Case Name stringlengths 11 235 | Input stringlengths 944 6.86k | Output stringlengths 11 196k | Label int64 0 1 | Count int64 176 118k | Decision_Count int64 7 37.8k | text stringlengths 1.43k 13.9k |
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Karnataka Power Corp. Ltd. Vs. K. Thangappan | was called for. 5. The factual position as noted above clearly shows that for nearly 2 decades the respondent No.1-workman had remained silent. As rightly pointed out by learned counsel for the appellants even in the representations made in 1997 and 1998 there was no reference to the representations claimed to have bee... | 1[ds]5. The factual position as noted above clearly shows that for nearly 2 decades the respondent No.1-workman had remained silent. As rightly pointed out by learned counsel for the appellants even in the representations made in 1997 and 1998 there was no reference to the representations claimed to have been made in 1... | 1 | 1,814 | 179 | ### 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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was called for. 5. The factual position as noted above clearly shows that for nearly 2 decades the responden... |
Sambhu Dayal Vs. State Of U.P | public Analyst through notification and that Act 49 of 1964 did not repeal any part of the Food Adulteration Act which then existed and any amendment in the specific provisions of the said Act which were affected by Act 49 of 1964 will not have the effect of repeal of any part of the said Act. We agree with the view ta... | 1[ds]5. On the facts it is not disputed that on the date of the offence neither a public Analyst nor a Food Inspector was appointed after the amending Act 49 of 1964. The learned Counsel would like us to read sections 8 and 9 of the Act as repealing the old sections and empowering the Central Government or the state Go... | 1 | 2,357 | 1,258 | ### 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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public Analyst through notification and that Act 49 of 1964 did not repeal any part of the Food Adulteration Act which th... |
Rajeswar Tiwari and Ors Vs. Nanda Kishore Roy | Corruption Act was proper and legal. Reversing the order passed by the High Court, this Court explained the circumstances under which such power could be exercised. Apart from reiterating the earlier norms laid down by this Court, it was further explained that such power could be exercised where allegation made in the ... | 0[ds]10) In the case on hand, it is the categorical stand of thethat the amount of tax that has been deducted from the respondents salary as TDS under the head "Salaries" in terms of Section 192 is uniformly done in respect of each and every employee of the company. It is also asserted that the amount of tax so deducte... | 0 | 4,884 | 1,027 | ### Instruction:
Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding.
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Corruption Act was proper and legal. Reversing the order passed by the High Court, this Court explained the circumstances ... |
The State of Karnataka and Ors Vs. Gunjahalli Nagappa and Ors | behalf of the State Government. He contended that in any event even if the impugned order was bad and the election process was liable to be continued from the stage at which it was interrupted, the poll could be taken only on the basis of the revised Electoral Roll which had come into being, in the meanwhile, in Februa... | 0[ds]It is not necessary for the purpose of the present appeal to embark on a discussion on the wider question as to what are the different circumstances in which the power conferred under Rule 75 can be exercised by the State Government and what kind of order can be made by the State Government in exercise of such pow... | 0 | 5,084 | 1,241 | ### 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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behalf of the State Government. He contended that in any event even if the impugned order was bad and... |
M/S DEEP INDUSTRIES LTD Vs. OIL AND NATURAL GAS CORPORATION LTD | into and deciding the Section 17 application. In point of fact, the Arbitral Tribunal was well within its jurisdiction in referring to the contract and the ban order and then applying the law and finally issuing the stay order. Even if it be accepted that the principle laid down by Section 41(e) of the Specific Relief ... | 1[ds]11. Given the aforesaid statutory provision and given the fact that the 1996 Act repealed three previous enactments in order that there be speedy disposal of all matters covered by it, it is clear that the statutory policy of the Act is that not only are time limits set down for disposal of the arbitral proceeding... | 1 | 5,766 | 2,384 | ### 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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into and deciding the Section 17 application. In point of fact, the Arbitral Tribunal was well within its ... |
