to clause (e) of Section 16 of the Specific Relief Act, 1963 is concerned, the pleadings are there as they were and the question of improving upon the pleadings does not arise in as much... | 1[ds]3. A perusal of the order of remand made by the High Court shows that on behalf of the appellants six contentions were raised: (i) that the suit was not maintainable as the pleadings did not conform to the requirements of Forms 47 and 48 of the Appendix A of the Code of Civil Procedure; (ii) that there was no plea... | 1 | 4,145 | 1,440 | ### Instruction:
Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document.
### Input:
form in which it was filed and so the plea was permitted to be urged. So far as the plea as to readines... |
ICI India Ltd. Vs. State Of Orissa | it is admitted that the appellant manufactures only "Bulk Premix" in this unit. In the Certificate of Registration it is mentioned that raw materials purchased would be used in the manufacture of "Bulk Premix". Though certificate also mentioned about "machineries for explosives" before the High Court it was conceded th... | 0[ds]appellants instead of selling the manufactured goods transferred it to other places for further manufacture of "Bulk Explosive". The transfer clearly falls within the expression "any other purpose" mentioned in the 5th proviso to Section 5(1) of the Act. As the goods manufactured have not been sold but have been t... | 0 | 2,964 | 123 | ### Instruction:
Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences.
### Input:
it is admitted that the appellant manufactures only "Bulk Premix" in this unit. In the Certificate of Registration it is m... |
Mahanadi Coalfields Ltd. Vs. Dhansar Engineering Company Pvt.Ltd.&Anr | (extended) period. 23. In our opinion, clause 5 did not prohibit the principal (appellants) to allot upto extra 30% quantity of work, for want of 45 clear days of subsisting contract period. Whereas, that option could be exercised by the appellants at any time until the contract period was subsisting, which in this cas... | 1[ds]23. In our opinion, clause 5 did not prohibit the principal (appellants) to allot upto extra 30% quantity of work, for want of 45 clear days of subsisting contract period. Whereas, that option could be exercised by the appellants at any time until the contract period was subsisting, which in this case was until 15... | 1 | 8,148 | 696 | ### 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:
(extended) period. 23. In our opinion, clause 5 did not prohibit the principal (appellants) to al... |
THE MUNICIPAL COMMITTEE, BARWALA, DISTRICT HISAR, HARYANA THROUGH ITS SECRETARY/PRESIDENT Vs. JAI NARAYAN AND COMPANY & ANR | sewers, cesspools or elsewhere or deposited in places fixed by the committee under section 152; (e) all public lamps, lamp-posts, and apparatus connected therewith or appertaining thereto; (f) all land or other property transferred to the committee by the State Government or acquired by gift, purchase or otherwise for ... | 1[ds]9. We have heard learned counsel for the parties and find that the decree passed by the three courts below, to say the least, is a perverse reading of the provisions of law as well as the factual position.The communication dated 10.1.2007 (Ex P-34) referred to by the plaintiff is not the communication by the Deput... | 1 | 5,171 | 2,239 | ### 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:
sewers, cesspools or elsewhere or deposited in places fixed by the committee under section 152; (e) all public lamps, lamp-p... |
Prahlad Singh Vs. State Of Madhya Pradesh | charged of the offence of committing rape on the allegation that on 26th May, 1984 he committed rape on a minor girl Kumari Sarvesh, PW-5 when the girl was playing outside her house in the company of her two younger sisters. The prosecution alleged that while the prosecutrix PW-5 was playing, the appellant induced her ... | 1[ds]4. It may be stated that though the prosecution had sought to establish a case that the accused had been identified even prior to the test identification-parade before one Major Raizada but no evidence was laid in that regard and even Major Raizada was not examined as a witness. The identification was supposed to ... | 1 | 1,157 | 264 | ### 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:
charged of the offence of committing rape on the allegation that on 26th May, 1984 he committed rape on a ... |
SECUNDERABAD CANTONMENT BOARD Vs. M/S B. RAMACHANDRAIAH & SONS | stage. At the referral stage, the Court can interfere only when it is manifest that the claims are ex facie time barred and dead, or there is no subsisting dispute. Paragraph 148 of the judgment reads as follows : 148. Section 43(1) of the Arbitration Act states that the Limitation Act, 1963 shall apply to arbitrations... | 1[ds]15. Having heard learned counsel appearing for both parties, it is first necessary to refer to the recent judgment of this Court in Geo Miller & Co. (P) Ltd. v. Rajasthan Vidyut Utpadan Nigam Ltd., (2020) 14 SCC 643, which extracts passages from all the earlier relevant judgments, and then lays down as to when tim... | 1 | 6,809 | 4,142 | ### 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:
