Case Name stringlengths 11 235 | Input stringlengths 944 6.86k | Output stringlengths 11 196k | Label int64 0 1 | Count int64 176 118k | Decision_Count int64 7 37.8k | text stringlengths 1.43k 13.9k |
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State Of Uttaranchal Vs. M/S. Golden Forest Co. (P) Ltd | G.S. Singhvi, J. 1. Leave granted.2. The only question which arises for consideration in these appeals is whether the Board of Revenue, U.P. could hear and decide the revisions filed by the appellant after creation of the State of Uttranchal (renamed as Uttrakhand) by the Uttar Pradesh Reorganisation Act, 2000 (for sho... | 1[ds]10. A reading of the plain language of the above reproduced provision makes it clear that every proceeding pending before a Court, Tribunal, Authority or Officer in any area which fell within the State of U.P. on 09.11.2000 stood automatically transferred to the corresponding Court, Tribunal, Authority or Officer ... | 1 | 1,141 | 151 | ### 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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G.S. Singhvi, J. 1. Leave granted.2. The only question which arises for consideration in these appeals is whether... |
CHINTELS INDIA LTD Vs. BHAYANA BUILDERS PVT. LTD | as a consequence of rejection of the application for condonation of delay and there has been no enquiry as regards the rights of the parties on the issue of setting aside of the award. The appealable order which is contemplated for the purpose of exercise of appellate jurisdiction is the one which deals with the merits... | 1[ds]8. A reading of section 34(1) would make it clear that an application made to set aside an award has to be in accordance with both sub-sections (2) and (3). This would mean that such application would not only have to be within the limitation period prescribed by sub-section (3), but would then have to set out gro... | 1 | 11,047 | 7,291 | ### 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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as a consequence of rejection of the application for condonation of delay and there has been no enquiry as re... |
State Of U.P. And Anr Vs. Annapurna Biscuit Mfg. Co | the deposit into the Government Treasury of the amount by a dealer as has been wrongly realised by him as sales tax. As the said amount does not constitute sales-tax, it is not covered by entry 54 in List II of the Seventh Schedule to the Constitution which relates to taxes on sale or purchase of goods other than newsp... | 0[ds]Section 29-A deals with the amount wrongly realised by a dealer on sale of goods to any person. Sub-section (1) of Section 29-A of the principal Act makes it obligatory on the part of the dealer to deposit such amount into the Government Treasury "notwithstanding that the dealer is not liable to pay such amount as... | 0 | 2,617 | 1,100 | ### 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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the deposit into the Government Treasury of the amount by a dealer as has been wrongly realised by him as sales tax. As th... |
Union Of India Vs. M/S. Simplex Infrastructures Ltd | same is a self-contained code relating to arbitration." 89.It is, thus, to be seen that Arbitration Act, 1940, from its inception and right through to 2004 (in P.S. Sathappan) was held to be a self- contained code. Now, if the Arbitration Act, 1940 was held to be a self- contained code, on matters pertaining to arbitra... | 1[ds]9. After hearing the counsel for the parties and going through the decisions relied upon by both sides, we have no hesitation in allowing this appeal.After this decision, there is no scope to contend that the remedy of Letters Patent Appeal was available in relation to judgment of the learned Single Judge in quest... | 1 | 3,113 | 732 | ### Instruction:
Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document.
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same is a self-contained code relating to arbitration." 89.It is, thus, to be seen that Arbitrati... |
Biswanath Ghosh(Dead By Lrs.) Vs. Gobinda Ghosh | rule of law which would render the structure of the suit itself defective or that without it a proper cause of action would not appear on the plaint. We are, therefore, unable to accept the contention of the learned counsel that the present suit was bound to fail in the absence of such an averment." 31. In the case of ... | 1[ds]From perusal of the judgment, it reveals that both parties made their submission on the interpretation of two documents, namely Kobala and the agreement of re-conveyance. It also reveals that there were exchange of letters (Exhibit B and B1) whereupon the defendants-respondents in the reply letter expressed their ... | 1 | 5,688 | 573 | ### 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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rule of law which would render the structure of the suit itself defective or that without it a proper cause of action wou... |
D. C. Johar and Sons Private Limited Vs. Sales Tax Officer, Ernakulam, and Another | SHAH, AG. C.J.1. The facts relevant to the determination of the appeal in this case are identical with the facts in Dyer Meakin Breweries Ltd. v. State of Kerala (Civil Appeal No. 910 of 1968) ([1970] 26 S.T.C. 248 (S.C.)) except that the appellant-company is not a producer or a manufacturer of foreign liquors. It purc... | 0[ds]There is no substance in the contention raised by counsel for the appellant that in authorising the levy of sales tax on transport charges which formed a component of the price for which the goods were sold, the State Legislature had trespassed upon the legislative field reserved to the Centre by List I, entry 89t... | 0 | 407 | 159 | ### 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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SHAH, AG. C.J.1. The facts relevant to the determination of the appeal in this case are identical with the facts in Dyer M... |
Jan Mohammad Noor Mohammad Begban Vs. State of Gujarat & Another | of the period of office of the members and the constitution of a fresh committee after elections. The lawful authority of the members of the market committee was, notwithstanding the expiry of the period, extended by Sub-s. (3A) till the date of the first general meeting of the market committee.19. It may be noticed th... | 0[ds]But assuming that such a power is conferred, we fail to appreciate how solely on that account it can be said that the provisions of the Act infringe Art. 19(1) (g) of the Constitution or may be regarded as conferring an arbitrary authority. Reasonable restrictions on the right of a citizen to carry on trade - reta... | 0 | 7,540 | 970 | ### Instruction:
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of the period of office of the members and the constitution of a fresh committee after elections. The lawful authority of ... |
Thakur Kamta Prasad Singh (Dead) By L.Rs Vs. The State Of Bihar | The total compensation awarded by the Land Acquisition officer came to Rs. 86, 070.92. The appellant got a reference made under section 18 of the Act. Learned Additional District Judge Arrah who disposed of the reference held the market value of the land to be Rs. 800 per katha. It is stated that there are 32 kathas in... | 0[ds]We have given the matter our consideration, and are of the view that there is no merit in this appeal.A number of documents were filed on behalf of the State to show the market value of the land in question. Those documents showed that a plot measuring 66 acres in the same village, in which the land in dispute is ... | 0 | 1,279 | 929 | ### Instruction:
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The total compensation awarded by the Land Acquisition officer came to Rs. 86, 070.92. The appellant got a reference made ... |
UNION OF INDIA Vs. AVTAR CHAND | Abhay Manohar Sapre, J. 1. These appeals are directed against the final judgment and order dated 01.03.2007 passed by the High Court of Punjab & Haryana at Chandigarh in Writ Petition Nos. 3126, 3128, 3129, 3130, 3132, 3133-3145, 3148-3151 and 3153-3161 of 2007 whereby the High Court dismissed the writ petitions filed ... | 1[ds]15. Having heard the learned counsel for the parties and on perusal of the record of the case including the written submissions filed on behalf of the appellants, we find substance in the submission of the learned counsel for the appellants.In our considered opinion, the High Court, in the case at hand also should... | 1 | 1,026 | 269 | ### Instruction:
Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation.
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Abhay Manohar Sapre, J. 1. These appeals are directed against the final judgment and order dated 01.03.2007 ... |
Chattisgarh Vidyut Mandal Abhiyanta Sang Vs. Chattisgarh State Elect.Regul.Commn.&Anr | Bhushan, learned senior counsel, appearing on behalf of M/s Jindal Steel and Power Limited - appellant in C.A.No.4529 of 2006 and Mr. Kavin Gulati, learned counsel appearing on behalf of Chhattisgarh Vidyut Mandal Abhiyanta Sangh - appellant in C.A.No. 3996 of 2006. 4. Counsel for the appellant in C.A.No.3996 of 2006 h... | 1[ds]Mr. Shanti Bhushan, learned senior counsel, has taken us through the entire judgment of the Tribunal but the questions so framed were not at all addressed particularly the application of Section 10(2) of the Act.It is in these circumstances, learned senior counsels, appearing for the respective appellants, contend... | 1 | 1,267 | 160 | ### Instruction:
Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document.
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Bhushan, learned senior counsel, appearing on behalf of M/s Jindal Steel and Power Limited - appellant ... |
Official Liquidator, High Court, Bombay Vs. Taru Jethmal Lalvani and Others | the directors died. The Court allowed the substitution of his heirs and legal representatives in the misfeasance proceedings. In view of this judgment, the contention of respondent No.12 (son of deceased respondent No.16 in Company Application No.16 of 1981) that the liability of the deceased respondent No.16 does not ... | 0[ds]Therefore, in view of section 543(2), in the present case the Official Liquidator should have taken out Misfeasance Summons within 5 years of the winding up order. He has done so by taking out the Misfeasance Summons on 15th June, 1981 which is before the expiry of five years from the date of the winding up order.... | 0 | 3,698 | 1,247 | ### 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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the directors died. The Court allowed the substitution of his heirs and legal representatives in the misfeasance p... |
Harmony Innovation Shipping Ltd Vs. Gupta Coal India Ltd. | the clause which is a comprehensive one, it is London, which is the seat of arbitration. In Videocon Industries Ltd. (supra), as we have analysed earlier, Article 33.1 of the agreement which stipulated that subject to the provisions of Article 34.12, the contract would be governed and interpreted in accordance with the... | 0[ds]20. Addressing the issue of maintainability, this Court referred to the decision in Bhatia International (supra) and took note of the fact that parties have agreed and as is also perceivable from the final partial consent award that the juridical seat or local place of arbitration for the purpose of arbitration in... | 0 | 12,326 | 1,121 | ### Instruction:
Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction.