General Manager, Southern Railway, Madras Vs. T M. Paramasivam | BEG, J. 1. The General Manager, Southern Railway obtained Special Leave to appeal to this Court against a judgment of a Division Bench of the Madras High Court. The learned Judges, Veeraswami, C. J., and Raghavan, J., had held, in a very short judgment, a notification of the Railway Department, retiring the petitioner-... | 1[ds]6. The respondent petitioner having been confirmed on 1st September, 1938, could be said to be appointed in substantive capacity only on that date. He could neither have a lien nor a suspended lien on a permanent post. He could also not be found to hold a permanent post in a provisional capacity under clause (d) o... | 1 | 1,152 | 268 | ### 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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BEG, J. 1. The General Manager, Southern Railway obtained Special Leave to appeal to this Court against a j... |
M/S Goa Carbon Limited Vs. Commr.Of Trade Tax | 6.5.06. The Tribunal further held that there was no merit in the argument of the assessee that lease agreement was executed pursuant to Letter of Intent dated 29.10.91, particularly, when there was no indication to that effect in the lease. According to the Tribunal, had the lease been executed in continuation of the L... | 0[ds]8. In the case of 20th Century Finance Corpn. Ltd. (supra) the Constitution Bench of this Court by majority held that delivery of goods may be one of the elements of transfer of right to use, but the same would not be the condition precedent for a contract of transfer of right to use goods. That, where a party has... | 0 | 1,827 | 979 | ### 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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6.5.06. The Tribunal further held that there was no merit in the argument of the assessee that lease agreement was execut... |
SOUTH DELHI MUNICIPAL CORPORATION Vs. M/S. TODAY HOMES AND INFRASTRUCTURE PVT. LTD. ETC | rights on a class of citizens, should be complete codes by themselves. With that object in view, forums were created under the Acts themselves where grievances could be entertained on behalf of the persons aggrieved (Shiv Kumar Chadha Etc. Etc v. Municipal Corporation of Delhi (1993) 3 SCC 161 ). 11. Wherever a right o... | 1[ds]9. A perusal of the relevant provisions of the Act would show that there is no express bar on the jurisdiction of Courts.We find that a liability for payment of tax is created by the Delhi Municipal Corporation Act, 1957. Further, a remedy by way of an appeal against an order of assessment, before an appropriate f... | 1 | 3,864 | 464 | ### 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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rights on a class of citizens, should be complete codes by themselves. With that object in view, forums were created under... |
T. Fenn Walter Vs. Union Of India | people. Indispensable to that faith is the independence of the judiciary. Any independent and impartial judiciary supplies the reason for the judicial institution; it also gives character and content to the constitutional milieu. ....In the fashioning of the provisions relating to the judiciary, the greatest importance... | 1[ds](11) There are ever so many Statutes enacted by the Parliament which provide for a sitting Judge of the High Court to be appointed either as the President, Chairman, or Vice-Chairman of any Tribunal or Commission. Under the Consumer Protection Act, 1986, under Section 16-A, a person who is or has been a Judge of a... | 1 | 3,672 | 734 | ### 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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people. Indispensable to that faith is the independence of the judiciary. Any independent and impartial judiciary supplies ... |
National Textile Corporation(Sm) Vs. Associated Building Company | (2) Even on the merits, the High Court was in error in holding that no enforceable right vested in the Custodian under Section 3(2) of the Act to take possession of the premises wherein the registered office of the Tata Mills Ltd. in Bombay House was located. On the other hand, Mr. soli J.Sorabjee, Counsel for petition... | 0[ds]12. The affidavits filed in the case disclose that when petitioners No.1 and 5 were informed that immediate possession and control of the Tata Mills office at Bombay House will be taken, they promptly replied by communication dated 18.1.1984 that no specific part or portion of the Bombay House was allotted to the ... | 0 | 4,324 | 885 | ### 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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(2) Even on the merits, the High Court was in error in holding that no enforceable right vested in the Custodian under Sect... |
