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Shri K. Ravindranathan Nair Vs. Commissioner Of Income-Tax, Ernakulam | is here by the special leave. 4. It needs to be noted that the Revenue had sought the reference of six questions. The Tribunal had disallowed its application insofar as it related to five questions on the basis that the one issue, that was covered by the question quoted above, had been split up into six questions. The ... | 1[ds]6. The High Court, surprisingly, threw out all the findings of fact that were reached by the Tribunal. It did so because, in the High Courts view, the Tribunal had misdirected itself in law in arriving at these findings. This was because, according to the High Court, the Tribunal had over looked or ignored a clinc... | 1 | 1,508 | 462 | ### 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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is here by the special leave. 4. It needs to be noted that the Revenue had sought the reference of six questions. The Trib... |
I.N.Saksena Vs. State Of Madhya Pradesh | had attained the age of 55 years on three months notice; otherwise we do not see why this was not included in the amendment when it was published on December 6, 1963.We may note in contrast that the contents of Para 3 of the memorandum were incorporated in the rule. We, therefore, hold that the memorandum of February 2... | 1[ds]7. We are not prepared to extend the decisions of this Court on this aspect if the matter in the manner contended for by the appellant. Where an order requiring a Government servant to retire compulsory contains express words from which a stigma can be inferred, that order will amount to removal within the meaning... | 1 | 4,264 | 2,281 | ### 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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had attained the age of 55 years on three months notice; otherwise we do not see why this was not included in the amendmen... |
Shiva Jute Baling Ltd Vs. Hindley & Co. Ltd | that its directions are carried out regarding the furnishing of security or the making of deposit and when these conditions are fulfilled, it has then to declare the appeal finally admitted under Order45. Rule 8 of the Civil Procedure Code. The jurisdiction of the Supreme Court begins after the appeal is finally admitt... | 0[ds]His argument is that under Order 32, R. 9 of the Original Side Rules of the Calcutta High Court, a Supreme Court appeal must be deemed to have been admitted by the very order of this Court granting special leave and as soon as the appellants have carried out the directions of the Supreme Court regarding furnishing... | 0 | 2,772 | 844 | ### 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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that its directions are carried out regarding the furnishing of security or the making of deposit and when these condition... |
Department Of Telecommunications Vs. Gujarat Coop.Milk Mkting. Federation Ltd | grant rebates to several subscribers. But that cannot be a ground for granting rebate in this case, as no irregularity was found in this case. The fact that in some case, some departmental employee had committed some tampering, is not a ground for inferring that there must have been tampering in this case. The High Cou... | 1[ds]9. The learned Single Judge held that the Arbitrator had without any evidence assumed that the son or other family members of subscriber must have used the telephone available on account of plug/socket arrangement in every room as also an extra telephone, parallel lines for making theThe basis for the billing is n... | 1 | 4,101 | 1,790 | ### 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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grant rebates to several subscribers. But that cannot be a ground for granting rebate in this case, as no irregularity was... |
RAJASTHAN STATE ELECTRICITY BOARD JAIPUR Vs. THE DY. COMMISSIONER OF INCOME TAX(ASSESSMENT) & ANR | following has been laid down: 9. On a cursory reading of the provision, it is clear that the object of Section 143(1- A) is the prevention of evasion of tax. By the introduction of this provision, persons who have filed returns in which they have sought to evade the tax properly payable by them is meant to have a deter... | 1[ds]13. The amendments brought by Finance Act, 1993 with retrospective effect i.e. from 01.04.1989 are fully attracted with regard to assessment in question i.e. for assessment year 1991-92. The substituted sub- section (1-A) makes it clear that where the loss declared by an assessee had been reduced by reason of adju... | 1 | 4,452 | 890 | ### 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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following has been laid down: 9. On a cursory reading of the provision, it is clear that the object of Section 143... |
MOHAMMAD SALIMULLAH AND ANR Vs. UNION OF INDIA AND ORS | both of them are Rohingya refugees from Myanmar and they are housed in a refugees camp. They claim to have fled Myanmar in December-2011 when ethnic violence broke out. 5. It appears that persons similarly placed like the petitioners are housed in refugee camps in New Delhi, Haryana, Allahabad, Jammu and various other ... | 1[ds]12. We have carefully considered the rival contentions. There is no denial of the fact that India is not a signatory to the Refugee Convention. Therefore, serious objections are raised, whether Article 51(c) of the Constitution can be pressed into service, unless India is a party to or ratified a convention. But t... | 1 | 1,365 | 275 | ### Instruction:
First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document.
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both of them are Rohingya refugees from Myanmar and they are housed in a refugees camp. They claim to have fled Myanmar in ... |
Uttar Pradesh Co-Operative Federation Ltd Vs. M/S Sunder Brothers Of Delhi | necessarily that arbitrator has himself formed opinions. But though the contractor is bound by that contract, still he has a right to demand that, notwithstanding those pre-formed views of the engineer, that gentleman shall listen to argument and determine the matter submitted to him as fairly as he can as an honest ma... | 0[ds]It has been observed by the High Court that it would be a difficult task for the arbitrator to investigate as to which of the rules made under the Co-operative Societies Act are consistent with and which of those rules are not consistent with the provisions of the Indian Arbitration Act and therefore it was a fit ... | 0 | 3,479 | 1,412 | ### Instruction:
Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document.
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necessarily that arbitrator has himself formed opinions. But though the contractor is bound by that contrac... |
India Cements Ltd Vs. Collector Of Central Excise | excise duty on the price of packing material used for packing of superfine cement which according to the appellant was paid under protest whereas according to the respondent, it was not paid under protest and therefore, the claim of refund is barred by time. 2. The brief facts necessary for determination are : The appe... | 1[ds]7. We heard learned counsel for parties. It is not in dispute that the duty was paid for the period from July 4, 1974 to March 1, 1975. If it was paid under protest, the orders of the authorities cannot be sustained. It is, therefore, necessary to refer to the contents of the letter dated June 11, 1974. The letter... | 1 | 1,134 | 682 | ### 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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excise duty on the price of packing material used for packing of superfine cement which according to the appellant... |
Indian Oil Corporation Ltd. and Ors Vs. T. Natarajan | by the observations of the Single Judge at best gave liberty to the Respondent to file a representation for re-consideration of his case for restoration of his dealership by the IOC but not beyond it. Indeed, according to learned Counsel, if the award had been in favour of the Respondent, then in such case, there was n... | 1[ds]31. Having heard the learned Counsel for the parties and on perusal of the record of the case, we find force in the submissions urged by the learned senior Counsel for the Appellant.33. In our considered opinion, the Division Bench was not justified in doing so and this we say for the following reasons.34. Coming ... | 1 | 2,769 | 726 | ### 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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by the observations of the Single Judge at best gave liberty to the Respondent to file a representation for re-considerati... |
State Of U.P. Vs. Hirendra Pal Singh Etc | Clauses Act, 1897. Repeal is not a matter of mere form but is of substance. Therefore, on repeal, the earlier provisions stand obliterated/abrogated/wiped out wholly, i.e., protanto repeal (vide: M/s. Dagi Ram Pindi Lall & Anr. v. Trilok Chand Jain & Ors., AIR 1992 SC 990 ; Gajraj Singh etc. v. The State Transport Appe... | 1[ds]18. The High Court vide impugned interim orders stayed the operation of the amended provisions of the L.R. Manual and directed the State authorities to consider the applications for renewal etc. under the unamended provisions, i.e., which stood repealed by the amendment dated 13.8.2008. The question does arise as ... | 1 | 3,663 | 691 | ### 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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Clauses Act, 1897. Repeal is not a matter of mere form but is of substance. Therefore, on repeal, the earlier... |
Commissioner of Income-Tax-8, Mumbai Vs. Chemosyn Limited | decision of the Tribunal in Kalpataru Construction Overseas (P.) Ltd. (supra) has been appealed to this Court and to which the answer was "we do not know".8. We find that on facts the impugned order of Tribunal has held that no income has been accrued or received of the value of 18000 sq.feet of constructed area under ... | 0[ds]8. We find that on facts the impugned order of Tribunal has held that no income has been accrued or received of the value of 18000 sq.feet of constructed area under the development agreement dated 16.6.2006. This on account of the fact that the agreement dated 16.6.2006 was not acted upon as it came to be supersed... | 0 | 2,383 | 376 | ### Instruction:
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decision of the Tribunal in Kalpataru Construction Overseas (P.) Ltd. (supra) has been appealed to this Court and to which... |
Central Coal Fields Limited Etc Vs. Bhubaneswar Singh and Others | which the management of the coking coal mine.....remained vested in the Central Government." The present dispute is within the ambit of sub-s. (2) of s. 21. Section 22 provides the procedure for the statement of accounts to be drawn up in regard to the period of management Sub-s. (1), so far as relevant, runs thus:"22.... | 0[ds]Under the Income-tax Act profits have to be ascertained for the purpose of computing tax liability. Under the Nationalisation Act the books had to be balanced with a view to finding out whether the Government company which was in management for the relevant period on behalf of the owner was to pay anything to the ... | 0 | 2,391 | 494 | ### 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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which the management of the coking coal mine.....remained vested in the Central Government." The present dispute is within t... |
Putti Kondala Rao & Ors Vs. Vellamanchili Sitarattamma & Anr | notification to that effect. Because the date of sale was a public holiday, the sale was held on the next day 7 June, 1960. The Munsif held that when the sale is held on a date different from that notified without an order of adjournment and a further proclamation of sale it would amount only to an irregularity and the... | 1[ds]12. The features brought out on the materials in this case are that there was proper service and the sale was held on 7 June, 1960 because the previous day was a public holiday. The judgment debtors did not give their valuation. The property sold was subject to mortgages and charge. The decree holders have been ke... | 1 | 1,560 | 322 | ### Instruction:
Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages.