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the clause which is a comprehensive one, it is London, which is the seat of arbitration. In Videocon Industries Ltd. (supra)... |
Commissioner of Income Tax, Bombay North Vs. Chamanlal Mangaldas & Company | up out of the commission an amount upto 1/3 of the commission to enable the distribution of that amount of dividend to the shareholders. On December 28, 1950, a resolution was passed varying the agreement in regard to the payment of commission and adding a proviso to it applicable to years 1950 and 1951 that if the Dir... | 0[ds]5. Counsel for the appellant relied on the entry in the books of account of the Company where the words used are "amount accrued Rs. 5,11,875", but this entry must be read as a whole and it shows that the amount which the Managing Agents were entitled to receive was Rs.doubt in this case the amounts of commission ... | 0 | 2,022 | 225 | ### 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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up out of the commission an amount upto 1/3 of the commission to enable the distribution of that amount of dividend to the... |
Commissioner Of Income-Tax, Bangalore Vs. Shri D. C. Shah | income of the Hindu Undivided Family. In M. D. Dhanwatey v. Commissioner of Income-tax, 68 ITR 285=(AIR 1968 SC 682 ) the facts were parallel to the facts in V. D. Dhanwateys case, 68 ITR 365 =(AIR 1968 SC 683 ) (supra) and the salary received by the Karta of the Hindu Undivided Family was treated as the income of the ... | 0[ds]7. In our opinion, the present case falls within the principle laid down by this Court in S.R.M. Ct. PL. Palaniappa Chettiars case, 68 ITR 221 =(AIR 1968 SC 678 ) (supra). It has been found that Shri D. C. Shah was a man of rich experience in the line of business which these two firms were carrying on. Clauses 9... | 0 | 2,481 | 319 | ### Instruction:
Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document.
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income of the Hindu Undivided Family. In M. D. Dhanwatey v. Commissioner of Income-tax, 68 ITR 285=(AIR... |
The Additional Commnr.Of C.Taxes,Bangalo Vs. Ayili Stone Industries Etc.Etc | One of the most important reasons for saying so is that in all such cases, particularly under the excise law, the Court has to go by the facts of each case. In each case one has to examine the nature of the activity undertaken by an assessee. Mere extraction of stones may not constitute manufacture. Similarly, after ex... | 1[ds]28. There is a distinction between polished granite stone or slabs and tiles. If a polished granite stone is used in a building for any purpose, it will come under Entry 17(i) of Part S of the second schedule, but if it is a tile, which comes into existence by different process, a new and distinct commodity emerge... | 1 | 7,416 | 261 | ### 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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One of the most important reasons for saying so is that in all such cases, particularly under the excise law,... |
Jainarain Ram Lundia Vs. Surajmull Sagarmull & Others | other person does not join the agreement. This would be the position in law apart from any rule of equity. The proposition laid down by Sir George Jessel goes much further than this. He speaks of two persons executing a deed on the faith that a third will do so and if this is known to the other party, equity will refus... | 0[ds]Sir Tek Chand relies upon the decision of the House of Lords in the well-known case of Hussey v. Horne-Payne.We do not think that the principle of law enunciated in that case, and about the correctness of which there could hardly be any doubt, is of any assistance to the appellants.9. This decision cannot possibly... | 0 | 6,204 | 2,470 | ### 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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other person does not join the agreement. This would be the position in law apart from any rule o... |
Vst Industries Ltd Vs. Collector Of Central Excise, Hyd | later, it is indeed a case of sale on credit and, therefore, the interest charged from the date of delivery of goods till the date of realization of the price thereof should be deducted from the value of the goods. The interest charged, it is submitted, is only in lieu of the time taken in making t he payments by the u... | 1[ds]It was held that the supply of gas cullenders was ancillary to the supply of gases. It was open to the customers to bring their own cylinders and deposit was required to be given only if the customers required the company to lend the cullenders. This activity of giving cylinders was held to be ancillary and profit... | 1 | 3,467 | 1,697 | ### Instruction:
Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document.
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later, it is indeed a case of sale on credit and, therefore, the interest charged from the date of deli... |
Shree Krishna Agency Ltd Vs. Commissioner Of Income Tax Central, Calcutta | nothing contained in the section shall apply to any company in which the public are substantially interested. Explanation (1) which was so renumbered by Section 7 of the Finance Act of 1957 to the extent it is material is as follows:"For the purposes of this section, a company shall be deemed to be a company in which t... | 1[ds]The Directors have certainly been given a discretion by Article 37 to decline to register any proposed transfer of shares but that does not mean that the shares cease to be transferable. The said Article does not confer any uncontrolled or unrestricted discretion upon the Directors to refuse to register the transf... | 1 | 1,641 | 1,089 | ### Instruction:
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nothing contained in the section shall apply to any company in which the public are substantially int... |
National Insurance Co. Ltd Vs. Gulab Nabi & Another | Dr. Arijit Pasayat, J. 1. Leave granted. 2. Challenge in this appeal is to the order passed by a Division Bench of the Allahabad High Court dismissing the appeal filed by the appellant summarily. 3. The appeal was filed under Section 30 of the Workmens Compensation Act, 1928 (in short the `Act). The primary stand taken... | 1[ds]is no suitable evidence so far as income of the deceased is concerned.7. Non-application of mind is clear from the fact that since the State was not a party, the question of hearing the learned Standing Counsel for the State does not arise. The order therefore has been passed without any application of mind. The o... | 1 | 720 | 395 | ### Instruction:
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Dr. Arijit Pasayat, J. 1. Leave granted. 2. Challenge in this appeal is to the order passed by a Division Bench o... |
Mohammad Sadique Vs. Darbara Singh Guru | the consent of the members of the community, otherwise in normal circumstances the case would revive by applying the principles of doctrine of eclipse. We might pause here to add a rider to what we have said i.e. whether it appears that the person reconverted to the old religion had been converted to Christianity since... | 1[ds]23. It is not essential for anyone to changename after embracing a different faith. However, such change in name can be a corroborating fact regarding conversion or reconversion into a religion/faith in appropriate cases. Also it is not necessary in law that entire family of a person should convert or reconvert to... | 1 | 6,982 | 267 | ### 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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the consent of the members of the community, otherwise in normal circumstances the case would revive by applying the princ... |
OFFICIAL LIQUIDATOR, M/S. METALLIC SOAPS & CHEMICALS (PVT.) LTD Vs. MANAGER, KARNATAKA STATE FINANCIAL CORPORATION | a financial corporation or the Court which has been approached under Section 31 of the SFC Act to sell the assets may not be taken away, but the same stands restricted by the requirement of the Official Liquidator being associated with it, giving the Company Court the right to ensure that the distribution of the assets... | 0[ds]7. A perusal of the impugned order shows that the reasoning of the Division Bench is predicated on the judgment of this Court in Rajasthan State Financial Corporation and Anr. vs. Official Liquidator and Anr. [2005 (8) SCC 190 ].17. Thus, on the authorities what emerges is that once a winding-up proceeding has com... | 0 | 3,455 | 991 | ### Instruction:
Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document.
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a financial corporation or the Court which has been approached under Section 31 of the SFC Act to sell ... |
Orissa Cement, Limited Vs. Adikanda Sahu | Gajendragadkar, J.1. This appeal by special leave arises out of the proceedings taken by Orissa Cement, Ltd., Rajggangpur, Orissa (hereinafter called the appellant), against Sri Adikanda Sahu (hereinafter called the respondent) under S.33 of the Industrial Disputes Act. The respondent was a fitter employed by the appel... | 1[ds]In our opinion, this view is obviously erroneous. It is clear that the respondent in fact has not offered an unconditional apology as has been assumed by the tribunals below. He has merely stated that in discharging faithfully his duties as a trade unionist, he might have been misunderstood by Mr. Misra and he has... | 1 | 779 | 295 | ### 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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Gajendragadkar, J.1. This appeal by special leave arises out of the proceedings taken by Orissa Cement, Ltd., Rajg... |
A. L. A. Firm Vs. Commissioner of Income Tax | * From these observations, the High Court inferred (at p. 147 of 41 ITR) "It is obvious from the above that the privilege of valuing the opening and closing stocks in a consistent manner is available only to continuing business and that it cannot be adopted where the business comes to an end and the stock-in-trade has ... | 0[ds]Though the High Court has dealt with this question at some length, we do not think any answer to this question can or need be furnished by us for the following reasons. First, the assessee has not been able to place before us the circular of the Board on which reliance is placed. It is not clear whether it is circ... | 0 | 10,356 | 740 | ### Instruction:
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* From these observations, the High Court inferred (at p. 147 of 41 ITR) "It is obvious from the above that the privilege of... |
Gunwant Kaur & Others Vs. Municipal Committee, Bhatinda & Others | should be acquired for the purpose for which it was intended to be acquired.The appellants contended that they had no opportunity of making their representations, for the notification gave no notice to them that the land in their occupation was intended to be acquired.11. In summarily rejecting the petition two grounds... | 1[ds]7. The notification under Section 4 is the foundation of a proceeding for acquisition of land. In the present case the notification under Section 4 did not set out with precision the parts of Khasra No. 2030 belonging to different owners sought to be acquired. The notification merely set out the areas intended to ... | 1 | 2,629 | 898 | ### 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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should be acquired for the purpose for which it was intended to be acquired.The appellants contended ... |
Eshwarappa Vs. State Of Karnataka | and Sarpina (A-2) since 2-3 years. He also stated that because of the illicit relationship, the appellant was always living in the house of Sarpina (A-2). A panchayat had even taken place, according to this witness, in which the appellant had given an assurance that he would end his illicit relationship. On the date of... | 1[ds]16. The Trial Court and so also the High Court has rejected the story of suicide by the deceased and in our opinion rightly so, for reasons more than one. Firstly, because the death in the case at hand occurred because of strangulation/constriction force around the neck leading to asphyxia and shock as observed by... | 1 | 3,341 | 545 | ### Instruction:
Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case.