E.P. Royappa Vs. State of Tamil Nadu & Another | The Court would, therefore, be slow to draw dubious inferences from incomplete facts placed before it by a party, particularly when the imputations are grave and they are made against the holder of an office which has a high responsibility in the administration. Such is the judicial perspective in evaluating charges of... | 0[ds]10. It thus appears that the Chief Ministers Note as well as the draft order stated that the petitioner was promoted and posted as Chief Secretary. But the Gazettee Notification dated 13 November, 1969 was that the petitioner was "promoted and posted to act as Chief Secretary to the Government vice C.A. Ramakrishn... | 0 | 24,382 | 2,287 | ### 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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The Court would, therefore, be slow to draw dubious inferences from incomplete facts placed before it by a ... |
Gopal Saran Vs. Satyanarayana | Court in Dr. Vijay Kumar v. Raghbir Singh Anokh Singh ((1973) 2 SCC 597 ) may be referred to. There the Rend Controller had found that the appellants had partitioned the shop in question in two portions. The two portions were demarcated by a wooden partition wall. In one portion there was the clinic of the first appell... | 1[ds]e find a certain amount of confusion as to what was the actual state of affairs. The pleadings of the plaintiff-respondent, the landlord in connection with the allegations of parting with possession are set out in paragraphs 5, 6 and 8 of the plaint and these have been answered by the appellant in paragraphs 5, 6,... | 1 | 8,989 | 3,708 | ### 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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Court in Dr. Vijay Kumar v. Raghbir Singh Anokh Singh ((1973) 2 SCC 597 ) may be referred to. There the Ren... |
State 0F Bombay & Others Vs. The Hospital Mazdoor Sabha & Others | can be regarded as analogous to the earning on of a trade or business. In that case this Court was concerned with the claim for bonus made by the workmen of the Baroda Borought Municipality and it was rejected; comment has been made by learned counsel on some of the grounds accepted by this Court in support of its fina... | 0[ds]6. Now, turning to the first point, it may be stated that the facts on which the respondents plea is based are not in dispute. It is conceded that the services of respondents 2 and 3 have been retrenched though it may be for the purpose of making room for other Government servants with a longer record of service w... | 0 | 6,893 | 1,549 | ### 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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can be regarded as analogous to the earning on of a trade or business. In that case this Court was concerned with the clai... |
K.K. Modi S/O Late Gujarmal Modi Vs. Securities Appellate Tribunal & Others | not dispute that the acquirers, together with persons acting in concert, claim to have acquired 23.40% of the equity capital of the target company. It is also not disputed that Modipon Limited hold only 4.53% of the share-holding of MRL. Four acquirers.named in the offer document claim to hold 12.53% shares in the targ... | 0[ds]The Regulations deal inter alia with substantial acquisition of shares in companies by an acquirer. They do not, in any manner, inhibit the right of the owner of shares to sell his shares to a willing purchaser. In fact, the law leans in favour of free transferability of shares. Mr. Chagla, therefore, rightly emph... | 0 | 9,382 | 1,707 | ### Instruction:
Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction.
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not dispute that the acquirers, together with persons acting in concert, claim to have acquired 23.40% ... |
State Bank of Travancore Vs. M/s. Kingston Computers (I) P. Ltd | authority letter dated 2.1.2003 to do the following things: (i) to sign, verify and file a suit for recovery on behalf of the company against the State Bank of Travancore, R.K. Puram Branch, New Delhi,(ii) to sign, verify and file any document, application to lead evidence, make statement or compromise the matter befor... | 1[ds]The Division Bench of the High Court did take cognizance of the fact that the company had not summoned any witness from the office of the Registrar of Company to prove that Shri Ashok K.Shukla was a Director of the company and that the minute book of the company had not been produced to prove the appointment of Sh... | 1 | 1,857 | 237 | ### 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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authority letter dated 2.1.2003 to do the following things: (i) to sign, verify and file a suit f... |
Asrumati Debi Vs. Kumar Rupendra Deb Raikot And Others | of the Letters Patent. We have indicated what the essential features of a judgment are according to both the Calcutta and the Madras High Courts and all that we need say is that, in our opinion, an order under clause 13 of the Letters Patent does not satisfy the tests of a judgment as formulated by either of these High... | 0[ds]It is true that unless the parties to the suit are agreed on this point, there must arise a controversy between them which has to be determined by the court. In the present case, a single Judge of the High Court has decided this question in favour of the plaintiff in the suit; but a decision on any and every point... | 0 | 3,755 | 1,177 | ### Instruction:
Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction.