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notification to that effect. Because the date of sale was a public holiday, the sale was held on the next ... |
Plastiblends India Limited Vs. Addl. Commissioner of Income Tax, Mumbai and Ors | in Williamson Financial Services and held that:"In this connection, it is also important to note that section 80A which falls in Chapter VI-A, deductions are allowed only from `gross total income". The object for making such provision is to limit the amount of section 80HHC deduction. It is true that section 80HHC prov... | 0[ds]6. It is not in dispute that all the assessees in these appeals are those industrial undertakings which fulfil the conditions mentioned in Sectionand, therefore, are entitled to deductions as stipulated in(5) of the said Section. It is also not in dispute that all the assessees fall in that category of industrial ... | 0 | 6,269 | 870 | ### Instruction:
First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document.
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in Williamson Financial Services and held that:"In this connection, it is also important to note that section 80A which fal... |
Sitaram Vs. Radhey Shyam Vishnav & Others | issue arose with regard to the interpretation of the provisions contained in the Rajasthan Panchayati Raj Election Rules, 1994 (for short, "the 1994 Rules"). Rule 81(2) of the 1994 Rules provides that no petition shall be deemed to have been presented under the election rules unless the petitioner deposits a sum of Rs.... | 1[ds]Mr. Jain, learned senior counsel appearing for the 1st respondent, has advanced the contention with regard to substantialcompliance. To bolster the said submission, immense inspiration has been drawn from aBench decision in Chandrika Prasad Tripathi v. Shiv Prasad Chanpuria and others,. On a perusal of the aforesa... | 1 | 9,507 | 540 | ### 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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issue arose with regard to the interpretation of the provisions contained in the Rajasthan Panchayati Raj Election... |
Commissioner Of Wealth Tax, Madras Vs. Ramaraju Surgical Cotton Mills, Ltd | had already come into force. Consequently the condition laid down in the principal clause of S. 5 (1) (xxi) was satisfied and the company became entitled to exemption in respect of the value of the assets used up in setting up this unit. 5. Learned counsel for the Commissioner, however, challenged the right of the resp... | 1[ds]3. The High Court held that unless a factory is erected and the plants and machinery installed therein, it cannot be said to have been set up. The resolution of the Board of Directors, the orders placed for purchasing machinery, licence obtained from the Government for constructing the machinery, are merely initia... | 1 | 2,887 | 1,581 | ### 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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had already come into force. Consequently the condition laid down in the principal clause of S. 5 (1)... |
Lakhanpal National Ltd Vs. M.R.T.P. Commission And Another | and unfair trade practices. By providing for measures against restrictive and monopolistic trade practices, it was perhaps assumed that the consumers also, as a result, will get a fair deal. However, experience indicated otherwise, and following the recommendations of a Committee, it was considered necessary to amend... | 1[ds]7. However, the question in controversy has to be answered by construing the relevant provisions of the Act. The definition ofin Section 36-A mentioned above is not inclusive or flexible, but specific and limited in its contents. The object is to bring honesty and truth in the relationship between the manufacturer... | 1 | 2,270 | 840 | ### 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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and unfair trade practices. By providing for measures against restrictive and monopolistic trade practices, it was perhaps ... |
Ganpat Ladha Vs. Sashikant Vishnu Shinde | Maharashtra, but it is not wholly irrelevant, since the judgment of the Bombay High Court in appeal before us relies heavily on the decision of the Gujarat High Court in Heirs of deceased Darji Mohanlal Lavji v. Muktabal Shamji (supra) and if that decision is incorrect, the judgment in appeal before us must also likewi... | 1[ds]The High Court took the view that section 5 (11) (c) applies not only to residential premises but also to business premises and therefore, on the death of a tenant of business premises, any member of tenants family residing with him at the time of his death would become a tenant. We do not think this view taken by... | 1 | 4,090 | 2,326 | ### Instruction:
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Maharashtra, but it is not wholly irrelevant, since the judgment of the Bombay High Court in appeal before us relies heavi... |
SUSHIL KUMAR Vs. THE STATE OF HARYANA & ORS | Provided that list B-1 shall not be final until the same is approved by the Inspector General of Police/Deputy Inspector General of Police, who is the controlling officer of the said Superintendent of Police or Commandant. The Inspector General of Police/Deputy Inspector General of Police shall accord his approval only... | 0[ds]8. In view of the clear procedure laid down under the Rule 13.7, the contentions of the Appellant must fail for the following reasons-8.1 In the first place, the assumption that the recommendation of DPC headed by the SP is final and that the IG has no power to review or substitute the decision is misconceived. Th... | 0 | 2,569 | 607 | ### 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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Provided that list B-1 shall not be final until the same is approved by the Inspector General of Police/Deputy In... |
Keshav Laxman Borkar Vs. Dr. Deorao Laxman Anande | been heard ex parte.3. The only point for our determination is whether the Election Tribunal was in error in declaring the present appellant to have been duly elected. The answer to this question depends upon a true construction of S. 101 of the Representation of the People Act, 1951 (hereinafter called the Act), which... | 0[ds]From the provisions quoted above two things are clear : In the first place, the candidates whose nomination papers are, after scrutiny, accepted by the returning officer, are "validly nominated candidates" and the returning officer has to affix the list of such validly nominated candidates to his notice board. The... | 0 | 1,815 | 600 | ### 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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been heard ex parte.3. The only point for our determination is whether the Election Tribunal was in error in declaring the... |
Badru through L.R. and Ors Vs. NTPC Limited and Ors | Civil Court for determination of the compensation offered by the LAO.7. The Reference Court (Civil Court) by award dated 31.03.2009 partly allowed the reference in favour of the appellants and enhanced the compensation from Rs.3,87,383/¬ to Rs.5,00,000/¬ per bigha. In other words, the Reference Court, after appreciatin... | 1[ds]11. In other words, we are not required to examine the question as to whether the High Court was justified in dismissing the respondents? appeals for two reasons: first, these appeals are filed by the landowners against the rejection of their cross objection and second, the respondents did not file any appeal agai... | 1 | 1,383 | 740 | ### 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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Civil Court for determination of the compensation offered by the LAO.7. The Reference Court (Civil Court) by award dated 31.... |
Commercial Taxes Officer, Circle-B, Bharatpur Vs. Bhagat Singh | under this Act were a tax under the said Act. 7. Applicability of the provisions of the Rajasthan Sales Tax Act, 1954 (Act No. 29 of 1954) and the rules made thereunder.—Subject to the provisions of this Act and the rules made thereunder, the authorities empowered to asses, reassess, collect and enforce payment of tax ... | 0[ds]Casual Trader envisages occasional transactions of business involving buying and selling of goods. The plurality of transactions is a condition precedent for treating a trader as a Casual Trader. It is contended that there was only a single transaction in this case. The Respondent could not, therefore, be held a C... | 0 | 2,355 | 555 | ### 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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under this Act were a tax under the said Act. 7. Applicability of the provisions of the Rajasthan Sales Tax Act, 1954 (Act... |
M/S. Crown Consultants Private Limited Vs. Commissioner of Income Tax-4 & Another | disclosure as it evident from the following:-(i) The response of Not applicable in column 24(a) and (b) of Form 3CD was correct disclosure. The column 24(a) and (b) of Form 3CD in the context of taking of loans/deposits or repayment of loan/deposits exceeding the specified limits provided under Section 269 SS and 269T ... | 0[ds]The notice dated 28 September 2012 seeks to reopen assessment beyond the period of 4 years i.e. beyond the period of four years from assessment yearThe case of the revenue argued before us is limited to its ground that the assessee has not reported a loan of Rs.1,19,42,900/received from its directors and their fam... | 0 | 2,334 | 529 | ### Instruction:
Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text.