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and Sarpina (A-2) since 2-3 years. He also stated that because of the illicit relationship, the appellant wa... |
M/s. Taxi Owners United Transport Vs. State Transport Authority (Orissa) | MISRA, J.1. These connected appeals by special leave are directed against the judgment of the High Court of Orissa dated 14th of April, 1977 dismissing the writ petition filed by the appellant against the order of the State Transport Appellate Tribunal.2. The appellant was issued three particular stage carriage permits... | 0[ds]6. A preliminary objection has been raised by the counsel for the respondent that the permits having already expired, the appeals have become infructuous. We find considerable, force in this objection. The appeals can be dismissed on this ground alone. The learned counsel for the appellant however, contended that ... | 0 | 837 | 302 | ### Instruction:
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MISRA, J.1. These connected appeals by special leave are directed against the judgment of the High Court of Oriss... |
Union of India Vs. Alapan Bandyopadhyay | courts except the Supreme Court under article 136 of the Constitution.- On and from the date from which any jurisdiction, powers and authority becomes exercisable under this Act by a Tribunal in relation to recruitment and matters concerning recruitment to any Service or post or service matters concerning members of an... | 0[ds]According to us the said decision and the contention founded on the said decision are relevant only for the purpose of deciding the correctness of the order of transfer passed by the Principal Bench of the Tribunal in exercise of the power under Section 25 of the Act and not for deciding the jurisdictional High Co... | 0 | 6,964 | 3,981 | ### 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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courts except the Supreme Court under article 136 of the Constitution.- On and from the date from... |
Kiran Singh And Others Vs. Chaman Paswan And Others | to Section 11 of the Suits Valuation Act. If they do not exist, there is no other power under the Civil Procedure Code authorizing the Court of second appeal to set aside findings of fact and to rehear the appeal itself on those questions.We must accordingly hold that an appellate Court has no power under Section 11 of... | 0[ds]It is a fundamental principle well-established that a decree passed by a Court without jurisdiction is a nullity and that its invalidity could be set up whenever and wherever it is sought to be enforced or relied upon, even at the stage of execution and even in collateral proceedings. A defect of jurisdiction, whe... | 0 | 5,273 | 1,626 | ### 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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to Section 11 of the Suits Valuation Act. If they do not exist, there is no other power under the Civil Procedure... |
Raj Rajendra Malojirao Shitole Vs. State of Madhya Bharat | functioning as the Constituent Assembly of the Dominion of India immediately before the commencement of this Constitution shall be the provisional Parliament and shall exercise all the powers and perform all the duties conferred by the provisions of this Constitution on Parliament. Explanation.--For the purposes of thi... | 0[ds]Even if that body was not formed in strict compliance with the provisions indicated in Schedule IV of the covenant its defective formation does not affect the constitutionality of the impugned statute. The impugned statute was passed in the year 1951 after the Constitution of India had given recognition to, and co... | 0 | 4,335 | 96 | ### Instruction:
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functioning as the Constituent Assembly of the Dominion of India immediately before the commencement of this Constitution sh... |
SHRI DIGVIJAY WOOLLEN MILLS LTD Vs. MAHENDRA PRATAPRAI BUCH.. MAHARANA MILLS LTD. v. GOPALDAS LADHABHAI KAKKAD | Woollen Mills Ltd., appellant v. Shri Mahendra Prataprai Buch, respondent), the respondent ceased to be an employee on attaining the age of supreannuation after completing 19 years of service. The appellant-company calculated the amount of gratuity payable to him on the basis that fifteen days wages was half of the mon... | 0[ds]5. The views expressed in the extract quoted above appears to be legitimate and reasonable. Ordinarily, of course, a month is understood to mean 30 days, but the manner of calculating gratuity payable under the Act to the employee who work for 26 days a month followed by the Gujarat High Court, cannot be called pe... | 0 | 1,415 | 249 | ### 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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Woollen Mills Ltd., appellant v. Shri Mahendra Prataprai Buch, respondent), the respondent ceased to be an employee on attai... |
CENTRAL BANK OF INDIA & ORS Vs. TARA CHAND | provision for situations similar to the one in the instant case. 32. In the absence of any particular provision for payment of pension to those who opted for BOBEVRS-2001 other than Regulation 11(ii) of the Scheme, we are once again left to fall back on the Pension Regulations, 1995, and the amended provisions of Regul... | 1[ds]9. It is true that as per Clause 4 any employee who has 15 years of service or completed 40 years of age is eligible to apply for voluntary retirement under the Scheme. There is no dispute that the respondent was eligible to apply for voluntary retirement, otherbenefits under the Scheme have been extended to the r... | 1 | 4,288 | 763 | ### Instruction:
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provision for situations similar to the one in the instant case. 32. In the absence of any particular p... |
The Bombay Union Of Journalists And Others Vs. The, Hindu', Bombay, And Another | that notice of the meeting dated April 17 convened for the purpose of considering the requisition was ever given to Venkateswaran and if it was not given, by the mere passing of a resolution by other members of the Union the case of the appellants that the claim of Salivateeswaran was supported by Venkateswaran cannot ... | 0[ds]8. The dispute, in the present case, being prima facie, an individual dispute, that it had been taken up by the Union of employees of "The Hindu Bombay or by an appreciable number of employees of "The Hindu" Bombay.By its constitution the Bombay Union of Journalists is a Union not of employees of one employer, but... | 0 | 5,353 | 960 | ### 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:
that notice of the meeting dated April 17 convened for the purpose of considering the requisition was ever g... |
Pannalal and Anr Vs. Mst. Naraini and Ors | the father could be enforced in execution against the son or a separate suit would have to be instituted for that purpose.It was held by the Madras and the Allahabad High Courts that the liability could not be enforced in execution proceedings, whereas the Calcutta and the Bombay High Courts held otherwise. Section 53 ... | 0[ds]It is now settled by judicial decisions that there is no difference as between son, grandson and great grandson so far as the obligation to pay the debts of the ancestor is concerned; but none of them has any personal liability in the matter irrespective of receiving any assets, vide Masitullah v. Damodar Prasad,5... | 0 | 8,012 | 2,233 | ### 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:
the father could be enforced in execution against the son or a separate suit would have to be instituted for that purpose... |
Commissioner of Gift Tax, West Bengal Vs. Sardar Ajaib Singh | HEGDE, J.1. This appeal by special leave arises from the decision of the High Court of Calcutta in Gift-tax Matter No. 286 of 1963 on its file. It relates to the gift-tax assessment for 1958-59. In that case several questions were referred to the High Court by the Income-tax Appellate Tribunal, A Bench, Calcutta. But a... | 1[ds]This finding of the Tribunal is essentially a finding of fact, and it is not shown that that finding is in any manner vitiated. That being so, the ratio of the decision of this court in Kesoram Industries case is not attracted.This question we have discussed in greater detail in the assesseesappeals (Civil Appeals... | 1 | 611 | 78 | ### 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:
HEGDE, J.1. This appeal by special leave arises from the decision of the High Court of Calcutta in Gift-tax Matter No. 286... |
Mr. Viswanath s/o Late Vishnuprasad Toshniwal Vs. State of Maharashtra and ors | 1. Heard learned counsel Shri A.Agrawal for the applicant and learned Additional Public Prosecutor Shri S.M.Ghodeswar for the State. Rule. Rule made returnable forthwith. Heard finally by consent of learned counsel for respective parties. 2. By this application, under Section 482 of the Code of Criminal Procedure, the ... | 0[ds]6. Having considered allegations levelled against the applicant in the First Information Report along with the reply tendered by the Public Prosecutor to the bail application filed before the learned Judge below, we find that offences levelled against the applicant are of such nature in which a detailed investigat... | 0 | 1,026 | 542 | ### 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. Heard learned counsel Shri A.Agrawal for the applicant and learned Additional Public Prosecutor Shri S.M.Ghodes... |
EIH LIMITED Vs. NADIA A VIRJI | the same, sue the tenant for recovery of rent or eviction on the ground of non-payment of rent despite demand. The tenant can get protection against eviction on the ground of arrears of rent only if he makes requisite deposit of the arrears in the manner laid down in the provisions of the Tenancy Act. A provision to fi... | 0[ds]5.2 At the outset, it is required to be noted that in the present case, under the tenancy agreement under consideration the rent payable by the tenant would be Rs. 10,000/- per month. Over and above the rent, the tenant has also agreed to pay the municipal taxes payable to the Calcutta Municipal Corporation. Howev... | 0 | 5,670 | 1,929 | ### 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:
the same, sue the tenant for recovery of rent or eviction on the ground of non-payment of rent de... |
Far Pavilions Tours & Travels Private Limited Through Its Director, S.N. Gupta & Another Vs. Manish Pratik & Another | the respondent had permitted to construct a house in the graveyard for performing Fateha at the tombs and providing hukka tobacco to Fakirs gathering thereat. Subsequently, father of the respondent donated the said house to the respondent. Mutawalli of the graveyard and tombs had sued the respondent for recovery of the... | 1[ds]In the present appeals, along with Vakalatnama of the Advocate, the defendants have filed before this Court, a certified true copy of the resolution dated 20/04/2011, passed by the Board of Directors of the defendant no. 1 thereby authorising said Shri Manuel Paully DSouza to appear for and on behalf of the Compan... | 1 | 5,476 | 960 | ### Instruction:
Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document.