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of the Letters Patent. We have indicated what the essential features of a judgment are according to bot... |
Mahant Sankarshan Ramanuja Das Goswami Etc., Etc Vs. The State Of Orissa And Another | Art. 14, Art. 19 or Art. 31, provided that it had been reserved for the consideration of the President and had received his assent. By the definition clause, (Art. 31-A (2) (a) ), the expression "estate" was to have the same meaning in any local area, which it or its equivalent had in the existing law relating to land ... | 0[ds]10. The combined effect of these provisions of the Constitution was that there could be no compulsory acquisition of property for public purposes; unless the law provided for payment of compensation, but the law could not be called in question on this ground if it had been reserved for the consideration of the Pre... | 0 | 2,759 | 735 | ### 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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Art. 14, Art. 19 or Art. 31, provided that it had been reserved for the consideration of the President and had rec... |
Bhaskar Shrachi Alloys Ltd. and Ors Vs. Damodar Valley Corporation and Ors | by the learned Appellate Tribunal in this regard. Having clarified the manner in which the fourth proviso to Section 14 of the 2003 Act has to be understood, we do not find the reasoning adopted by the learned Appellate Tribunal on the issues relating to depreciation and sinking fund to be fundamentally flawed in any m... | 0[ds]27. We have considered the reasons which had weighed with the CERC as well as the learned Appellate Tribunal in granting the aforesaid transitory period. The present dispute, regardless of the way it is resolved, would have relevance to the quantum of the tariff, depending on whether the determination is made on t... | 0 | 11,253 | 2,668 | ### 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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by the learned Appellate Tribunal in this regard. Having clarified the manner in which the fourth proviso to Sect... |
Maharashtra State Mining Corporation Employees’ Union (Affiliated To Rashtriya Shramik Congress) & Others Vs. State of Maharashtra Trade Commerce & Mining Department Mantralaya, Through Its Secretary & Another | He stated that State Government has given cogent reasons for providing uniformity and those reasons are not in dispute. Members of petitioner-Union in Writ Petition No.2004/2002 or petitioner in Writ Petition No.5223/2004 have not worked after reaching age of 58 years and hence are not entitled to any wages or other be... | 1[ds]18. Here, as we find that the power to determine age of superannuation is exclusively with the Board of Directors of Mining Corporation and Board of Directors has not resolved either before or after 24.10.2001 to bring it down to 58 years, the age of superannuation stipulated in clause (ix) supra, must operate and... | 1 | 2,233 | 66 | ### Instruction:
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He stated that State Government has given cogent reasons for providing uniformity and those reasons are not ... |
Gobald Motor Service Ltd. & Another Vs. R. M. K. Veluswami & Others | credit should be given in assessing the damages under the Fatal Accidents Acts, for what was given to him under the Law Reform Act, 1934. So too, in Ellis v. Raine, 1939-2 KB 180 where the parents of an infant, who had been negligently killed in an accident, claimed damages under both the Acts, Goddard, L. J., reaffirm... | 1[ds]That apart, it cannot be said that the bus maintained an even pace throughout. The High Court, on the basis of the evidence and on broad probabilities, held that the speed at which the bus was driven was excessive, having regard to the nature of the ground on which the accident happened; and having gone through th... | 1 | 5,975 | 1,001 | ### Instruction:
Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction.