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disclosure as it evident from the following:-(i) The response of Not applicable in column 24(a) and (b) of Form 3CD was c... |
M/s. Orissa Cement Limited Vs. Habibullah | Gajendragadkar, J.1. This appeal by special leave arises out of an application made by M/s. Orissa Cement Ltd., Rajgangpur, Orissa (hereafter called the appellant) under S. 33 of the Industrial Disputes not to the Industrial Tribunal for permission to dismiss the respondent Habibullah who was its employee. The tribunal... | 0[ds]Both these grounds did not appear to the tribunals below to justify the dismissal of the respondent, and the appellants argument is that the tribunals were in error in not allowing it to dismiss the respondent. We do not think that we would be justified in interfering with the orders passed by the tribunals below ... | 0 | 727 | 216 | ### 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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Gajendragadkar, J.1. This appeal by special leave arises out of an application made by M/s. Orissa Cement Lt... |
Dr. Saroj Kumar Das Vs. Arjun Prasad Jogani | also clear that on the basis of evidence which was recorded earlier the 2 courts of facts came to the conclusion that plaintiff has established his genuine requirement. 9. Before these facts were introduced by amendment it was clearly stated that the appellant wanted to start his practice after taking retirement from h... | 1[ds]So far as the law on the question is concerned it is well settled that the alternative accommodation must be reasonably suitable and if it is not so then more availability of alternative accommodation will not be a ground to refuse a decree for eviction if otherwise the courts are satisfied about the genuine requi... | 1 | 2,789 | 977 | ### 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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also clear that on the basis of evidence which was recorded earlier the 2 courts of facts came to... |
Pawan Kumar Vs. Rochiram | the document. Ext. P.11 sale deed contains the recital that sale consideration was paid by the plaintiff to Narain Prasad the transferor. Why should there be a further burden of proof to substantiate that recitals in the document are true ? The party who wants to prove that the recitals are untrue must bear the burden ... | 1[ds]14. Though the word "dismissed" has been employed in the last paragraph of the judgment a reading of it, as a whole, would show that the plaintiff had won the suit. The court found against the plea of the defendant that plaintiff was not the rightful owner of the building. Dismissal of the suit was not on account ... | 1 | 3,773 | 1,216 | ### 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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the document. Ext. P.11 sale deed contains the recital that sale consideration was paid by the plaintiff to Narain Prasad... |
Tata Engineering & Locomotive Co. Limited Vs. The Assistant Commissioner Of Commercialtaxes & Another | was not completely disassociated from the allocation made to the dealers. Consequently it would (?) not be said that the movement of the vehicles from the works at Jamshedpur was completely unrelated to contract of sale".It was recognised that in some cases vehicles had been delivered to some dealers in advance against... | 1[ds]10. It is somewhat unfortunate that the High Court fell into the same error as the Assistant Commissioner as it accepted his findings on the ground that they were on questions of fact and could not be re-examined by the High Court. It was said that the terms and covenants of the contract made it clear that since t... | 1 | 3,739 | 727 | ### 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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was not completely disassociated from the allocation made to the dealers. Consequently it would (?) not be said th... |
Shri Balwan Singh Vs. Shri Lakshmi Narain & Others | entered into the contract of hiring, and the time and place thereof was apparently raised. But all the evidence relating to the hiring and the time and place thereof, was without objection admitted on the record. It is not even suggested that because of the absence of the particulars, the appellant was embarrassed in m... | 0[ds]But this appeal has been filed with special leave granted under Art. 136 of the Constitution.It is the settled practice of this Court to grant leave to appeal under Art. 136 only if exceptional and special circumstances exist, or that substantial and grave injustice has been done and the case presents features of ... | 0 | 4,064 | 875 | ### 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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entered into the contract of hiring, and the time and place thereof was apparently raised. But all the evidence relating t... |
Purple Medical Solutions Pvt. Ltd Vs. MIV Therapeutics INC & Another | of clause 6.1 (c and d) of the SPA and clause 4.1(c and g) of the LRA. Accordingly, a dispute notice was issued on 4th October, 2013, calling upon the respondents to expeditiously clear their dues as per the judgment and resolve the dispute as well as allot the pending shares. Having received no response to the dispute... | 1[ds]12. A perusal of the relevant clauses of the Agreements providing for Arbitration and the facts set out herein adequately satisfies the Court that disputes and differences between the petitioner and the respondents have arisen which require resolution by a process of Arbitration as contemplated in the Agreements b... | 1 | 2,589 | 197 | ### Instruction:
First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document.
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of clause 6.1 (c and d) of the SPA and clause 4.1(c and g) of the LRA. Accordingly, a dispute notice was issued on 4th Octo... |
Dalchand Vs. Municipal Corporation, Bhopal and Another | 1. One of the questions raised in this petition for special leave to appeal to this Court is whether the failure to supply a copy of the Report of the Public Analyst within the period of 10 days stipulated by Rule 9(i) of the Prevention of Food Adulteration Act, as it was in force at the relevant time - it may be notic... | 0[ds]It is well to remember that quite often many rules, though couched in language which appears to be imperative, are no more than mere instructions to those entrusted with the task of discharging statutory duties for public benefit. The negligence of those to whom public duties are entrusted cannot by statutory inte... | 0 | 686 | 420 | ### 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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1. One of the questions raised in this petition for special leave to appeal to this Court is whether the failure to suppl... |
Sadhu Saran Singh Vs. State of U.P. & Others | and the ocular evidence is concerned, the law is well settled that, unless the oral evidence available is totally irreconcilable with the medical evidence, the oral evidence would have primacy. In the event of contradictions between medical and ocular evidence, the ocular testimony of a witness will have greater eviden... | 1[ds]Having carefully considered the impugned judgment and order passed by the High Court as also that of the Trial Court and after perusing the records and giving anxious consideration to the facts of the case on hand in the light of well-settled law, in our considered opinion the judgment of the High Court deserves t... | 1 | 5,545 | 1,891 | ### Instruction:
Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document.
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and the ocular evidence is concerned, the law is well settled that, unless the oral evidence avai... |
United India Insurance Company Limited Vs. Antonetta D Souza | Vishnus case (1985 Mah LT 22) which was, as already said, approved by the Division Bench in Deepathummas case (1986 Ace CJ 520 ). If this is so, as otherwise is apparent, it is obvious that the learned Judge could not, in any event, have held the Insurance Company liable up to the limit of Rs. 75,000/- in each of the c... | 1[ds]( 7 ) WE do not think that the view advanced by the learned counsel for the owner of the vehicle is correctWe are however unable to accept this view. In Modis case, the Supreme Court has been dealing with the provisions of S. 95 (2) (a) as they stood before the amendment and it was in the context of the said provi... | 1 | 3,222 | 867 | ### 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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Vishnus case (1985 Mah LT 22) which was, as already said, approved by the Division Bench in Deepathummas case (1986 Ace CJ... |
Oriental Insurance Co. Ltd Vs. Surendra Nath Loomba | eventually held as follows: - “19. It is extremely important to note here that till 31st December, 2006 Tariff Advisory Committee and thereafter from 1st January, 2007, IRDA functioned as the statutory regulatory authorities and they are entitled to fix the tariff as well as the terms and conditions of the policies by ... | 1[ds]14. We have quoted in extenso to reiterate the legal position. In the case at hand, the policy has not been brought on record.When Certificate of Insurance is filed but the policy is not brought on record it only conveys that the vehicle is insured. The nature of policy cannot be discerned from the same. Thus, we ... | 1 | 2,731 | 1,116 | ### 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:
eventually held as follows: - “19. It is extremely important to note here that till 31st December, 2006 Tarif... |
Commissioner of Customs Central Excise & Service Tax, Guntur Vs. M/s. The Andhra Sugars Ltd | final products ‘from the place of removal’ to the warehouse or customer’s place etc., was exigible for Cenvat Credit. This stands finally decided in Civil Appeal No. 11710 of 2016 (Commissioner of Central Excise Belgaum v. M/s. Vasavadatta Cements Ltd.) vide judgment dated January 17, 2018. The matter is squarely cover... | 0[ds]7) Having regard to the definition of ‘inputthat was prevailing at the relevant time i.e. prior to April 1, 2008, the aforesaid contention of the Department cannot be accepted. As per the said definition, service used by the manufacturer of clearance of final products ‘from the place ofto the warehouse orplace etc... | 0 | 2,402 | 576 | ### 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:
final products ‘from the place of removal’ to the warehouse or customer’s place etc., was exigible fo... |
Sau Rajani Vs. Sau Smita & Anr | drainage line in the premises. 14. Under Section 9 of CPC, the civil court has the jurisdiction to try all suits of a civil nature, except those in respect of which the jurisdiction is barred either expressly or impliedly by a specific provision of law. In Dhulabhai v. State of Madhya Pradesh AIR 1969 SC 78 , a Constit... | 1[ds]14. Under Section 9 of CPC, the civil court has the jurisdiction to try all suits of a civil nature, except those in respect of which the jurisdiction is barred either expressly or impliedly by a specific provision of law. In Dhulabhai v. State of Madhya Pradesh AIR 1969 SC 78 , a Constitution Bench laid down the ... | 1 | 3,684 | 1,080 | ### 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:
drainage line in the premises. 14. Under Section 9 of CPC, the civil court has the jurisdiction to try all... |
Sardar Bahadur S. Indra Singh Trust Vs. Commissioner Of Income Tax, Bengal | is not in issue before us, now, the same having been held against the Department by the Tribunal. 7. While dealing with the Reference made by the Tribunal, as mentioned earlier, the High Court upheld the validity of the gift made by Ajaib Singh but strangely enough after holding that the gift in question was a valid on... | 1[ds]9. It is somewhat difficult to follow the reasoning adopted by the learned Judges of the High Court. Either the gift made by Ajaib Singh and accepted by the Trustees was a valid gift or it was not a valid gift If it was a valid gift, the shares gifted became the property of the Trust. If it was not a valid gift, t... | 1 | 2,352 | 532 | ### 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:
is not in issue before us, now, the same having been held against the Department by the Tribunal. 7. While d... |