### Input:
the respondent had permitted to construct a house in the graveyard for performing Fateha at the tombs a... |
C.I.T. West Bengal Ii, Calcutta Vs. Coal Shipment (P) Ltd | agreed between the parties. The dictum laid down by this Court in Travancore Sugars and Chemicals Ltd. v. Commr. of Income-tax, Kerala, 62 ITR 566 = (AIR 1967 SC 477 ) in the circumstances is attracted. The appellant company in that case was to take over the assets of sugar manufacturing concern a distillery and a tinc... | 0[ds]8. We have heard Mr. Desai on behalf of the appellant and Mr. Palkhiwala on behalf of the respondent and are of the opinion that there is no merit in these appeals. The Tribunal has found that the amounts in question were paid by the respondent to M/s. H. V. Low and Co. Ltd. in pursuance of the agreement according... | 0 | 4,833 | 1,105 | ### 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:
agreed between the parties. The dictum laid down by this Court in Travancore Sugars and Chemicals Ltd. v. Commr. of Income... |
Amrit Banaspati Co. Ltd Vs. S. Taki Bilgrami & Ors | After an analysis of the contents of items 3 and 10 of Schedule I and item I of Schedule II, it has been held that item I relates only to posts and not to the personnel occupying the posts. Dealing with item No. I of Schedule II this Court observes as follows :"Furthermore, the language of item No. I of Schedule I clea... | 0[ds]22. We have already indicated that the Industrial Court, in particular, has placed very great reliance on the letter dated February 10, 1958 for holding that by terminating the service of the clerks, the appellant has really effected a reduction in the clerical strength of the establishment which has the effect of... | 0 | 4,724 | 1,407 | ### 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:
After an analysis of the contents of items 3 and 10 of Schedule I and item I of Schedule II, it has been held that... |
M/S Pleasantime Products Etc Vs. Commr.Of Central Excise,Mumbai-1 Etc | chance or skill and it embraces every contrivance which has for its object sport, recreation or amusement. These are the various dictionary meanings of the word "game". Applying the dictionary meaning, we are of the view that "Scrabble" is a board game. It is not a puzzle. In the circumstances, it falls under Heading 9... | 0[ds]14. Hence, in our view, "Scrabble" will not fall in the category or class mentioned in sub-heading 9503.00, namely, "puzzles of all kinds"We do not find merit in this submission. Firstly, as stated above, the case of the assessee was that they had annexed a list of items manufactured by them which included items f... | 0 | 4,113 | 252 | ### 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:
chance or skill and it embraces every contrivance which has for its object sport, recreation or amusement. These are the va... |
Essar Bulk Terminal Limited & Another Vs. State of Gujarat & Others | payable.In furtherance to the above, the following points may please be seen:(1)- (3) xxx xxx xxx(4) ESSAR has submitted details vide letter dated 7th April, 2015 of various proposals to GMB for development of waterfront and back-up area from time to time. GMB as a regulatory authority scrutinizes every proposal and su... | 0[ds]15. By their letter dated 15th October, 2008, the Appellants asked the GMB to allow them to dredge the channel from 8 meters depth to 10 meters depth to accommodate capesize vessels of 105,000 DWT. Since material dredged from the channel would have to be dumped, an additional area of 316 hectares, towards the sout... | 0 | 8,697 | 2,026 | ### 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:
payable.In furtherance to the above, the following points may please be seen:(1)- (3) xxx xxx xxx(4) ESSAR ha... |
The State of Jharkhand and Ors Vs. Brahmputra Metallics Ltd., Ranchi and Anr | a situation. Rather, the petitioner has come before this Court due to arbitrariness in State action which led to the non-fulfillment of their legitimate expectations. (iii) The defence of unjust enrichment 49. Nor is the court inclined to accept the plea of unjust enrichment - the High Court has not ordered a refund at... | 1[ds]21. The alacrity expected by the Industrial Policy 2012 of the State of Jharkhand did not find a resonance in its administrative apparatus. The High Court has justifiably referred to this as a case of bureaucratic lethargy. As a matter of first principle, there can be no gainsaying the fact that when a statute, su... | 1 | 14,052 | 5,521 | ### 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:
a situation. Rather, the petitioner has come before this Court due to arbitrariness in State action which led... |
Daya Shankar Vs. State of M.P | living with Ramkishore. The appellant was having enmity with deceased on account of aforesaid incident. Deceased after eloping with Lalli was living in some other village and returned to his village a month before the incident. Ramkishore had gone to answer the call of nature in the evening on 30.11.1991 at about 4.30 ... | 1[ds]7. Section 34 has been enacted on the principle of joint liability in the doing of a criminal act. The Section is only a rule of evidence and does not create a substantive offence. The distinctive feature of the Section is the element of participation in action. The liability of one person for an offence committed... | 1 | 1,261 | 654 | ### 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:
living with Ramkishore. The appellant was having enmity with deceased on account of aforesaid incident. De... |
Oriental Insurance Co. Ltd Vs. Prithvi Raj | to damage to any property of a third party and not damage to the property of the owner of the vehicle, i.e., the insured. Sub-section (2) stipulates the extent of liability and in the case of property of a third party the limit of liability is Rupees six thousand only. The proviso to that sub-section continues the liab... | 1[ds]10. In the instant case, the State Commission has categorically found that the evidence on record clearly established that the licensing authority had not issued any license, as was claimed by the Driver and the respondent. The evidence of Shri A.V.V. Rajan, Junior Assistant of the Office of the Jt. Commissioner &... | 1 | 5,109 | 187 | ### 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:
to damage to any property of a third party and not damage to the property of the owner of the vehicle, i.e., the i... |
Dharam Singh Rathi Vs. Hari Singh M.L.A. & Ors | post office was not Smalkha Mandi. On the face of the address of given in the nomination papers there was the defect of incorrect mention of the name of the post office. The name of the District was also not given. It has come in the evidence of the respondent that there were other places of the names at Smalkha and Sm... | 0[ds]3. We concur in the view of the High Court that filling up the column of postal address of the candidate in the nomination paper is necessary . The High Court has referred to several provisions in the Act and the Rules to point out the purpose of supplying the postal address. It appears that the name of the post o... | 0 | 1,609 | 791 | ### 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:
post office was not Smalkha Mandi. On the face of the address of given in the nomination papers there w... |
M/S Sangham Tape Company Vs. Hans Raj | the impugned judgment, the High Court set aside the order of the Labour Court. Being aggrieved by and dissatisfied therewith, the appellant is in appeal before us. 5. Mr. Neeraj Kumar Jain, learned counsel appearing on behalf of the Appellant would submit that having regard to the fact that the provisions of Order IX R... | 0[ds]In view of this Courts decision in Grindlays Bank (supra), such jurisdiction could be exercised by the Labour Court within a limited time frame, namely, within thirty days from the date of publication of the award. Once an award becomes enforceable in terms of Section 17A of the Act, the Labour Court or the Tribun... | 0 | 1,489 | 328 | ### 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:
the impugned judgment, the High Court set aside the order of the Labour Court. Being aggrieved by and diss... |
Union Of India & Anr Vs. K.S. Subramanian | these rules would apply.(4) If any doubt arises-(a) whether these rules or any of them apply to any person, or(b) whether any person to whom these rules apply belongs to a particular service the matter shall be referred to the President, who shall decide the same".Even if the parties were governed by these rules, becau... | 1[ds]There is no finding anywhere that the services of the plaintiff respondent were terminated as a measure of punishment for any wrong done by him or for incompetence, although, a perusal of the pleadings would show that the appellants denied the assertions of the plaintiff respondent that he was efficient and entitl... | 1 | 3,894 | 499 | ### 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:
these rules would apply.(4) If any doubt arises-(a) whether these rules or any of them apply to any p... |
A. Joseph Salvaraj Vs. State of Gujarat & Others | on this and related points, we are not dealing with each one of them separately and independently. However, the ratio and gist of these would be reflected in our order. 20. In the instant case, we have to first examine whether any of the ingredients under Section 406, 420 or 506 (1) of the IPC have been made out to ena... | 1[ds]25. In our opinion, the matter appears to be purely civil in nature. There appears to be no cheating or a dishonest inducement for the delivery of property or breach of trust by the Appellant. The present FIR is an abuse of process of law. The purely civil dispute, is sought to be given a colour of a criminal offe... | 1 | 2,599 | 528 | ### 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:
on this and related points, we are not dealing with each one of them separately and independently. However, the ratio and ... |
G. T. Lad and Ors Vs. Chemical and Fibres of India Ltd | an interest or claim". According to Blacks Law Dictionary "abandonment" when used in relation to an office means "voluntary relinquishment." It must be total and under such circumstances as clearly to indicate an absolute relinquishment. The failure to perform the duties pertaining to the office must be with actual or ... | 1[ds]5. We will deal with these question seriatim :Re; Question No. 1 : In the Act, we do not find any definition of the expression "abandonment of service".6. From the connotations reproduced above it clearly follows that to constitute abandonment, there must be total or complete giving up of duties so as to indicate ... | 1 | 2,272 | 822 | ### 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:
an interest or claim". According to Blacks Law Dictionary "abandonment" when used in relation to an office means "voluntary ... |
T.I. JOSE Vs. MANAGING DIRECTOR, KERALA WATER AUTHORITY | Operators should not exceed on this account. These modifications will take effect from 1- 3-1997.”6. The above note indicates that as a result of the creation of the intermediate post of Senior Operators, that post would be allowed a scale of pay equal to the existing scale of pay of Head Operators. Consequently, Head ... | 0[ds]13. On a careful analysis of the pay revision, it has emerged before the Court that Head Operators were drawing a pre-revised scale of Rs 1455-2440. The equivalent revised scale of pay under the third pay revision was Rs 4710-7710. Since an intermediate post of Senior Operator was created by an administrative deci... | 0 | 1,543 | 327 | ### 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:
Operators should not exceed on this account. These modifications will take effect from 1- 3-1997.”6. The above note indic... |
M/S. GRANULES INDIA LTD Vs. UNION OF INDIA | Court opined that no mandamus for exemption could be issued. The consignments were admittedly imported after 25.11.1993 and before the clarificatory notification dated 18.03.1994. Thus, there was no arbitrariness on part of the respondent. The appellant preferred a review application inter alia relying upon a Division ... | 1[ds]8. We have considered the submissions on behalf of the parties and are of the considered opinion that the order of the High Court is completely unsustainable. The entire consignment was imported under one advance licence issued to the petitioner prior to 19.05.1992. The fortuitous circumstance that part of the con... | 1 | 1,550 | 788 | ### 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:
Court opined that no mandamus for exemption could be issued. The consignments were admittedly imported after 25.11.1993 a... |
ATUL CHANDRA DAS(D) TR.LRS Vs. RABINDRA NATH BHATTACHARYA(D)TR.LRS.&ORS | of India, mutual insurance company, provident insurance society or from a provident fund; (e) an advance made on the basis of a negotiable instrument as defined in the Negotiable Instruments Act, 1881, (26 of 1881) other than a promissory note; (f) Omitted by W.B. Money Lender Amendment Act, (Act IV of 1931) (g) * * * ... | 0[ds]10. Keeping Section 58(c) side by side with Section 37(a) of the State Act, the conclusion is inevitable that the State legislature has intended to override the effect of proviso to Section 58(c) of the Transfer of Property Act by enacting Section 37(a) in the State Act. Section 37(a) was incorporated by way of an... | 0 | 4,800 | 664 | ### Instruction:
Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document.