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credit should be given in assessing the damages under the Fatal Accidents Acts, for what was given to h... |
APOLLO ZIPPER INDIA LIMITED Vs. W. NEWMAN AND CO. LTD | deemed to have been waived. The following Para 6 of the decision is apposite which reads as under:“6. The singular question to be examined in the present case is whether the tenancy was terminated in accordance with the provisions of Section 106 of the Transfer of Property Act. The receipt of notice by the defendant is... | 1[ds]41. Having heard the learned counsel for the parties and on perusal of the record of the case, we are inclined to allow the appeal, set aside the impugned judgment and restore the order of the Single Judge.42. In our considered opinion, the reasoning and the conclusion arrived at by the Single Judge while declinin... | 1 | 4,800 | 1,528 | ### 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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deemed to have been waived. The following Para 6 of the decision is apposite which reads as under:“6. The singular question... |
Chairman and Managing Director, Singareni Collieries Company Limited Vs. M. Ramesh Chander and Others | of the common pool are thrown open both for internal and external candidates. Thus on account of this procedure, the internal candidates stand a chance of getting a larger share in the appointment to the said posts exceeding even their quota. Hence the grievance made by and on behalf of the internal candidates is unjus... | 1[ds]The High Court has not fully appreciated the procedure followed by the Company and its advantage to the internal candidates. The decision of the High Court is, therefore, erroneous. The contention of the respondents further that there are to rules and regulations for recruitment to the post of Welfare Officer is n... | 1 | 1,944 | 733 | ### 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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of the common pool are thrown open both for internal and external candidates. Thus on account of this procedure, the inte... |
B.N. Srivastava Vs. Cbi, Eou-Iv, New Delhi | S. Abdul Nazeer, J.1. Leave granted.2. The application filed by the appellant was allowed by the Special Judge, Prevention of Corruption, C.B.I., Ghaziabad, in Special Case No.05 of 2012, dated 28th April, 2016, subject to the following conditions:"1. The applicant/accused will not tamper with the evidence during the t... | 1[ds]5. It is clear that the appellant has already deposited a sum of Rupees ten lakh in terms of an interim order passed by the High Court. It is also clear from the materials on record that thenamely, B.N. Yadav and R.K. Singh have been granted bail without a condition being imposed upon them for depositing the amoun... | 1 | 396 | 107 | ### 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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S. Abdul Nazeer, J.1. Leave granted.2. The application filed by the appellant was allowed by the Special Judge, Prevention ... |
Central Bureau of Investigation, Bank Securities & Fraud Cell & Another Vs. Ramesh Gelli & Others | interpretation under Section 2 ( c ) thereof, read with the provisions of the Rajasthan Municipalities Act.xxx xxx xxx19.The present Act (the 1988 Act) envisages widening of the scope of the definition of the expression "public servant". It was brought in force to purify public administration. The legislature has used ... | 1[ds]24. In the light of law laid down by this court as above, it is clear that object of enactment of P.C. Act, 1988, was to make the anti corruption law more effective and widen its coverage. In view of definition of public servant in Section 46A of Banking Regulation Act, 1949 as amended the Managing Director and Ex... | 1 | 8,885 | 635 | ### 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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interpretation under Section 2 ( c ) thereof, read with the provisions of the Rajasthan Municipalities Act... |
RAM LAL Vs. SALIG RAM | of the view that the impugned judgment, on its final conclusion for dismissal of the suit cannot be sustained and the entire matter deserves to be remanded to the Trial Court for consideration afresh. 13. As noticed, in essence, the case of the plaintiffs has been that the defendants were interfering with, and encroach... | 1[ds]12. Having given anxious consideration to the rival submissions, we are clearly of the view that the impugned judgment, on its final conclusion for dismissal of the suit cannot be sustained and the entire matter deserves to be remanded to the Trial Court for consideration afresh13. As noticed, in essence, the case... | 1 | 2,983 | 895 | ### Instruction:
Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding.