Commissioner Of Sales Tax, U.P Vs. Dr. Sukh Deo | Shah, J.1. The Judge (Revision) Sales Tax, U. P., Lucknow, referred the following question to the High Court of Allahabad for opinion:"Whether the preparation of medicines on prescriptions of the applicant amounted to a manufacture of "medicines and pharmaceutical preparations" within the meaning of notification No. S.... | 0[ds]The respondent is not an importer of medicines and pharmaceutical preparations from outside Uttar Pradesh. That is common ground. The Revenue authorities, however, held that when in his dispensary medicines and pharmaceutical preparations as prescribed by him were mixed, the process of mixing resulted in "manufact... | 0 | 1,095 | 551 | ### 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:
Shah, J.1. The Judge (Revision) Sales Tax, U. P., Lucknow, referred the following question to the High Court... |
Firm Gulam Hussain Haji Yakub & Sons Vs. State of Rajasthan | not inclined to accept the conclusion of the High Court that the impugned order can be said to have been passed as a result of the decision of the Board of Regency, since the Board of Regency alone was clothed with the necessary legislative authority. Unless the Board passed the resolution it could not take effect as a... | 1[ds]7. It appears that in 1940, the Ruler of the Sirohi State brought into existence the Council of State and its functions and duties and its rights were duly notified in the State Gazette. The Council which was designated as the Council of State, Sirohi, was to consist of His Highness as President, the Chief Ministe... | 1 | 4,024 | 1,705 | ### 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:
not inclined to accept the conclusion of the High Court that the impugned order can be said to have b... |
Konark Investments Limited and Others Vs. Union of India | 1. Leave granted. 2. On 11-6-1984 a company application (Company Application No. 99 of 1984) was presented before the High Court at Calcutta under Sections 391 and 393 of the Companies Act, 1956, for convening meetings to approve a Scheme of Arrangement between the appellant and Hari Brothers Pvt. Ltd., as also three s... | 1[ds]8. Learned counsel for the respondent submitted that we should send the matter back to the learned Company Judge for being heard afresh. We are disinclined to do so for the amalgamation has taken effect long back andy rights have been created. The respondent should have pressed the case it made out in the affidavi... | 1 | 852 | 76 | ### 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:
1. Leave granted. 2. On 11-6-1984 a company application (Company Application No. 99 of 1984) was presented be... |
Prabhat Kiran Maithani and Others Vs. Union of India and Another | the Central Pay Commission. Furthermore, learned counsel has invited our attention to the case of Purshottam Lal and Ors. Vs. Union of India and another [1973 (1) S.C.C. 651] whereupon a Writ Petition by Computers, they were shown as having been given identical scales of pay with the Research Assistants Grade II. This ... | 0[ds]All we need say is that this case deals with the position under the Report of 1959 of the Second Pay Commission which has no bearing on the position which follows from the Report of the Third Pay Commission of 1973. Moreover, it is evident that even at that time Research Assistants Grade II and Computer were shown... | 0 | 1,222 | 999 | ### 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 Central Pay Commission. Furthermore, learned counsel has invited our attention to the case of Purshott... |
Justice Ripusudan Dayal (Retd.) & Others Vs. State of M.P. & Others | restraining any inquiry or investigation against the Secretary or the Deputy Secretary of the Legislative Assembly or for that matter against the member of the Legislative Assembly or a minister in the executive government nor does the Parliament or the Legislative Assembly of the State or its members. The laws apply e... | 1[ds]The officers working under the office of the Speaker are also public servants within the meaning of Section 2(g) of the Lokayukt Act and within the meaning of Section 2 (c) of the Prevention of Corruption Act, 1988 and, therefore, the Lokayukt and his officers are entitled and duty bound to make inquiry and invest... | 1 | 12,826 | 1,411 | ### 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:
restraining any inquiry or investigation against the Secretary or the Deputy Secretary of the Legisla... |
Bank of Baroda Limited Vs. Jewan Lal Mehrotra | Grover, J. 1. This is an appeal by special leave from a judgment of the Allahabad High Court. The facts may be stated. The respondent was appointed as a cash clerk in the appellants branch at Birhana Road, Kanpur, on April 1, 1949. In July 1955 he was working in the cash department as a Receipter and Receiving Clerk. O... | 1[ds]The main point that has been urged on behalf of the appellant is that the present case was one of termination of service after given the three months notice and the ordinary law of master and servant applied.Although in case of illegal termination or dismissal the respondent could have claimed damage but he could ... | 1 | 778 | 250 | ### 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:
Grover, J. 1. This is an appeal by special leave from a judgment of the Allahabad High Court. The facts may b... |
P.K. Badiani Vs. The Commissioner Of Income Tax, Bombay | qualified by the expression "whether capitalised or not". But the latter phrase is conspicuously absent in clause (e). What is the purpose of this difference in the phraseology of the various clauses of sub-section (6A) ? The reason is not far to seek and yet not helpful to the assessee in this case.The profits of a Co... | 0[ds]We do not find any warrant for accepting the contention of Mr. Rajgopal that the initial depreciation or the development rebate was allowed as an extra deductible allowance of business expenses in the year of installation of new machinery for meeting the ever increasing costs of its replacement in future years. In... | 0 | 5,008 | 932 | ### 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:
qualified by the expression "whether capitalised or not". But the latter phrase is conspicuously absent in... |
Ved Prakash Agarwal Vs. Rama Petrochemicals Limited | Conciliation Act, 1996, One of the submissions was that a reference was pending before the BIFR and that the agreement in question in realitv was not a lease agreement, but a finance agreement. The Court looked into the documents and observed in para 9 that section 22 of SICA has no application to a lease agreement, an... | 0[ds]( 24 ) IN the present case, as stated above, we are concerned with the relationship created by the respondent with the industrial company. The respondent is undoubtedly saying that it is a lease document. The industrial company has no where stated in the documents or in correspondence that it is not a lease agreem... | 0 | 7,861 | 563 | ### 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:
Conciliation Act, 1996, One of the submissions was that a reference was pending before the BIFR and that the agreement in ... |
VARUN PAHWA Vs. RENU CHAUDHARY | of mistake of the counsel, may be on account of lack of understanding as to how a Private Limited Company is to sue in a suit for recovery of the amount advanced. 9. The memo of parties is thus clearly inadvertent mistake on the part of the counsel who drafted the plaint. Such inadvertent mistake cannot be refused to b... | 1[ds]8. The plaint is not properly drafted in as much as in the memo of parties, the Plaintiff is described as Varun Pahwa through Director of Siddharth Garments Pvt. Ltd. though it should have been Siddharth Garments Pvt. Ltd. through its Director Varun Pahwa. Thus, it is a case of mistake of the counsel, may be on ac... | 1 | 1,749 | 579 | ### 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:
of mistake of the counsel, may be on account of lack of understanding as to how a Private Limited Company is... |
Rampalit Vyakaran Acharya and Others Vs. Punjab University and Another | Goswami, J.1. This is a case where certain Sanskrit teachers educated in the traditional way and obtaining degree of Acharya are smarting under a grievance that they have the worse even in their own field of operation by the yardstick of the prevalent standard in the modern universities.2. The four appellants are Achar... | 1[ds]6. That Acharya is equivalent to M.A., is clear from the letter No. F.dated January 23, 1964 from the Government of India, Ministry of Education to Education Secretaries of all the State Governments/Union Territory Governments/Administrations and Registrars of all Universities on the subject of equivalence of Sans... | 1 | 1,004 | 408 | ### 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:
Goswami, J.1. This is a case where certain Sanskrit teachers educated in the traditional way and obtaining... |
Jaisri Sahu Vs. Rajdewan Dubey And Others | sale in favour of the appellant is a proper one binding on the reversioners. We are of opinion that this finding is not open to attack in Second Appeal. 9. Then there is the question of the practice to be followed when there is a conflict among decisions of Benches of the same High Court.When a Bench of the High Court ... | 1[ds]As already stated, Rai, J. appears to have been impressed by this contention. But when the contention is further examined it will be found to be wholly without substance. What the District Munsif said was that after the death of Pirthi Dubey the relatives of Laung Kuer had fallen on her property like vultures, and... | 1 | 4,166 | 613 | ### 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:
sale in favour of the appellant is a proper one binding on the reversioners. We are of opinion that t... |
Y.L. Agarwalla Vs. Commissioner of Income Tax Central Calcutta | and the said Yudhisthir Lal Agarwalla since deceased." What is more, there is no provision for payment of interest on the respective amount of capital lying to the credit of three surviving partners and the deceased Yudhisthir Lal. In our view Cl. 6 is a tell tale clause which carries its own tale that this new partner... | 0[ds]8. Dealing with the factual aspect of the question we shall first indicate the broad and undisputed facts that emerge clearly on the record. Admittedly, deceased Yudhisthir Lal represented the Hindu undivided family as its Karta in the firm of M/s. Grand Smithy Works right up to the time of his death and his share... | 0 | 3,858 | 1,554 | ### 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:
and the said Yudhisthir Lal Agarwalla since deceased." What is more, there is no provision for payment of interest on the r... |
Vellore Electric Corporation Ltd. and Ors Vs. Commissioner of Income Tax | industry. 18. In English Electric Co. of India Ltd. vs. CIT (supra), the assessee had received interest from supplies of raw materials, the State Electricity Board, banks as well as on security deposits with other agencies. The Madras High Court, while following its earlier decision in Universal Radiators (P) Ltd. (sup... | 0[ds]4. As indicated earlier, the assessee is a licensee under the Electricity Supply Act for the purpose of distribution of power. Under s. 57 of the Electricity Supply Act the provisions of the Sixth Sch. are deemed to be incorporated in the licence of a licensee, not being a local authority and the licensee is requi... | 0 | 7,590 | 2,764 | ### 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:
industry. 18. In English Electric Co. of India Ltd. vs. CIT (supra), the assessee had received interest... |
Rajesh @ Raju Chandulal Gandhi & Another Vs. State of Gujarat | FIR is to obtain information regarding the circumstances in which the crime was committed including the names of actual culprits and the part played by them, the weapon of offence used as also the names of the witnesses. One of the external checks which the courts generally look for is the sending of the copy of the FI... | 0[ds]The investigating officer has stated in the court that on 25.2.1993 total 31 items were sent for examination. In Exh. 64 there is a note at Item No. 9 of having sent broken pieces of glass at No.11 having found chance print had Item No. 12 of having found another chance print. The pieces of glass sent show that th... | 0 | 5,482 | 681 | ### Instruction:
Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences.