stage. At the referral stage, the Court can interfere only when it is manifest that the claims are ex facie... |
State of Karnataka & Another Vs. Selvi J. Jayalalitha & Others | contemplated in Section 13(1)(e) of 1988 Act, it is inessential as well to resort to any arithmetic to compute the percentage thereof. In any view of this matter, the decision of this Court in Krishnanand Agnihotri (supra) has no application in the facts of this case and therefore, the respondents cannot avail any bene... | 1[ds]140. A bare perusal of this extract would reveal that the criminal misconduct of the public servant, as envisaged therein, would ensue if he/she or any person on his/her behalf was in possession or had, at any point of time during the period of his/her office, been in possession of pecuniary resources or property,... | 1 | 95,208 | 3,949 | ### 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:
contemplated in Section 13(1)(e) of 1988 Act, it is inessential as well to resort to any arithmetic to com... |
Jhansi Development Authority, Jhansi Vs. Munna Lal Aggarwal and Others | 1. Delay condoned. Special leave is granted. Heard learned counsel for both the parties. 2. The dispute is narrow. Land acquisition proceedings were undertaken at the behest of Jhansi Development Authority, the appellant herein. Notification under Section 4 of Land Acquisition Act (as amended) was issued on 6-12-1985. ... | 1[ds]3. As is evident, the bracketed portion ordains that the last of the dates of such publication and the giving of public notice is, in the eye of law, the date of publication of notification. Sequelly the period of limitation of one year for the purposes of Section 6 is to be computed from the date of the last publ... | 1 | 569 | 239 | ### Instruction:
Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document.
### Input:
1. Delay condoned. Special leave is granted. Heard learned counsel for both the parties. 2. The d... |
Gouranga Chakraborty Vs. State Of Tripura And Anr | the said Act specifies the various offences under the Act. Section 19 of the said Chapter refers to offences (supra para 15). 23. All these offences are to be tried by the Security Force Court which will punish the offenders with sentences as provided in the Act. 24. Section 48 specifically provides that the Security F... | 0[ds]25. A procedure has been provided by BSF Rules for trial of the offences by the Security Force Court and for awarding of punishment. The order of dismissal of the appellant from service was assailed mainly on the ground that it was not made in accordance with the provisions of the Act and the Rules framed thereund... | 0 | 3,010 | 900 | ### Instruction:
Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding.
### Input:
the said Act specifies the various offences under the Act. Section 19 of the said Chapter refers to offences (sup... |
Swiss Timing Limited Vs. Organising Committee, Commonwealth Games 2010, Delhi | Another factor that weighed with Court in dismissing the Petition, it appears, is that the Petitioner did not conform to the procedure concerning appointment of the Arbitrator before filing the Petition under Section 11 (6). 33. This case is clearly distinguishable and hence is not applicable into the facts and circums... | 1[ds]15. I am unable to agree with the submission made by the learned counsel for the respondent that the petitioner has not satisfied the condition precedent under Clause 38.3.A perusal of the correspondence placed on the record of the petition clearly shows that not only the petitioner but even the ambassadors of the... | 1 | 8,049 | 999 | ### 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:
Another factor that weighed with Court in dismissing the Petition, it appears, is that the Petitioner did not... |
M. A. Rasheed And Ors Vs. The State Of Kerala | of coconut husks for production of fibre in the traditional sector in the remaining 8 districts of the State it is not necessary in the prevailing circumstances to prohibit the use of mahinery in the remaining 8 districts for the production of fibre.18. The appellants also contended that Section 3 (2) (21) of the Defen... | 0[ds]6. There is no principle or authority in support of the view that whenever a public authority is invested with power to make an order which prejudicially affects the rights of an individual whatever may be the nature of the power exercised, whatever may be the procedure prescribed and whatever may be the nature of... | 0 | 3,497 | 812 | ### 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 coconut husks for production of fibre in the traditional sector in the remaining 8 districts of the ... |
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