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of the view that the impugned judgment, on its final conclusion for dismissal of the suit cannot be sustained... |
Shyamrao Maroti Korwate Vs. Deepak Kisanrao Tekam | or her guardianship will not be for the welfare of the minor." 10. If we analyze the above provisions, one thing is clear that in a matter of custody of a minor child, the paramount consideration is the "welfare of the minor" and not rights of the parents or relatives under a statute which are in force. The word "welfa... | 1[ds]10. If we analyze the above provisions, one thing is clear that in a matter of custody of a minor child, the paramount consideration is the "welfare of the minor" and not rights of the parents or relatives under a statute which are in force. The word "welfare" used in Section 13 of the Act 1956 has to be construed... | 1 | 2,691 | 591 | ### 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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or her guardianship will not be for the welfare of the minor." 10. If we analyze the above provisions, one thing is clear th... |
Jogendra Nath Naskar Vs. Commissioner of Income Tax, Calcutta | the idol may be to the worshipper a symbol (pratika) of the Supreme God-head intended to invoke a sense of the vast and intimate reality, and suggesting the essential truth of the Real that is beyond all name or form. It is a basic postulate of Hindu religion that different images do not represent different divinties, ... | 0[ds]Thus, according to the texts, the Gods have no beneficial enjoyment of the properties, and they can be described as their owners only in a figurative sense (Gaunartha). The correct legal position is that the idol as representing and embodying the spiritual purpose of the donor is the juristic person recognised by ... | 0 | 3,936 | 538 | ### 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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the idol may be to the worshipper a symbol (pratika) of the Supreme God-head intended to invoke a sense of t... |
Bhagwani Kuer (Dead) & Ors Vs. Tapeswari Kuer (Dead) & Ors | Kuer and Alodhan Kuer had applied for the probate of the will of Achhaiber Singh after the death of Shyam Narain Singh. Hence Shyam Narain Singh could not possibly join them at that time. He had died before the will could be duly proved. He was also said to have looked after the properties of the two ladies. The questi... | 0[ds]In reply we have been referred to the meaning of the term "Sraddha" given in Sir M. Monier-Williams Sanskrit-English Dictionary (p. 1097) asceremony in honour and for the benefit of dead relatives observed with great strictness at various fixed periods and on occasions of rejoicing as well as mourning by the survi... | 0 | 1,445 | 367 | ### Instruction:
Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction.
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Kuer and Alodhan Kuer had applied for the probate of the will of Achhaiber Singh after the death of Shy... |
Commissioner of Income Tax Vs. V. Venkatachalam | question was referred at the instance of the Revenue 3. Under Section 14 of the Income Tax Act, Capital gains is a separate had of income. Capital gains have to be computed in accordance with the provisions contained in Section 45 to 48, among other provisions, occurring under the sub-head E - Capital gains in Chapter ... | 0[ds]6. Evidently, the deductions provided for by the said provision had to be made from out of the capital gains. In this case the capital gain was Rs. 1, 02, 740. It is on the said sum that the deductions provided for by SectionT had to be applied. In such a case, no question can arise of the business loss being set ... | 0 | 1,431 | 665 | ### 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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question was referred at the instance of the Revenue 3. Under Section 14 of the Income Tax Act, Capital gains is a... |
Goverdhan Lal Dhawan Vs. State Of Bihar & Others | States to enter into an inter-State agreement. In the same decision at Pages 483-484 the Court made the following observations in respect of inter-regional permits: "In the case of inter-regional permits an application under section 45 of the Act has to be made to the Regional Transport Authority of the region in which... | 0[ds]5. The North Bihar Regional Transport Authority has, therefore, jurisdiction to consider the applications for the grant of thepermits in question. After they are granted, it is open to the South Bihar Regional Transport Authority to consider whether they should be countersigned or not after following the prescribe... | 0 | 3,550 | 71 | ### 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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States to enter into an inter-State agreement. In the same decision at Pages 483-484 the Court made the fo... |