### Input:
FIR is to obtain information regarding the circumstances in which the crime was committed including the names of actual cu... |
M/S. Hanil Era Textiles Ltd Vs. Oriental Insurance Co. Ltd. | of the respondent Insurance Company to show that the appellant had not taken effective steps to segregate the Blow-room cannot succeed.12. The respondent Insurance Company claimed the additional premium of Rs. 1,13,13,344/- on the basis of the recommendations of the Tariff Advisory Committee, and it seems that the Comp... | 1[ds]7. It was urged by the respondents counsel that based on the recommendations of the Tariff Advisory Committee, the appellant was asked to pay the additional premium of Rs. 1,13,13,344/- as according to the respondent Insurance Company, the appellant should have observed the TAC approved type of Automatic Diversion... | 1 | 3,520 | 1,021 | ### 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:
of the respondent Insurance Company to show that the appellant had not taken effective steps to segregate the Blo... |
Workmen Of Kottlewell Bullen & Co.Ltd Vs. Kettlewell Bullen & Co.Ltd | in the various settlements, it may be stated that the Bonus Act is confined, in its application, to profit bonus, and other kinds of bonus recognised in industrial law are not covered by the provisions of the Act. In Mumbai Kamgar Sabha, Bombay (supra) it has been held : The conclusion seems to be fairly clear, unless ... | 1[ds]21. As regards the first reason given by the High Court that the bonus was not being paid at a uniform rate throughout, it may be stated that though during the years 1959 to 1963 it was paid at the rate of three and a quarter months basic pay (which amount, as pointed out by the learned Judges of the High Court, v... | 1 | 4,967 | 1,130 | ### 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:
in the various settlements, it may be stated that the Bonus Act is confined, in its application, to pro... |
Union Public Service Commission Vs. Gourhari Kamila | body. This Court has explained the role of an examining body in regard to the process of holding examination in the context of examining whether it amounts to "service" to a consumer, in Bihar School Examination Board v. Suresh Prasad Sinha, (2009) 8 SCC 483 in the following manner: "11. ... The process of holding exam... | 1[ds]15. Before concluding, we may observe that in the appeal arising out of SLP (C) No.16871/2012, respondent Naresh Kumar was a candidate for the post of Senior Scientific Officer (Biology) in Forensic Science Laboratory. He asked information about other three candidates who had competed with him and the nature of in... | 1 | 3,138 | 286 | ### 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:
body. This Court has explained the role of an examining body in regard to the process of holding examinati... |
Syed Shah Ghulam Ghouse Mohiuddin And Ors Vs. Syed Shah Ahmed Moriuddin Kamisul Quadri(Dead) By L. Rs. A | of the properties. Even after 1927 it cannot be said on the evidence on record that the appellant had any knowledge of the true character of the properties or of ouster or adverse possession of Abdul Hai. The reasons are that Abdul Hai never alleged against the appellant and the other parties openly that he was enjoyin... | 1[ds]The application was for permission to file the suit. There is no order for appointment of a guardian. Further, the Court in appointing the guardian of property of a minor is guided by circumstances for the welfare of the minor. There is no justification to hold that Nooruddin was either the legal guardian or a gua... | 1 | 5,492 | 2,339 | ### 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 the properties. Even after 1927 it cannot be said on the evidence on record that the appellant... |
International Auto Ltd Vs. CCE, Bihar | In C.A. No. 176/2000:1. The appellant is a job worker manufacturing floor plates assemblies for TELCO. These floor plate assemblies are used by TELCO in the manufacture of excavators. TELCO made available several inputs to the appellant for the purpose of manufacture of the assemblies on which credit had been taken by ... | 1[ds]7. In this appeal as we have already noted, the final product was the excavator. According to the Modvat scheme, it the Modvat of such final product which would have to include the cost of the inputs and in respect of which Modvat credit could be taken at the time of clearance of the final product. The Tribunal ha... | 1 | 888 | 486 | ### 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:
In C.A. No. 176/2000:1. The appellant is a job worker manufacturing floor plates assemblies for TELCO. Thes... |
Niranjan Singh Vs. State Of Madhya-Pradesh | representation of the detenu by the appropriate authority is entirely independent of any action by the Advisory Board including the consideration of the representation of the detenu by the Advisory Board. Thirdly, there should not be any delay in the matter of consideration. Though no hard and fast rule can be laid dow... | 1[ds]4. The next question is, whether it is incumbent upon the State in a habeas corpus petition where a rule nisi has been issued to satisfy the Court that the detention of the petitioner was legal and in conformity not only with the mandatory provisions of the Act, but is also in accord with the requirements implicit... | 1 | 2,407 | 798 | ### 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:
representation of the detenu by the appropriate authority is entirely independent of any action by the Advisory Board inc... |
Jameskutty Jacob Vs. S United India Insurance Co. & Others | B.P. SINGH, J. We have heard the learned counsel for the parties. 2. This appeal was earlier allowed by a judgment and order of this Court dated August 5, 2003, reported in Jameskutty Jacob vs. United India Insurance Co. Ltd. and others, (2003) 7 SCC 131. The appeal was allowed on a finding that the vehicle in question... | 0[ds]7. It would thus appear that the vehicle in question was a "motor cab" used as a contract carriage. The vehicle came within the definition of "motor cab" since its carrying capacity was less than six passengers excluding the driver of the vehicle8. On the material shown to us, we are satisfied that the insured veh... | 0 | 609 | 136 | ### 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:
B.P. SINGH, J. We have heard the learned counsel for the parties. 2. This appeal was earlier allowed by a judgment and or... |
Smith Kline & French [India] Ltd.Etc Vs. Commissioner Of Income Tax | of the Bengal (Rural) Primary Education Act, 1930, on immovable property on which the road and public works cesses were assessed. The rate at which the education cess was to be levied depended upon the character of the property; in respect of mines and quarries, it was leviable at the rate of three and a half pice on e... | 0[ds]It is thus clear beyond any doubt that the surtax is levied on the profits of a company, i.e., on the profits above the prescribed limit. The mere fact that the tax is levied upon "chargeable profits" (which means the total income of the assessee computed under the Income Tax Act, 1961 adjusted in accordance with ... | 0 | 2,697 | 906 | ### 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 the Bengal (Rural) Primary Education Act, 1930, on immovable property on which the road and public works... |
Thimma Alias Thimma Raju Vs. State Of Mysore | complicity in this murder and, therefore, he should be treated no better than an accomplice. In our opinion, this criticism is not justified. An unambiguous confession, if admissible in evidence, and free from suspicion suggesting its falsity, is a valuable piece of evidence which possesses a high probative force becau... | 0[ds]In so far as the question of identity is concerned, there can hardly be any doubt that the skeleton was that of the deceased. The Khakhi shirt, Ex. M.O, 1 and the half pant Ex. M. O. 2 have been identified by P. W, 1 as the uniform given to the deceased. The visit book (Ex. M.O. 5) is also proved by P. W, 1 to hav... | 0 | 5,218 | 2,021 | ### 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:
complicity in this murder and, therefore, he should be treated no better than an accomplice. In our opinion,... |
Oil & Natural Gas Corporation Vs. Axis Bank Limited & Others | pass the order on merits.17. We find that, in so far as Appeal No. 497 of 2018 is concerned which challenges the order dated 26th April, 2018, it deserves to be dismissed on the short ground of the conduct of the Appellant ONGC. The said Company is a State owned company and therefore, a State within the meaning of Arti... | 0[ds]17. We find that, in so far as Appeal No. 497 of 2018 is concerned which challenges the order dated 26th April, 2018, it deserves to be dismissed on the short ground of the conduct of the Appellant ONGC. The said Company is a State owned company and therefore, a State within the meaning of Article 12 of the Consti... | 0 | 3,850 | 726 | ### 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:
pass the order on merits.17. We find that, in so far as Appeal No. 497 of 2018 is concerned which... |
SUSHIL THOMAS ABRAHAM Vs. M/S SKYLINE BUILD. THRU. ITS PARTNER | has to be taken into consideration for deciding the question as to whether he is an indigent person or not. 23. Order 33 Rule 7(3) empowers the court to either allow or refuse to allow the applicant to sue as an indigent person. Rule 9 empowers the court to withdraw the permission granted under Rule 7(3) at the stance ... | 1[ds]19. On perusal of Order 33 of the Code, we find that the plaintiff is entitled to file a suit as an ?indigent person? under Order 33 of the Code provided he is able to prove that he is not possessed of sufficient means to pay the requisite court fees prescribed by law for the plaint in the suit filed by him.While ... | 1 | 2,357 | 1,095 | ### 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:
has to be taken into consideration for deciding the question as to whether he is an indigent person or not. 23. Order 33 R... |