### Input:
of India, mutual insurance company, provident insurance society or from a provident fund; (e) an advance ma... |
Srinivas Gupta Vs. Hindustan Commercial Bank Limited | The mere fact that two mortgage deeds were executed for the entire amount due on April 1, 1947, does not in our opinion amount to payment of money due to the bank. All that the transaction amounted to was that, in place of the tins of ghee, the two mortgages were given as security; but the liability under clause 13 hav... | 0[ds]3. We are of opinion that there is no force in this appeal. Clause 13 of the agreement is clearly a contract of indemnity by which the bank is indemnified in connection with certain matters mentioned therein. It has not been and cannot be disputed that when it was found that the tins of ghee contained rotten ghee ... | 0 | 2,790 | 846 | ### 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 mere fact that two mortgage deeds were executed for the entire amount due on April 1, 1947, does not in our opinion am... |
Nirmal Trading Company Vs. Commissioner Of Income Tax, Central (Calcutta)October 10, 1 | R. S. Pathak, J. 1. This appeal by certificate under S.66A(2) of the Indian Income tax Act, 1922 relates to the application of Explanation. 2 to S.24 (1) of the Indian Income tax Act. 2. The assessee deals in paper, hessian and B. Twill. After assessment by the Income Tax Officer for the assessment year 1955-56, and th... | 0[ds]3. It appears the assessee entered into several transactions of sale and purchase with different parties, and the transactions were settled by handing over delivery orders. There is no evidence that actual delivery of the goods was evereffected either to the assessee or to subsequent purchasers from him. All that ... | 0 | 511 | 221 | ### 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:
R. S. Pathak, J. 1. This appeal by certificate under S.66A(2) of the Indian Income tax Act, 1922 relates to t... |
Pandurang Chandrakant Mhatre & Others Vs. State of Maharashtra | and assaulting the deceased are clearly proved. A-4, A-5, A-6, A-10 and A-11 get the benefit of doubt with regard to offence under Section 302 read with Section 149 I.P.C. since evidence against them in chasing and assaulting the deceased is not consistent. However, all the eight appellants are guilty of the offences p... | 1[ds]58. Having carefully examined the testimony of, we find that prosecution has been able to establish that party of assailants comprised of more than five persons and that they formed unlawful assembly. It is also seen from the evidence that at least five persons chased the deceased and then attacked him. These memb... | 1 | 12,227 | 1,526 | ### 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:
and assaulting the deceased are clearly proved. A-4, A-5, A-6, A-10 and A-11 get the benefit of doubt with... |
Chief Commissioner, Delhi & Anr Vs. Delhi Cloth And General Mills Co. Ltd. & Ors | FAZAL ALI, J. 1. This appeal by certificate is directed against the judgment and order of the Circuit Bench of the Punjab High Court at Delhi dated the 7th May, 1964, and arises in the following circumstances: The respondent company floated debenture loan of Rs. 2.50 crores and to secure the repayment of the said loan,... | 0[ds]In the instant case, it was not disputed before the High Court that the fee realised by the Registration department under the notification above mentioned was to form part of the general revenues of the State. It is, therefore, manifest that the second element of a fee was wholly wanting in this case and the High ... | 0 | 995 | 589 | ### 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:
FAZAL ALI, J. 1. This appeal by certificate is directed against the judgment and order of the Circuit Bench of the... |
G.Ravindranath @ R.Chowdary Vs. E.Srinivas | Now I am maintained by my parents, and due to the above accident my life has become dejected.? In cross-examination, the counsel appearing for respondent No.2 did make laboured attempt to discredit the testimony of the appellant but he firmly withstood his ground and reiterated the facts relating to accident, his injur... | 1[ds], nothing could be elicited by Dr.P.V.L.N.Murthy which may cast doubt on his testimony regarding the nature of injuries and treatment given to the appellant byr. V.Krishnammurty, Andrologist and Microsurgeon described the test conducted on the appellant. He denied the suggestion that the certificates Exhibits16 an... | 1 | 5,176 | 200 | ### 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:
Now I am maintained by my parents, and due to the above accident my life has become dejected.? In cross-examination, the cou... |
Shree Hanuman Cotton Mills & Ors Vs. Tata Air-Craft Ltd | plaintiff therein was entitled to forfeit a sum of Rs.1,000/- paid as earnest money on default committed by the buyer; and (ii) whether the plaintiff was further entitled to forfeit the entire sum of Rs.24,000/- paid by the buyer under the contract which recognised such right. This Court held that the plaintiff was ent... | 0[ds]24. From a review of the decisions cited above, the following principles emerge regardingmust be given at the moment at which the contract is concluded.(2)It represents a guarantee that the contract will be fulfilled or, in other words, "earnest" is given to bind the contract.(3)It is part of the purchase price wh... | 0 | 9,016 | 873 | ### 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:
plaintiff therein was entitled to forfeit a sum of Rs.1,000/- paid as earnest money on default committed by the buyer; and... |
Precision Bearings India Ltd Vs. Baroda Mazdoor Sabha And Anr | in a; phased manner. Mr. Gokhale submits with some justification that this was purely a management function and the Tribunal should have taken the figures as furnished by the management in making reserve&for replacement costs. We have, however, seen that although a substantial sum was kept as reserve towards the replac... | 1[ds]We have, however, seen that although a substantial sum was kept as reserve towards the replacement costs, only a fraction of it was actually utilised. The company, therefore, can-not make any grievance about the manner in which the Tribunal has, dealt with this aspect.Mr. Garg, on behalf of the respondents, also d... | 1 | 1,932 | 892 | ### Instruction:
Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages.
### Input:
in a; phased manner. Mr. Gokhale submits with some justification that this was purely a management functio... |
Dr. Subramanian Swamy Vs. State Of Tamil Nadu | concerned, it is under challenge in Writ Petition (C) No. 544 of 2009 and the said petition had earlier been tagged with these appeals, but it has been de-linked and is to be beard after the judgment in these appeals is delivered. Thus, in view of the stand taken by the State before this court, going into the issue of ... | 1[ds]38. Thus, in view of the above, it was not permissible for the High Court to assume that it had jurisdiction to sit in appeal against its earlier judgment of 1951 which had attained finality. Even otherwise, the High Court has committed an error in holding that the said judgment in MarimuthuDikshitar (Supra) would... | 1 | 9,762 | 1,854 | ### 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:
concerned, it is under challenge in Writ Petition (C) No. 544 of 2009 and the said petition had e... |
Union Of India Vs. M/S Indusind Bank Ltd | appellant should have exercised the right within the period agreed to between the parties. The right was enforced under the agreement when notice was issued and the company was required to pay the amount. Assertion of right is one thing than enforcing it in a court of law. The agreement does not anywhere deal with enfo... | 0[ds]it becomes clear that Section 28, being substantive law, operates prospectively as retrospectivity is not clearly made out by its language. Being remedial in nature, and not clarificatory or declaratory of the law, by making certain agreements covered by Section 28(b) void for the first time, it is clear that righ... | 0 | 7,403 | 368 | ### 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:
appellant should have exercised the right within the period agreed to between the parties. The right was enf... |
CENTURY METAL RECYCLING PVT. LTD Vs. UNION OF INDIA | As per sub Rule (2) of Rule 12, the proper officer when required must intimate to the importer in writing the grounds for doubting the truth or accuracy of the value declared. The said mandate of sub-Rule (2) of Rule 12 cannot be ignored or waived. Formation of opinion regarding reasonable doubt as to the truth or accu... | 1[ds]What is important to note is that Rules 4 to 9 are subject to the provisions of Rule 3 thereby giving primacy to Rule 3 which in turn gives primacy to Rule 12 of the 2007 Rules.14. Rule 12, which as noticed above enjoys primacy and pivotal position, applies where the proper officer has reason to doubt the truth or... | 1 | 8,201 | 3,027 | ### 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:
As per sub Rule (2) of Rule 12, the proper officer when required must intimate to the importer in writing the grounds for ... |
KADUPUGOTLA VARALAKSHMI Vs. VUDAGIRI VENKATA RAO & ORS | clarify the situation and making out this omission insignificant. 71.The nature of defence of denial of execution of Ex.A1 set up by the 1st respondent, without referring or denying that the appellant was always ready and willing to perform his part of the contract is a factor to be considered in this respect. 72. The ... | 1[ds]8. It must be stated here that the principles laid down in Jugraj Singh and Another (supra) were not accepted by a larger Bench of this Court. The relevant discussion in paragraph 6 in the case of Ram Awadh (Dead) by Lrs. and Others vs.Achhaibar Dubey and Another [(2000) 2 SCC428] was as under:6. The obligation im... | 1 | 1,500 | 332 | ### 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:
clarify the situation and making out this omission insignificant. 71.The nature of defence of denial of execution of Ex.A... |
Karuna Singh Vs. State Of Nct Of Delhi & Anr | of this case, it is submitted, that this Court should issue appropriate directions to the Magistrate (Negotiable Instruments Act) so as to require him to effectively control the petitioner’s cross-examination (at the hands of the respondent no.2), as the petitioner’s fundamental rights are being violated. 5. We have gi... | 0[ds]In so far as the instant aspect of the matter is concerned, it was the case of the petitioner, that the High Court had failed to take any final decision in the matter. It was also submitted at the behest of the petitioner that the Magistrate (Negotiable Instruments Act) trying the complaint of the petitioner, had ... | 0 | 2,416 | 1,135 | ### Instruction:
Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document.