Porcelain Electrical Manufacturing Company Vs. Collector of Central Excise, New Delhi | 1. The question that arises for consideration in these appeals directed against the order of Customs, Excise & Gold.(Control) Appellate Tribunal, New Delhi is whether the Tribunal was justified in rejecting the claim for refund for the period which was beyond six months from the date the duty was paid 2. Various items ... | 0[ds]4. In our opinion, the controversy stands concluded by the decision of this Court in CCE v. Doaba Coop. Sugar Mills Ltd. 1988 Supp(SCC) 683 : 1989 SCC(Tax) 23) The relevant observations are extracted below : (SCC p. 684, para 6)"But in making claims for refund before the departmental authority, an assessee is boun... | 0 | 645 | 190 | ### 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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1. The question that arises for consideration in these appeals directed against the order of Customs, Excise & Gold.(Contro... |
The New Theaters (Carnatic Talkies) Ltd., Coimbatore Vs. N. Vajrapani Naidu | now stood modified. Whereas the original s. 9 (1) provided for the making of an application by the tenant within a specified period to the court for an order directing the landlord to sell the land for a price to be fixed by the court, and the court was required to fix the price according to the lowest market value pre... | 0[ds]We are clear in our mind that if the suit was pending on the date when the amendments in the principal Act were brought into force, the amended provisions of the Act will govern the disposal of the suit.Now, the appellant had already filed C.M.P. No. 1835 of 1958 praying for directions under s. 9 for the sale of t... | 0 | 3,460 | 615 | ### 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:
now stood modified. Whereas the original s. 9 (1) provided for the making of an application by the tenant wi... |
U. P. Bhumi Sudhar Nigam Limited Vs. Shiv Narain Gupta | he was asked to join the post by 31-10-1990. S.K. Sachdeva having failed to join the post, Shiv Narain Gupta represented before the Corp oration that he, being next on the merit panel, be considered for appointment to the post. When no action was taken by the Corporation for considerable time, Shiv Narain Gupta filed a... | 1[ds]. It wascontended by Mr Gopal Subramaniam that in the facts and circumstances of this case, the Corporation acted bona fide and was justified in not offering the appointment to the respondent. We agree with the learned counsel. We are of the view that the High Court fell into patent error in issuing the mandamus i... | 1 | 1,209 | 217 | ### 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:
he was asked to join the post by 31-10-1990. S.K. Sachdeva having failed to join the post, Shiv Narain Gupta repre... |
Avneesh Chandan Gadgil & Anr Vs. Oriental Bank of Commerce & Ors | M.R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 16.02.2016 passed by the High Court of Delhi in Writ Petition (C) No.4207 of 2015 by which the High Court has allowed the said appeal preferred by the respondent No.1 herein - Bank and has quashed and set aside the order pass... | 1[ds]7. At the outset, it is required to be noted that the issue involved in the present appeal is now not res integra in view of the direct decision of this Court in the case of International Asset Reconstruction Company of India Limited Vs. Official Liquidator of Aldrich Pharmaceuticals Limited and Ors., (2017) 16 SC... | 1 | 941 | 518 | ### 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:
M.R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 16.02.2016 pas... |
State Rep. by Inspector of Police, Tamil Nadu Vs. Rajendran & Others | why A2 would ask the deceased about the whereabouts of PW 5. Evidence shows that the deceased answered by stating that PW5 has gone to Madras. High Court was of the view that some material should have been brought on record to show that PW 5 was not actually in town and had gone to Madras or any other place. The High C... | 1[ds]we find the High Courts judgment is full of abrupt conclusions and some times contrary to the evidence on record. The High Court has considered certain factors to be material whereas in fact they are not so. For example the non-mention of the name of the deceased in the company of PW 5 in Ex.P5 has been considered... | 1 | 2,324 | 435 | ### Instruction:
First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document.