Arun Vs. Varsha | the relief to which the petitioner is otherwise entitled to. The word wrong envisaged under Section 23 (1) (a) of the Act has to be a wrong of a kind different from a mere conduct of refusing to resume conjugal relationship after passing the decree of restitution of conjugal rights. In our considered opinion, the learn... | 1[ds]5. After hearing the parties at length, the following points arise for our consideration and we have recorded our findings thereon for the reasons mentionedhe petitionerhusband isentitled for dissolution of marriage by decree of divorce as provided under section 13(ii) of Hindu Marriage Act 1955In the affirmativei... | 1 | 4,399 | 1,154 | ### 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 relief to which the petitioner is otherwise entitled to. The word wrong envisaged under Section 23 (1)... |
M.L. Manchanda & Ors Vs. Union Territory Of Chandigarh & Ors | seriatim with all the three contentions raised by Mr. Ramamurthy. Before embarking on that task, we consider it appropriate to scan the scheme of the Act. Section 3 of the Act clearly states that the Act shall be applicable to houses constructed by the State Government for the occupation of industrial workers under the... | 0[ds]A conspectus of the aforesaid provisions of the Act leaves no room for doubt that the allotment of accommodation to an industrial worker is not unconditional but is subject to conditions which can be changed unilaterally by the Government from time to time by altering the rules in exercise of the powers conferred ... | 0 | 2,527 | 701 | ### 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:
seriatim with all the three contentions raised by Mr. Ramamurthy. Before embarking on that task, ... |
K Karunakaran Vs. State Of Kerala | petitions filed against the appellant by the High Court and this Court, the matter pertaining to the purchase of Palmolein deal had not been shelved and was very much alive so far as the State Assembly is concerned. The appellant, when he was the Chief Minister, had declared in the Assembly for probe into the allegatio... | 0[ds]8. After going through the pleadings of the parties and keeping in view the rival submissions made before us, we are of the opinion that the registration of the FIR against the appellant and others cannot be held to be the result of mala fides or actuated by extraneous considerations. The menace of corruption cann... | 0 | 2,720 | 415 | ### 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:
petitions filed against the appellant by the High Court and this Court, the matter pertaining to the purchase of ... |
State Of Punjab And Another Vs. Hari Krishan Sharma | has to act under the control of the Government; but it is the licensing authority which has to act and not the Government itself. The result of the instructions issued by appellant No. 1 is to change the statutory provision of S. 5(2) and obliterate the licensing authority from the Statute-book altogether. That, in our... | 0[ds]It is true that S. 5(2) provides that the licensing authority may grant licences subject to the provisions of S. 5(1) and subject to the control of the Government, and it may be conceded that the control of the Government subject to which the licensing authority has to function while exercising its power under S. ... | 0 | 3,933 | 714 | ### 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:
has to act under the control of the Government; but it is the licensing authority which has to act and not... |
Venkata Reddi And Others Vs. Pothi Reddi | in these terms :"Upon hearing the solicitors for the petitioner I do order that the order herein dated July 11 1928 be varied and that (the debtor) the co-respondent do within seven days from the service of this order pay to Messrs. H. L. Lumley and Co., of 36 Piccadilly W. 1., the solicitors of the petitioner, the sum... | 1[ds]6. The new provision makes it clear that the law is and has always been that upon the fathers insolvency his disposing power over the interest of his undivided sons in the joint family property vests in the Official Receiver and that consequently the latter has a right to sell that interest. The provision is thus ... | 1 | 3,278 | 1,089 | ### 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:
in these terms :"Upon hearing the solicitors for the petitioner I do order that the order herein dated July 11 1928 be va... |
Commissioner of Central Excise Vs. BHEL | 1. We have heard the learned Counsels for the parties and perused the relevant material. The issue arising in this appeal is whether the essential components/parts of a boiler cleared by the Assessee would attract duty under sub-heading 8402.10 of the first Schedule of Central Excise Tariff Act, 1985 (For short, the Ta... | 0[ds]It is a fact that the high capacity boilers cannot be transported in one lot to the site, therefore they have to be sent as individual item and sub-assemblies. Therefore, the parts which are essentially needed to construct a complete boiler may be considered under the term boiler. But the parts which are provided ... | 0 | 1,105 | 392 | ### Instruction:
Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document.
### Input:
1. We have heard the learned Counsels for the parties and perused the relevant material. The issu... |
STATE OF GOA Vs. NARAYAN V. GAONKAR & ORS | is a mere administrative exercise aimed at collecting tax revenues from the land. As such no legal evidentiary value can be attributed also to the said registration for the purpose of establishing ownership title or presuming possession on the land. 25. More so, the plaintiffs ought to have agitated for their claim wit... | 1[ds]17. We have noticed above that as per Rule 5 in Form II notice was issued inviting all persons who have any interest in the lands in the village to furnish to him either in writing or orally information and objection. In the present case after draft of the Index of Lands prepared under Rule 6 objection was filed b... | 1 | 6,447 | 1,228 | ### 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 a mere administrative exercise aimed at collecting tax revenues from the land. As such no legal evidentiary va... |
Raja Bajarang Bahadur Singh Vs. Jai Narain | or revisional power over that Court was not binding upon the Court of the other description. Such a situation led to great injustice. The litigant was bandied about from Court to Court and he could not get any relief anywhere. The Oudh Chief Court mitigated the evil by applying the doctrine that a party litigant could ... | 1[ds]5. It is common case that suits Nos. 87 of 1948 and 2/12 of 1948 were of the nature specified in Group B of the fourth schedule to the U.P. Tenancy Act. In view of Section 265 (2) read with Section 271 (2) appeals from orders in proceedings under Section 144 of the Code of Civil Procedure arising out of the two su... | 1 | 3,303 | 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:
or revisional power over that Court was not binding upon the Court of the other description. Such a sit... |
Wakkar Vs. State Of U.P | Akhlaq, Wakkar and Imtiaz. It is on record that blood stained knives and daggers allegedly used in the crime and the blood stained scooter, trouser and watch belonging to the deceased were recovered and these articles have contained human blood stains on them. These articles are said to have been recovered on the discl... | 0[ds]The High Court, in our considered opinion, on reappreciation of the evidence available on record, believed the evidence of PWs 1 and 3 in this regard and rightly taken circumstances into consideration leading to an irresistible conclusion that these three accused namely Wakkar, Akhlaq and Imtiaz were involved in t... | 0 | 5,239 | 1,450 | ### 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:
Akhlaq, Wakkar and Imtiaz. It is on record that blood stained knives and daggers allegedly used in the crime and the bloo... |
M/S ZHEJIANG BONLY ELEVATOR GUIDE RAIL MANUFACTURE CO. LTD Vs. M/S JADE ELEVATOR COMPONENTS | circumstances of the case.2. The petitioner, company incorporated under the laws of People?s Republic of China having its office at Sanquiao Village, Fuchun Street, Fuyang, China, is engaged in the business of, inter alia, exporting and supplying high quality elevator guiderails, fish-plates, accessories and allied goo... | 1[ds]8. This Court had the occasion to deal with such a clause in the agreement in INDTEL Technical Services Private Limited vs. W.S. Atkins Rail LimitedSubject to Clause 13.3 all disputes or differences arising out of, or in connection with, this agreement which cannot be settled amicably by the parties shall be refer... | 1 | 1,221 | 320 | ### 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:
circumstances of the case.2. The petitioner, company incorporated under the laws of People?s Republic of China having its ... |
M/S. Shinde Brothers & Others Vs. Deputy Commissioner, Raichur & Others | , as do other provincial Acts, for lump sum payments in certain cases by manufacturers and retailers, which may be described as payments either for the privilege of selling alcohol, or as consideration for the temporary grant of a monopoly; but these are clearly not excise duties or anything like them. Provision was al... | 1[ds]t appears to us that by Ss. 12 and 15 of the Act manufacture and sale of toddy is prohibited, but S. 16 enables the Government to grant an exclusive or other privilege, inter alia, of manufacturing or selling by retail. It is the latter privilege which was auctioned under the two notifications mentioned above. Sec... | 1 | 8,159 | 2,023 | ### 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:
, as do other provincial Acts, for lump sum payments in certain cases by manufacturers and retailers,... |
Indian Rare Earths Ltd. & Another Vs. Pramod Chandra Panigraphi & Others | 1. This appeal is against the judgment of the Orissa High Court dated 18th November, 1998. Briefly stated the facts are as follows: Respondent Nos. 1 and 2 were working in the petitioner company. In 1993 they received promotions and the pay-scale now given to them was Rs. 625-45-850-50-1600. They filed a writ petition ... | 1[ds]4. Whilst the petition was pending, a settlement was arrived at on 12th January, 1994 wherein the scale of Rs. 1,460/(which is the revised scaleis categorically recognized. The respondents have in para 2 of their rejoinder, filed in the High Court, admitted that such a scale is shown in the settlement dated 12th J... | 1 | 681 | 348 | ### Instruction:
Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document.