### Input:
of this case, it is submitted, that this Court should issue appropriate directions to the Magistr... |
JOSEPH SHINE Vs. UNION OF INDIA | commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment for a term which may extend to 10 years and shall also be liable to fine. The action for committing suicide is also on account of mental disturbance caused by mental and physical cruelty. To constitute an offence under Se... | 1[ds]6. At this stage, one aspect needs to be noted. At the time of initial hearing before the three-Judge Bench, the decision in Yusuf Abdul Aziz (supra) was cited and the cited Law Report reflected that the judgment was delivered by four learned Judges and later on, it was noticed, as is reflectible from the Supreme ... | 1 | 15,192 | 5,637 | ### 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:
commits suicide, whoever abets the commission of such suicide, shall be punished with imprisonment for a term whic... |
The Management Of State Bank Of India Vs. Smita Sharad Deshmukh | materials on record and are not perverse....."5. The evidence led by the employee, as rightly appreciated by the Industrial Tribunal, would clearly show that she had the knowledge that the document she produced was a forged one. Therefore, there was no requirement on the part of the Management to establish whether she ... | 1[ds]4. We find it difficult to appreciate the strange stand taken by the High Court. The Labour Court had clearly analysed the entire evidence and had come to the conclusion that the employee was fully aware of the forgery. The Tribunal took note of the fact that she had produced a copy of the postal receipt of dispat... | 1 | 2,258 | 629 | ### 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:
materials on record and are not perverse....."5. The evidence led by the employee, as rightly appreci... |
Karimtharuvi Tea Estate Ltd Vs. State Of Kerala | year, even if the assessment is actually made after the amendments come into force.9. In Scindia Steam Navigation Co. Ltd. v. Commr. of Income-tax, (1954) 26 ITR 686 : (AIR 1955 Bom 230 ), a Division Bench of the Bombay High Court, consisting of Chagla, C. J., and Tendolkar, J., considered the question as to the effect... | 1[ds]8.Now, it is well-settled that the Income-tax Act, as it stands amended on the first day of April of any financial year must apply to the assessments of that year. Any amendments in the Act which come into force after the first day of April of a financial year, would not apply to the assessment for that year, even... | 1 | 1,922 | 207 | ### 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:
year, even if the assessment is actually made after the amendments come into force.9. In Scindia Steam Naviga... |
Commnr. Of Central Excise, Raipur Vs. M/S. Hira Cement | had been using the premises belonging to the Respondent as also the telephones which are installed therein or had been selling cement from it, the same by itself cannot be a ground for holding that the Respondent had been using the brand name of the said Hira Industries Limited. It was submitted that in fact the said H... | 1[ds]The purport and object of grant of exemption to a SSI unit is clear and unambiguous. It can be availed of, provided that they satisfy the conditions precedent therefor. The criteria for determining the eligibility of an entrepreneur for becoming entitled to have the benefit of exemption notification, it is well-se... | 1 | 3,710 | 113 | ### 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:
had been using the premises belonging to the Respondent as also the telephones which are installed therein or had been sel... |
The Brihan Maharashtra Sugarsyndicate Ltd Vs. Janardan Ramchandra Kulkarniand Others | had not been passed, but S 555(7) of the Act of 1956 will apply in respect of moneys paid into the Companies Liquidation Account. All that this section does is to make the provisions of the repealed Act applicable to the winding up notwithstanding the repeal. The provisions of S. 555(7) need not be referred to as they ... | 0[ds]We do not consider it necessary to pronounce on this question for it seems to us clear that that proceeding can be continued in spite of the repeal of the Act of 1913 in view of S. 6 of the General Clausesit so Section 6 of the General Clauses Act none the less remains applicable with respect to the effect of the ... | 0 | 1,976 | 804 | ### 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:
had not been passed, but S 555(7) of the Act of 1956 will apply in respect of moneys paid into the Companies Liquidation ... |
Keshav Nilkanth Joglekar Vs. The Commissioner Of Police, Greaterbombay(And Connected Pe | the communication should be made not later than 5 days from the date of the order, and as S.3 (3) was more peremptory than S.7 in that it required that the report should be made forthwith, the period allowable under S.3 (3) could not exceed 5 days, and that as in these cases the reports were sent 8 days later, they cou... | 0[ds]10. We agree that forthwith in S.3(3) cannot mean the same thing as as soon as may be in S.7, and that the former is more peremptory than the latter. The difference between the two expressions lies, in our opinion, is this that while under S.7 the time that is allowed to the authority to send the communication to ... | 0 | 3,789 | 590 | ### 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 communication should be made not later than 5 days from the date of the order, and as S.3 (3) was... |
Nathmal Tolaram Vs. Superintendent Of Taxes, Dhubri And Another | of any goods chargeable to tax has escaped assessment during the return period, to serve at any time within three years of the aforesaid period, on the dealer liable to pay the tax in respect of such turnover a notice containing all or any of the requirements which may be included in a notice under sub-sec. 2 of S. 16 ... | 1[ds]8. The principle of this case has in our judgment no application to the present case. The High Court at Bombay in its advisory jurisdiction had declared the assessment already made to be illegal. But the Commissioner was under S. 33 of the Indian Income Tax Act invested with jurisdiction to direct further enquiry,... | 1 | 2,201 | 337 | ### Instruction:
Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding.
### Input:
of any goods chargeable to tax has escaped assessment during the return period, to serve at any time within three ... |
Deputy Commercial Tax Officer & Anr Vs. Sha Sukhraj Peerajee | Lords in Whitney v. Commissioners of Inland Revenue 1926 AC 37 that the liability to tax does not depend upon assessment. The liability is definitely created by Sections 3 and 4 of the Income-tax Act which are the charging Sections and the assessment order under Section 23 only quantifies the liability which has alread... | 1[ds]But there is no such provision in the Act for the period with which we are concerned in the presentare unable to accept this argument as correct. Section 19 (1) of the Act empowers the State Government to make rules to carry out the purposes of the Act,but the Section cannot be utilised to enlarge the scope of Sec... | 1 | 2,466 | 530 | ### 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:
Lords in Whitney v. Commissioners of Inland Revenue 1926 AC 37 that the liability to tax does not depend up... |
Sharad Kumar Sanghi Vs. Sangita Rane | no allegation against him. In the initial statement made under Section 200 of the Cr.P.C., the complainant after narrating the facts, has stated thus : "Sanghi Brothers Limited run by Mr. Sharad Sanghi committed cheating with the Applicant by delivering accidented vehicle in place of a new one and caused gross financia... | 1[ds]11. In the case at hand as the complainants initial statement would reflect, the allegations are against the company, but the company has not been made arrayed as a party. Therefore, the allegations have to be restricted to the Managing Director. As we have noted earlier, allegations are vague and in fact, princip... | 1 | 1,869 | 328 | ### 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:
no allegation against him. In the initial statement made under Section 200 of the Cr.P.C., the complainant af... |
Purushottam Das Vs. Viii Additional Distt. and Sessions Judge, Allahabad and Others | explanation (iv) to Section 21 of the Act. The prescribed authority held that both the grounds were made out by respondent 3 and the case also fell within explanation (iv) and it accordingly passed an order of eviction against the appellant and respondents 4 to 10. The appeal preferred by the appellant against the orde... | 1[ds]The High Court ought in the circumstances, to have examined the contention of the appellant that the comparative hardship of the landlord and the tenant in the light of the factors set out in Rule 16 was not taken into account by the prescribed authority and the learned District Judge. It was contended on behalf o... | 1 | 1,202 | 243 | ### 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:
explanation (iv) to Section 21 of the Act. The prescribed authority held that both the grounds were made out by respondent... |
Gyan Chand Vs. Kunjbeharilal and Ors | situated as if it were a decree passed by such Munsif or Civil. Judge, as the case may be. Next, section 17 describes the powers of a Magistrate to require premises to be let and certain orders can be passed under that section by the Magistrate. Similarly section 19 enables the Magistrate to pass certain orders with re... | 0[ds]Thus it is manifest that t he appellant was fully aware of the proceedings that had taken place as also of the order that had been passed against the defendants striking out their defence.may be. stated at the outset that when the appellant applied for setting aside the ex parte order he gave no explanation whatso... | 0 | 3,802 | 1,973 | ### 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:
situated as if it were a decree passed by such Munsif or Civil. Judge, as the case may be. Next, section 17 descr... |
HIRANDRA KUMAR Vs. HIGH COURT OF JUDICATURE AT ALLAHABAD | of the notification. The employer in this behalf has a choice. Its discretion can be held to be arbitrary but then the High Court only with a view to show sympathy to some of the candidates could not have fixed another date, only because according to it, another date was more suitable. In law it was not necessary. The ... | 0[ds]17. The submission which was urged on behalf of the petitioners is based on the decision of this Court in Malik Mazhar Sultan (supra). While formulating a time schedule for the filling up of vacancies both in the Higher Judicial Service and at all other levels in the district judiciary, this Court was cognizant of... | 0 | 6,119 | 2,039 | ### Instruction:
Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages.