### Input:
1. This appeal is against the judgment of the Orissa High Court dated 18th November, 1998. Briefl... |
Maharana Shri Jayavantsinhji Ranmalsinhji & Others Vs. State of Gujarat & Others | must be held that it does not impose a reasonable restriction. We have found it very difficult to understand why and how it is reasonable that the tenure-holder must make an application within six months from the commencement of the impugned Act, 1958, for a declaration that his tenants are not permanent tenants. The p... | 1[ds]In view of the argument advanced before us on behalf of the respondents that the impugned Act, 1958 merely changes a rule of evidence, it is worthly of note that the long title itself states that the Act is an Act further to define permanent tenants. Section 2 of the Act is the interpretation section and the expre... | 1 | 9,504 | 3,926 | ### 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:
must be held that it does not impose a reasonable restriction. We have found it very difficult to understand why and how i... |
Force Motors Limited (Formerly Known As Bajaj Tempo) Limited & Another Vs. Poona Employees Union, Through Its President Mr.Madhav Roham & Others | not signed by any of the office bearers and moreover, said registers were not in prescribed proforma i.e. in Form J as prescribed under the Act. Such documentary evidence of cash book and membership registers without bearing the signature of any of the office bearers of the Union and without maintaining those in prescr... | 1[ds]These provisions enable the Industrial Court to replace a recognized union by another union and if a union is recognized under Section 11, another union at its place can be recognized under Section 14 of the MRTUPULP Act. The only requirement of the Section is that the new union should have larger membership of th... | 1 | 6,799 | 3,039 | ### 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:
not signed by any of the office bearers and moreover, said registers were not in prescribed proforma i.e. in Form ... |
STATE OF BIHAR & ORS Vs. SHYAMA NANDAN MISHRA | promotional avenues for the respondents to the controlling/supervisory posts in the administrative wing of the education department. The respondents, in course of their service as +2 Lecturers, would reasonably expect to occupy the higher position in the department, depending upon their inter-se seniority in the common... | 0[ds]20. It is evident from the Notification dated 13.11.1985 that the posts of + 2 lecturers (in the government schools) were created in the cadre of BSES, in the pay scale of Rs. 940-1660/-. The cadre for the +2 lecturers posted in the nationalized schools was not specified therein, though the posts were created in t... | 0 | 5,803 | 2,749 | ### 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:
promotional avenues for the respondents to the controlling/supervisory posts in the administrativ... |
Eastern Coalfields Ltd Vs. Dugai Kumar | yet put the other party in a situation, in which it would not be reasonable to place him if the remedy were afterwards to be asserted, in either of these cases, lapse of time and delay are most material. But in every case, if an argument against relief, which otherwise would be just, is founded upon mere delay, that de... | 1[ds]13. Having heard the learned counsel for the parties, in our opinion, the appeal deserves to be partly allowed. So far as the technical objection raised by the Company with regard to territorial jurisdiction of the High Court of Calcutta is concerned, in our opinion, it would not be appropriate to set aside the or... | 1 | 4,356 | 995 | ### 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:
yet put the other party in a situation, in which it would not be reasonable to place him if the remed... |
M/S. I.T.I. Ltd Vs. M/S. Siemens Public Communi.Network Ltd | is now settled by the judgment of a three-Judge Bench of this Court in the case of Bhatia International v. Bulk Trading S.A. and another in C.A.No. 6527/2001 decided on 13-3-2002 wherein while dealing with a similar argument arising out of the present Act, this Court held : While examining a particular provision of a s... | 0[ds]It is true in the present Act application of the Code is not specifically provided for but what is to be noted is : Is there an express prohibition against the application of the Code to a proceeding arising out of the Act before a Civil Court? We find no such specific exclusion of the Code in the present Act. Whe... | 0 | 2,859 | 531 | ### 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:
is now settled by the judgment of a three-Judge Bench of this Court in the case of Bhatia International v. Bulk Trading S... |
Kaviraj Basudevanand Vs. Mahant Harihar Gir (Dead) & Ors | definition of the expression khas possession in the Bihar Land Reforms Act, if anything is stronger from the point of view of the person who is actually cultivating the lands than that of a person who is working directly (the mines) under Section 9 of the Act. Therefore, the appellant would be entitled to his share in ... | 1[ds]The submission is undoubtedlyAny decree which the plaintiff might get in respect of bakhast and zirat lands in this suit will not enable him to avoid the provisions of any law regarding ceiling on land in force in the State of Bihar.5. As regards the mines, however, there are certain difficulties. The Patna High C... | 1 | 2,903 | 1,577 | ### 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:
definition of the expression khas possession in the Bihar Land Reforms Act, if anything is stronger from t... |
Mukul Sharma Vs. Orion India (P.) Ltd. Through Its Managing Director | we furnish below the built-up areas calculated for drg. Nos.GBA/891/03A, GBA/891/04A and GBA/891/05A using our accepted definition of built-up area. Please note that all common area such as lift well, corridor, lobby, duct, etc., have been excluded as suggested by you. (All emphasis supplied) 7. It is unfortunate that ... | 1[ds]Thereafter and therefor, under the true spirit of section 5 of the Contract Act, defendant cannot resile from the mutually agreed position10. In Abdulla Ahmed vs. Animendra Kissen Mitter – AIR 1950 SC 15 , this Court has dealt with a similar situation and it has been held thatExtrinsic evidence to determine the ef... | 1 | 1,585 | 238 | ### 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:
we furnish below the built-up areas calculated for drg. Nos.GBA/891/03A, GBA/891/04A and GBA/891/05A using our accepted d... |
Vidyadhar Krishnarao Mungi & Others Vs. Usman Gani Saheb Konkani & Others | suggested motive. It may be recalled that Sadashiv settled his claim for maintenance on March 26, 1925. Laxman had agreed to give him a part of land which stood in his own name in lieu of maintenance, while Sadashiv relinquished his claim to the other properties specified in his plaint. Laxman died in 1940. Although af... | 0[ds]It is also important to observe that Dattatraya, who appeared as a witness for the plaintiffs, did not speak about this motive. On the contrary, he admitted in histhat he had made "no inquiry about the purchase of suit land from mother." He further admitted that he "never questioned father why he purchased the sui... | 0 | 5,323 | 1,120 | ### 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:
suggested motive. It may be recalled that Sadashiv settled his claim for maintenance on March 26, 1925. Laxman had agreed to... |
State Of Rajasthan Vs. Man Industrial Corporation Ltd | case is of the second variety.11. Counsel relied upon Patnaik and Co. v. State of Orissa, 1965-16 STC 364 = (AIR 1965 SC 1655 ) and Mckenzies Ltd. v. State of Maharashtra, 1965-16 STC 518 (SC). But in both these cases the Court held on a consideration of the terms of the contract and the circumstances that the assessee... | 0[ds]8. The contract undertaken by the respondent was to prepare the windowleaves according to the specifications and to fix them to the building. There were not twoof sale and another of service. "Fixing" the windows to the building was also not incidental or subsidiary to the sale, but was an essential term of the co... | 0 | 3,166 | 1,487 | ### 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:
case is of the second variety.11. Counsel relied upon Patnaik and Co. v. State of Orissa, 1965-16 STC 364 = ... |
Abhilash Vinodkumar Jain Vs. Cox & Kings (India) Ltd. | for the wrongful obtaining of the possession of the property of the company or wrongfully withholding it or knowingly applying it to a purpose other than that authorised by the company, the employee or the officer concerned is punishable with fine which may extend to one thousand rupees. The fine under this sub-section... | 0[ds]11. Thus, it would be seen that this Court has consistently taken the view and repeatedly emphasised that the provisions of Section 630, of the Act have to be given purposive and wider interpretation and not restrictive interpretation. In the four cases referred to above, however, this Court was not required to di... | 0 | 4,400 | 1,662 | ### 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:
for the wrongful obtaining of the possession of the property of the company or wrongfully withholding it or knowingly applyi... |
Badri Pershad Vs. Smt. Kanso Devi | S. 14 (1) of the Act even though previously she was a limited a owner.4. Under section 3 (1) of Act XVIII of 1937 as amended by Act XI of 1938 when a Hindu governed by any School of Hindu law other than the Dayabhaga School died intestate leaving separate property his widow was entitled to the same share as a son in re... | 0[ds]5. The case in the Courts below proceeded on the footing that all the properties left by Gajju Mal were his separate acquisition. It was apparently for that reason that the High Court gave a finding that before the partition effected by the arbitrator by means of the award, the five sons and the widow (respondent)... | 0 | 1,991 | 483 | ### 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:
S. 14 (1) of the Act even though previously she was a limited a owner.4. Under section 3 (1) of Act XVIII of 1937 as amende... |
Krishan Vs. State Of Haryana | the benefit of the provisions of Juvenile Justice (Care and Protection of Children) Act, 2000. The High Court, therefore, referred the matter to the Juvenile Justice Board to find out whether on the day of incident, the appellant was or not. The High Court clarified that in case the Juvenile Justice Board came to the c... | 0[ds]All these injuries indubitably support the version of the prosecutrix—victim who stated that in the scuffle, she had bitten the accused. In addition to this, the Doctor—PW 2 also stated that he found nothing which suggests that the accused could not perform sexual intercourse. The further contention of the counsel... | 0 | 1,891 | 345 | ### Instruction:
Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences.
### Input:
the benefit of the provisions of Juvenile Justice (Care and Protection of Children) Act, 2000. The High Court, therefore, ... |
Nathmal Vs. The State of Rajasthan & Others | and order of detention were passed against the petitioners male fide.7. We think that the order of detention made against the petitioners are not fit to be sustained in the eye of law. The Rajasthan (Display of Prices of Essential Commodities) Order was promulgated in the year 1966. According to the order as originally... | 1[ds]8. As regards recovery of many drugs from the petitioners premises as mentioned in ground No. 2 it was presumed that they were kept for the purpose of sale without a licence in violation of the Drugs and Cosmetics Act, 1940. In neither of the ground, however, it was alleged that the petitioners had refused to sell... | 1 | 2,510 | 695 | ### 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:
and order of detention were passed against the petitioners male fide.7. We think that the order of detentio... |
Mohan Singh Malhi Vs. State Of Punjab | retire an employee on or after he attains the age of 55 years by giving him three months salary and allowances in lieu of three months notice.2. The facts giving rise to the appeal lie in a short compass and may be stated thus;Before the partition of the country, the appellant joined the Veterinary Department of the Pu... | 0[ds]It will be noticed that the Rule as reproduced above merely provides for a contingency in which a retiring pension is to be granted to a Government servant. Assuming that the rule by implication requires three months notice to be given to a Government servant of the description referred to therein before retiring ... | 0 | 1,183 | 334 | ### 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:
retire an employee on or after he attains the age of 55 years by giving him three months salary and allowanc... |
Indian Explosives Ltd. & Another Vs. Coal India Ltd. & Others | therein by the respondent - Coal India Ltd. It was urged that the said supplementary clause clearly nullifies the clear understanding and terms of the original contract contained in Clause XV. Clase XV of the Original Contract and the supplementary clause inserted are in the following terms: CLAUSE XV - PERFORMANCE 1(A... | 1[ds]6. This Court has consistently taken the view that a private contract entered by the State, so long as it disclose a public law element would have to meet the test of Article 14 of the Constitution of India so far as its terms and conditions and application thereof are concerned. In view of the Corporate structure... | 1 | 1,273 | 444 | ### 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:
therein by the respondent - Coal India Ltd. It was urged that the said supplementary clause clearly nullifies the clear und... |
State Of Madras Vs. Davar And Company Etc | of India.Clause (2) of Article 286 gives power to the Parliament, by law, to formulate principles for determining when a sale or purchase of goods takes place in any of the ways mentioned in Clause (1). According Parliament has enacted the Central Act. Section 5 of that Act lays down the conditions under which a sale o... | 1[ds]10. We are of the view that the judgment of the Madras High Court cannot be sustained and the expression customs frontiers in Section 5 of the Central Act cannot be construed to mean customswe are concerned with a sale in the course of import, the relevant provision is sub-section (2) of Sectionexpression customs ... | 1 | 2,684 | 711 | ### Instruction:
Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation.
### Input:
of India.Clause (2) of Article 286 gives power to the Parliament, by law, to formulate principles for determ... |
Veruareddi Ramaraghava Reddy And Ors Vs. Konduru Seshu Reddy And 2 Ors | its own interests, they are not entitled to recover possession of the property improperly alienated by the Shebait, but they can be granted a declaratory decree that the alienation is not binding on the deity, (See for example, Kalyana Venkataramana Ayyangar v. Kasturiranga Ayyangar, ILR 40 Mad 212 : (AIR 1917 Mad 112 ... | 1[ds]The Judicial Committee observed that S. 42 of the Specific Relief Act did not apply to the case and that it was not a question of exercising a discretion under that Section; and they gave to the appellant a decree setting aside the decree complained of and declaring that the agreement of compromise and the decree ... | 1 | 4,466 | 1,548 | ### 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:
its own interests, they are not entitled to recover possession of the property improperly alienated by the Sh... |
N. Harihara Krishnan Vs. J. Thomas | once it receives either information regarding the commission of a cognizable offence or an order from a Magistrate to investigate into the allegation of the occurrence of a non-cognizable offence and submit a report under Section 173. Section 173(2)(i)(d) inter alia stipulates that the report should contain a statement... | 1[ds]Nonetheless, the respondent filed the complaint stating that the cheque in question for Rs. 39 lakhs was drawn towards the balance of the sale consideration of the transactions covered by thethree sale deeds. Prima facie, it is very doubtful whether the cheque was drawn for any amount which is legally due to the r... | 1 | 5,803 | 525 | ### 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:
once it receives either information regarding the commission of a cognizable offence or an order ... |
Bobbili Ramakrishna Raju Yadav Vs. State Of A P Rep. By Its Public Prosecutor High Court Of A P Hyderbad A P | is well-settled that power under Section 482 Cr.P.C. should be sparingly exercised in rare cases. As has been laid down by this Court in the case of Madhavrao Jiwajirao Scindia & Ors. vs. Sambhajirao Chandrojirao Angre & Ors., (1988) 1 SCC 692 , that when a prosecution at the initial stage was asked to be quashed, the ... | 1[ds]13. Giving of dowry and the traditional presents at or about the time of wedding does not in any way raise a presumption that such a property was thereby entrusted and put under the dominion of the parents-in-law of the bride or other close relations so as to attract ingredients of Section 6 of the Dowry Prohibiti... | 1 | 2,761 | 346 | ### Instruction:
Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding.
### Input:
is well-settled that power under Section 482 Cr.P.C. should be sparingly exercised in rare cases. As ... |
P. RANJITHARAJ Vs. THE STATE OF TAMIL NADU & ORS | appointed on the post of APP Grade II by the Government by order dated 24th September, 2002. 5. So far as the present appellants are concerned, their names at the given point of time were withheld for want of further verification and clearance from the Commission. The Commission on verification granted clearance to bot... | 1[ds]11. After we have heard counsel for the parties and with their assistance perused the material available on record, in our considered view, the premise on which the High Court has proceeded is not sustainable for the reason that the appellants along with other applicants had participated in the self--same selectio... | 1 | 1,263 | 330 | ### 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:
appointed on the post of APP Grade II by the Government by order dated 24th September, 2002. 5. S... |
Commissioner of C. Ex Vs. Vetcare Organics P. Ltd | Commissioner:?As I have held that the subject goods are classifiable under Chapter Heading 23.02 of the Central Excise Tariff Act, 1985 and eligible for exemption from duty, I am not inclined to discuss whether the said goods are branded or not. However, as regards the products Halquinol and Chlortech/Sanitech, there i... | 1[ds]8. The aforesaid principle of law is no more res integra and has been decided by this Court authoritatively in couple of judgments. In Commissioner of Central Excise,Vs. Mahaan Dairies (2004) 11 SCC 798 this Court while interpreting the similar nature of definition of brand name or trade name, held ashave today d... | 1 | 1,543 | 289 | ### 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:
Commissioner:?As I have held that the subject goods are classifiable under Chapter Heading 23.02 of t... |
Century Spinning & Manufacturing Companyltd. And Anr Vs. The Ulhasnagar- Municipal Council And Anr | determination, and the claim could not be characterised as frivolous, vexatious or unjust. The High Court has given no reasons for dismissing the petition in limine, and on a consideration of the averments in the petition and the materials placed before the Court we are satisfied that the Company was entitled to have i... | 1[ds]12. If our nascent democracy is to thrive different standards of conduct for the people and the public bodies cannot ordinarily be permitted. A public body is in our judgment, not exempt from liability to carry out its obligation arising out of representations made by it relying upon which a citizen has altered hi... | 1 | 2,324 | 145 | ### Instruction:
Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding.
### Input:
determination, and the claim could not be characterised as frivolous, vexatious or unjust. The High Court has given no rea... |
Karnataka Forest Devlp. Corporation Limited Vs. Cantreads Private Limited & Others | latex, which is the natural produce, hardened by application of the sulphuric acid and given the shape or form of sheets and thereafter dried with the help of smoke and graded into grades of I to V could not be treated as forest produce, for the process applied resulted in bringing out a commodity which was different f... | 1[ds]7. The High Court found that since what was sold by the appellant was not rubber obtained from the trees but sheet s or blocks of rubber which were chemically and mechanically processed it could not be held to be forest produce. The High Court applied the test of commercial parlance and held that where latex produ... | 1 | 1,625 | 358 | ### 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:
latex, which is the natural produce, hardened by application of the sulphuric acid and given the shape or form of sheets a... |
Inder Singh Vs. Gurdial Singh | is not a correct statement of the law, the statement there being that the two elements which are essential to constitute the factum of adoption are (i) an intention to appoint an heir and (ii) an act of association (see p. 497). We consider that it is unnecessary in this case to examine the more general question of the... | 0[ds]We consider that it is unnecessary in this case to examine the more general question of the exact scope and ambit of the rule in other parts of the Punjab; for we have unimpeachable evidence of the scope of the rule in the district ofis clear, however that so far as the Jats of Ludhiana district are concerned the ... | 0 | 2,405 | 302 | ### 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:
is not a correct statement of the law, the statement there being that the two elements which are essential to constitute th... |
Khatoon & Others Vs. The State of U.P. Through Principal Secretary & Others | Court in the case of Gajraj (supra), namely, allotment of developed abadi plot to the appellants.38. In our considered opinion, the appellants are not entitled to get the benefit of the aforementioned second direction and this we say for the following reasons.39. First, the High Court in the case of Gajraj (supra) had,... | 0[ds]35. Having heard the learned counsel for the parties and on perusal of the record of the case, we find no merit in the submissions urged by the learned counsel for the appellants (landowners).36. As mentioned above, it is not in dispute that out of the two directions given by the High Court in the case of Gajraj (... | 0 | 4,199 | 1,259 | ### 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 in the case of Gajraj (supra), namely, allotment of developed abadi plot to the appellants.38. In our considered op... |
Allahabad Canning Company Vs. Union of India | to the Fund a refund shall be made from the Fund to the buyer of Levy Sugar from whom any excess realisation was made by the producer or dealer,Provided that no buyer shall be entitled to claim as refund under this sub-section if he-(a) being the wholesale dealer, had passed on the incidence of such excess over the con... | 1[ds]The only question is whether the proviso to section 6, Sub-section (1) precluded the appellants from claiming refund of that amount.The proviso on its plain terms applied only where the party claiming refund of the amount of excess realisation is a wholesale or a retail dealer who has passed on the incidence of th... | 1 | 2,052 | 553 | ### Instruction:
Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document.
### Input:
to the Fund a refund shall be made from the Fund to the buyer of Levy Sugar from whom any excess realis... |
SHAMITA SINGHA & ANR Vs. RASHMI AHLUWALIA & ANR. | as Plaintiff in the civil suit in the capacity of executor and legatee of the will of the Testator, who was Plaintiff in the suit. Such a course was found to be permissible. This opinion of the Court was qualified with the direction that if the suit was ultimately decreed, the Trial Court should make it clear that the ... | 1[ds]In another decision, Binapani Kar Chowdhury v. Sri Satyabrata Basu and Anr.(2006) 10 SCC 442 the question involved was as to whether a legal representative could prosecute a civil suit filed by the Testator during his lifetime for recovery of possession against third party. The legal representative in that case ... | 1 | 1,955 | 973 | ### 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:
as Plaintiff in the civil suit in the capacity of executor and legatee of the will of the Testator, who... |
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