### Input:
of the notification. The employer in this behalf has a choice. Its discretion can be held to be arbitrary ... |
Sita Ram Bishambher Dayal & Ors Vs. State Of U.P. & Ors | modulated to meet the exigencies of the situation. In a Cabinet form of Government the executive is expected to reflect the views of the legislatures. In fact in most matters it gives the lead to the legislature. However much one might deplore the New Despotism of the executive the very complexity of the modern society... | 0[ds]5. It is true that the power to fix the rate of a tax is a legislative power but if the legislature lays down the legislative policy and provides the necessary guidelines, that power can be delegated to the executive. Though a tax is levied primarily for the purpose of gathering revenue, in selecting the objects t... | 0 | 1,730 | 720 | ### 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:
modulated to meet the exigencies of the situation. In a Cabinet form of Government the executive is expected to reflect th... |
State Bank of India Vs. Special Secretary Land and Land Revenue and Reforms and Land and Land Utilisation Deptt. of W.B. and Others | or otherwise attracts any of the exemptions envisaged under Section 19 of the Act. It is true, as held by this Court, in W.O. Holdsworth case , that whatever be the position of a trustee or a Trust under English law, under Section 3 of the Indian Trusts Act (Trusts Act for short) a trust is an obligation annexed to the... | 0[ds]It is true, as held by this Court, in W.O. Holdsworth case , that whatever be the position of a trustee or a Trust under English law, under Section 3 of the Indian Trusts Act (Trusts Act for short) a trust is an obligation annexed to the ownership of property and arising out of confidence reposed in and accepted b... | 0 | 3,741 | 856 | ### 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 otherwise attracts any of the exemptions envisaged under Section 19 of the Act. It is true, as hel... |
N.D. Bhatt, Inspecting Assistant Commissioner of Income Tax and Another Vs. I.B.M. World Trade Corporation | 22nd November, 1974 the assessee had voluntarily disclosed to the Commissioner of Income-tax the error in calculation of headquarters expenses. The excess debit has arisen because larger expenses of the region office rather than the area office have been taken into account. The assessee has voluntarily disclosed this e... | 0[ds]10. Now, for the Assessment Years7, there was no error on the part of the assessee in claiming a deduction on account of Headquarters expenses. The same were correctly computed. So there was no omission or failure on the part of the assessee to disclose material facts. Under section 148(2) reasons are required to ... | 0 | 5,597 | 1,709 | ### 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:
22nd November, 1974 the assessee had voluntarily disclosed to the Commissioner of Income-tax the error in ca... |
M/s Rajankumar and Brothers (Impex) Vs. Oriental Insurance Company Ltd | Respondent had waived the breach of warranty before the Appellants claim, by incorporating Clause 5.2 of the Policy. 6.3 We may now turn to whether the Respondent waived the breach of warranty by its conduct or any representation. During the course of arguments, it was put to the learned counsel for the parties whether... | 1[ds]5. With respect to the first issue, it is not disputed that both the Cover Note and the Marine Insurance Policy stated that the ICC would be one of the warranties/terms of insurance. Additionally, Clause 6 of the Cover Note, as mentioned supra, prescribed that the subject vessel needed to conform to the current IC... | 1 | 10,620 | 3,168 | ### 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:
Respondent had waived the breach of warranty before the Appellants claim, by incorporating Clause 5.2 of the Policy. 6.3 ... |
FRANKLIN TEMPLETON TRUSTEE SERVICES PRIVATE LIMITED AND ANOTHER Vs. AMRUTA GARG AND OTHERS ETC | to be the best way to ensure a fair and equitable distribution of monies to unitholders while minimizing erosion in value for investors. It is also the contention of the trustees that they were required to justify and explain the reasons for winding up of the six schemes and hence the notice was worded in this manner. ... | 1[ds]Pertinently, after receipt of the forensic audit report, SEBI has issued show cause notice which is pending adjudication. Common people invest in mutual funds driven by factors such as simplicity in purchase and redemption of units, flexibility of holding and tenure, and liquidity by conversion into money. In the ... | 1 | 10,754 | 5,782 | ### 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:
to be the best way to ensure a fair and equitable distribution of monies to unitholders while minimizing erosion in value f... |
DR. SRIDIP CHATTERJEE Vs. DR. GOPA CHAKRABORTY | different nomenclature. The Diploma in Yoga Education is nothing but Diploma in Yoga, therefore, the appellant satisfies the eligibility requirement. Though, the Selection Committee has not specifically recorded that the qualification possessed by the appellant is in terms of the conditions of advertisement but the mem... | 1[ds]15. We have heard learned counsel for the parties and find that the judgment of the Division Bench of the High Court is not sustainable in law.16. The condition of the advertisement was Diploma in Yoga or Yoga Therapy. The appellant possesses Diploma in Yoga Education. The Court in exercise of power of judicial re... | 1 | 2,354 | 409 | ### 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:
different nomenclature. The Diploma in Yoga Education is nothing but Diploma in Yoga, therefore, the appellant satisfies ... |
Maharaja Sir Pateshwari Prasad Singh Vs. State of Uttar Pradesh | contended on behalf of the respondent State that the word "grant" in the notification meant grant in cash only and for this purpose reference was made to various rules framed by the State Government for the management of charitable dispensaries and hospitals. The her the contention of the respondent or the view express... | 1[ds]It does not seem to us that either of these reasons isg the second reason first, it may be stated that it is conceded on behalf of the respondent State that if the words "agriculturalin condition (b) do not includen only persons having an income between Rs. 3,000 and Rs. 3,214 per annum would be benefited. The res... | 1 | 3,841 | 1,764 | ### 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:
contended on behalf of the respondent State that the word "grant" in the notification meant grant in cash only and for thi... |
Union of India and Ors Vs. S.P. Rathore | DEEPAK GUPTA, J. 1. The short question involved in this appeal filed by the Union of India is whether disability pension is at all payable in case of a Air Force Officer who superannuated from service in the natural course and whose disability is less than 20%. 2. We may make reference to the Defence Service Regulation... | 0[ds]6. Para 8.2 falls under the heading of Disability Element on Disability/Discharge. A bare reading of Para 8.2 shows that where the disability is more than 20% but less than 80%, the rates prescribed earlier would be proportionately reduced. Again, it is made clear that no disability element shall be payable for di... | 0 | 927 | 949 | ### 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:
DEEPAK GUPTA, J. 1. The short question involved in this appeal filed by the Union of India is whether d... |
State of Uttar Pradesh Vs. M/s. Manohar & Co., Bareilly | the Act was issued and the escaped turnover was brought to assessment on the basis of best judgment assessment. The escaped turnover was determined at Rupees three lacs. The assessee challenged this reassessment before the Judge (Appeals). It contended before the Judge (Appeals) that the reassessment in question is inv... | 0[ds]In view of that decision, it was agreed by the Counsel for the parties that the first question has to be answered in the negative and in favour of the assessee. From that decision it follows that an assessment in contravention of S. 18 (4) of the Act though in conformity with Rule 39 is an invalid assessment.7. No... | 0 | 1,408 | 171 | ### 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 Act was issued and the escaped turnover was brought to assessment on the basis of best judgment assessment. Th... |
Andhra Pradesh Tourism Development Corporation Ltd. & Another Vs. M/s. Pampa Hotels Ltd | is no arbitration agreement between the respondent (applicant in the application under section 11 of the Act) and APTDC against whom such agreement is sought to be enforced. Re : Question (ii) : 12. Let us next consider the question as to who should decide the question whether there is an existing arbitration agreement... | 1[ds]15. What the appellants contend, would have been the position if there was a statutory provision for appeal and SBP had directed that in view of prospective overruling of Konkan Railway pending matters will not be affected. But(7) of Section 11 of the Act makes the decision of the Chief Justice or his designate fi... | 1 | 3,284 | 324 | ### 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:
is no arbitration agreement between the respondent (applicant in the application under section 11 of the Act) and... |
Mangal Amusement Park(P) Ltd Vs. State Of M.P | merely on that count. The following observations of this Court in para 35 of Jasbir Singh Chhabra & Ors. vs. State of Punjab reported in 2010 (4) SCC 192 are instructive in this behalf:- “35. It must always be remembered that in a democratic polity like ours, the functions of the Government are carried out by different... | 0[ds]23. In our view, the appellants have tried to make much ado about the stand which the IDA took on earlier occasions in favour of the appellants. One has to recognise that where different authorities are dealing with a particular subject, it is quite possible that on some occasions, they may take a stand different ... | 0 | 6,329 | 414 | ### 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:
merely on that count. The following observations of this Court in para 35 of Jasbir Singh Chhabra & Ors. vs. State of Punja... |
Petine Shipping Inc. of Monrovia Vs. The Minerals and Metals Trading Corporation of India Ltd | was not an application as envisaged under section 31(4) of the Act and thus Delhi High Court did not get conferred with the exclusive jurisdiction to entertain all applications pertaining to the present arbitration dispute. It is further contended that if this becomes the situation, then any party could indulge in foru... | 1[ds]13) The main object of Section 31 of the Arbitration Act is to invest a single court with the exclusive jurisdiction to decide all questions relating to the matter of arbitration; this object is achieved by the combined operation of all its sub-sections. The words "application in a reference" used in sub-section (... | 1 | 1,864 | 313 | ### Instruction:
Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case.
### Input:
was not an application as envisaged under section 31(4) of the Act and thus Delhi High Court did not get con... |
M/S. Alopi Parshad & Sons, Ltd Vs. The Union Of India | District Cinemas Ltd., 1951-1 KB 190 at p. 201. In that case, Denning, L. J., is reported to have observed:.......no matter that a contract is framed in words which taken literally or absolutely, covered what has happened, nevertheless, if the ensuing turn of events was so completely outside the contemplation of the pa... | 0[ds]16. The extent of the jurisdiction of the court to set aside an award on the ground of an error in making the award isThere is no foundation for the view that a specific reference, submitting a question of law for the adjudication of the arbitrators, was made.18. We agree, therefore, with the view of the High Cour... | 0 | 5,849 | 978 | ### 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:
District Cinemas Ltd., 1951-1 KB 190 at p. 201. In that case, Denning, L. J., is reported to have obser... |
Shibsankar Nandy Vs. Prabartak Sangha And Ors | urge, as it was purely a question as to the constitutional validity of Section 24. The contention was that the right of transfer enacted in that section was founded solely on the consideration of vicinage and therefore constituted an unreasonable restriction on the guaranteed right of respondents 2 and 3 and the appell... | 0[ds]In view of the clear finding by the Additional District Judge it can no longer be disputed that the land in question is contiguous to the land in actual possession of the 1st respondent Association. There is also no reason why the finding of the High Court that the land is bona fide required by the 1st respondent ... | 0 | 3,568 | 722 | ### 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:
urge, as it was purely a question as to the constitutional validity of Section 24. The contention was that the right of t... |
UNIVERSITY OF DELHI Vs. UNION OF INDIA | apart, as rightly noticed by the Division Bench in the LPA, the approval from the Executive Council was obtained on 28.02.2017 / 07.03.2017, the appeal was ultimately filed on 01.03.2018 after an year from the said date which only indicates the casual approach which is now sought to be overcome with the plea of public ... | 0[ds]20. From a consideration of the view taken by this Court through the decisions cited supra the position is clear that, by and large, a liberal approach is to be taken in the matter of condonation of delay. The consideration for condonation of delay would not depend on the status of the party namely the Government ... | 0 | 6,737 | 1,895 | ### 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:
apart, as rightly noticed by the Division Bench in the LPA, the approval from the Executive Council was obta... |
M/s Mysore Minerals Limited, M.G. Road, Bangalore Vs. The Commissioners of Income Tax, Karnataka, Bangalore | owner does not come forward and assert his title by the process of law within the period prescribed by the provisions of the statute of Limitation applicable to the case, his right is for ever extinguished and the possessory owner acquires an absolute title." Podar Cements case (supra) is under the Income-tax Act and h... | 1[ds]In our opinion, the term owned as occurring in Sec. 32(1) of theAct, 1961 must be assigned a wider meaning. Any one in possession of property in his own title exercising such dominion over the property as would enable others being excluded therefrom and having right to use and occupy the property and/or to enjoy i... | 1 | 2,962 | 882 | ### 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:
owner does not come forward and assert his title by the process of law within the period prescribed by ... |
Dehri Rohtas Light Railway Company Limted Vs. District Board Bhojpur And Ors | of quashing the said demands in the writ petition filed earlier. The challenge in the suit as stated was only on the basis of the agreement and not on the ground of illegality. The company did not include the demands for the earlier years in the first writ petition. It is therefore, contended for the respondents that t... | 0[ds]11. It is accordingly settled that the statutory basis of the chargeability under the Cess Act is the immovable property of the Company. The appellants learned counsel maintained that the jurisdiction of the Cess Authorities is, therefore, confined to levy of cess only on the net profits of the company derived fro... | 0 | 2,074 | 699 | ### Instruction:
Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document.
### Input:
of quashing the said demands in the writ petition filed earlier. The challenge in the suit as sta... |
Pushpawatibai (Deceased) & After Her Legal Representatives & Others Vs. Ratansi & Another | for partition of the joint family property (Civil Suit No. 26 of 1909). Dinkarrao Rajurkar who subsequently died is the husband of the first appellant and the father of appellants 2-.5. In execution of the decree passed in the said suit, a plot of land along with other property was allotted to the shale of Dinkarrao. W... | 0[ds]In our opinion, this contention is purely technical and has been rightly rejected by the Letters Patent Bench. The execution application no doubt purports to obtain execution of the decree passed in appeal No. 54 of 1940 on December 10, l946: but the record shows that after objections were filed to the said applic... | 0 | 1,226 | 313 | ### 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:
for partition of the joint family property (Civil Suit No. 26 of 1909). Dinkarrao Rajurkar who subsequently died is the hus... |
Jagdeo Singh and Others Vs. State of Maharashtra | as he was absconding The remaining eight persons were tried by the learned Additional Sessions Judge, Five were acquitted. Jagdeo Singh, Baldeo Singh and Labh Singh were convicted and they are the appellants before us 2. Shri A. N. Mulla learned counsel for the appellants took us through the relevant evidence and submi... | 0[ds]3. We have considered the submissions of Shri Mulla carefully. We are not impressed with the submissions. On the other hand we are greatly impressed by the evidence of P.W. 3 His evidence regarding the complicity of the appellants before us is corroborated by the statement made by him to the Taluqa Magistrate soon... | 0 | 2,335 | 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:
as he was absconding The remaining eight persons were tried by the learned Additional Sessions Judge, Five were a... |
Sanjay Verma Vs. Haryana Roadways | is between the age group of 50 to 60 years so as to make the compensation just, equitable, fair and reasonable. There shall normally be no addition thereafter.” 13. Certain parallel developments will now have to be taken note of. In Reshma Kumari and Others vs. Madan Mohan and Another [(2009) 13 SCC 422] , a two Judge ... | 1[ds]No fault, therefore, can be found in the order of the High Court which proceeds on the basis that the annual income of the claimant at the time of the accident was Rs.41,300/-.into account the age of the claimant (25 years) and the fact that he had a steady income, as evidenced by the income-tax returns, we are of... | 1 | 3,062 | 454 | ### 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:
is between the age group of 50 to 60 years so as to make the compensation just, equitable, fair and reasonabl... |
Union of India and Another Vs. Dhrangadhra Chemical Works and Another | was to follow for every quarter. It is the accepted position that for the months of April, May and June 1974 the D.A. worked out at Rs. 78/- per month, but for the quarter. commencing on 1st July, 1974, and ending on 30th September, 1974, it worked out at Rs. 88.50 per month. In other words, it was an agreed position b... | 1[ds]It is clear under section 2(b) that additional D.A. has to be sanctioned after the appointed day. "Sanctioned" is the heart of the definition clause. Since additional D.A. is defined to mean such D.A. as may be sanctioned from time to time after the appointed day, Explanation-I to the definition is inserted to. de... | 1 | 1,381 | 754 | ### 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:
was to follow for every quarter. It is the accepted position that for the months of April, May and June 1974 the ... |
NAND KUMAR MANJHI AND ANR, ETC Vs. THE STATE OF BIHAR ETC | SCC 637 ( paragraphs 7 to 13) 8.5. Rule 22 of the Bihar Forest Service Rules, 1953 provides for the preparation of the Merit List on the basis of the aggregate marks secured by a candidate in the written examination as well as viva voce test. It provides that the Commission shall nominate such number of candidates from... | 0[ds]In the aforesaid background facts, the Patna High Court was fully justified in dismissing the Writ Petitions and the Letters Patent Appeals filed by theHigh Court rightly held that the seniority of the Appellants can be reckoned only from the date of their regularisation in service w.e.f. 03.10.2005, and not from ... | 0 | 5,072 | 164 | ### 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:
SCC 637 ( paragraphs 7 to 13) 8.5. Rule 22 of the Bihar Forest Service Rules, 1953 provides for the preparation of the Mer... |
Balasaheb Vishnu Chavan Vs. State of Maharashtra and Others | (4) Civil Judges (Junior Division) and Judicial Magistrates of the First Class (5) Metropolitan Magistrates, Juvenile Court, Bombay. The Senior Branch of the Judicial Service consists of District Judges, the Principal Judge and the Judges of the Bombay City Civil Court, the Chief Judge and the Additional Chief Judge of... | 0[ds]Rule 3 of the Rules provides that the Judicial Service in Maharashtra shall consist of two Branches-(a) the Junior Branch, and (b) the Senior Branch. The Junior Branch consists of the following class I Officers namely (1) Judges of the small Causes Courts at places other than Bombay; (2) Civil Judges (Senior Divis... | 0 | 1,848 | 971 | ### 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:
(4) Civil Judges (Junior Division) and Judicial Magistrates of the First Class (5) Metropolitan Magistrates, ... |
S. P., Forest Cell, Adyar and Another Vs. Kannans Company | Leave granted. Heard learned counsel for the parties. The present appeal is directed against the order dated 2-9-1992, of the Single Judge in Writ Petition No. 12601 of 1992 filed by the respondent before the High Court of Judicature at Madras. The writ petition was allowed with the direction to the appellant to return... | 1[ds]The High Court committed error in adjudicating the question,whether the sandalwood was legally or illegally seized or was or was not in wrongful possession or whether the seized sandalwood is or is not ther of criminal cases.There did not exist any evidence on record to decide or conclude any such above findings. ... | 1 | 639 | 642 | ### 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:
Leave granted. Heard learned counsel for the parties. The present appeal is directed against the order dated... |
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