### Input:
why A2 would ask the deceased about the whereabouts of PW 5. Evidence shows that the deceased answered by stating that PW5 ... |
Union of India & Ors Vs. Shri C.R. Madhava Murthy & Anr | anomaly and to fix their salaries at par with their juniors. Thereafter, the original writ petitioners preferred O.A. Nos. 813 & 814/2014 before the Central Administrative Tribunal, Bengaluru Bench, Bengaluru. By the common order dated 04.01.2016, the Tribunal rejected the said applications. Feeling aggrieved and dissa... | 0[ds]4. Having heard Ms. Madhvi Divan, learned ASG and considering the facts and circumstances of the case, which has emerged from the impugned judgment and order passed by the High Court, it cannot be said that the original writ petitioners were as such claiming the stepping up of the pay under the ACP Scheme. Their g... | 0 | 1,442 | 660 | ### 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:
anomaly and to fix their salaries at par with their juniors. Thereafter, the original writ petitioners prefe... |
DAYALU KASHYAP Vs. THE STATE OF CHHATTISGARH | 1. Leave granted. 2. The present appeal arises qua an incident of 11.09.2010 of 10.30 in the morning when Sub Inspector K.S.Singh (PW-5), on the basis of the information received, apprehended the appellant and found that he was carrying Ganja in a green polythene bag on a wooden Kanwad from Bhaisabeda to Pithapur for t... | 1[ds]The judgment in turn, relied upon a Constitution Bench judgment of this Court in State of Punjab v. Baldev Singh – 1999 (6) SCC 172 to conclude that if a search is made by an empowered Officer on prior information without informing the person of his right that he has to be taken before a Gazetted Officer or a Magi... | 1 | 967 | 269 | ### Instruction:
First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document.
### Input:
1. Leave granted. 2. The present appeal arises qua an incident of 11.09.2010 of 10.30 in the morning when Sub Inspector K.S... |
Tek Chand (Dead) By Lrs. & Others Vs. Union of India & Others | K. Ramaswamy, J. 1. Lands comprising a few bighas belonging to the claimants (appellants) and situated in the area now known as ‘Nehru Place’ in Delhi were notified for acquisition by the Government of India by a Notification dated November 13, 1959, issued under Section 4 of the Land Acquisition Act, 1894. The said l... | 1[ds]2. With respect to learned Judges of the High Court who delivered the impugned judgment, in our opinion, the view taken by them cannot be sustained. In land acquisition proceedings compensation has to be fixed on the basis of a hypothetical sale at or about the time of the notification under Section 4 of the Land ... | 1 | 786 | 220 | ### 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:
K. Ramaswamy, J. 1. Lands comprising a few bighas belonging to the claimants (appellants) and sit... |
The State Of Orissa And Another Vs. M/S. Chakobhai Ghelabhai And Company | a rule prescribing fees for appeals and applications in revision was within the legislative competence of the Provincial Legislature. The Act was enacted in 1947and the source of legislative power must be found in the Government of India Act. 199935. Item 48 of List II (Provincial Legislative List) in the Seventh Sched... | 1[ds]We do not agree. The question where a sale is completed depends on facts and is not a pure question ofIt is worthy of note that a no stage subsequent to the admission did the respondent repudiate it or challenge its correctness. Even in the writ petition it was not stated that a wrong admission had been made; on t... | 1 | 3,136 | 532 | ### 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:
a rule prescribing fees for appeals and applications in revision was within the legislative competence of the Provincial ... |
Hindustan Poles Corporation Vs. Commissioner Of Central Excise, Calcutta | earlier judgment it was held that if there should come into existence a new article with distinct character and use as a result of the process, the essential condition justifying manufacture of good is satisfied. 27. This Court in Commissioner of Sales Tax, Orissa and Anr. vs. Jagannath Cotton Company and Anr. (1995) 5... | 1[ds]We have also carefully perused the pleadings and examined a series of cases decided by this Court. The following conclusions are irresistible:1) The process carried out by the appellants do not change the basic identity or original character of M.S. Welded Pipes to make it a new marketable product leading to manuf... | 1 | 5,405 | 238 | ### Instruction:
Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding.
### Input:
earlier judgment it was held that if there should come into existence a new article with distinct cha... |
Commissioner Of Income Tax, Calcutta Vs. Burlop Dealers Ltd | under Section 34 (1) (a) of the Income-tax Act 1922, after the amendment in 1948, and to re-open the assessment if income had been under assessed owing to the failure of the assessee to disclose fully and truly all material facts necessary for the assessment. He confirmed the order observing that the assessee had misle... | 0[ds]7. The Income-tax Officer had in consequence of information in his possession that the agreement with Ratiram Tansukhrai was a sham transaction reason to believe that income chargeable to tax had escaped assessment. Such a case would however appropriately fall under Section 34 (1) (b). But the period prescribed fo... | 0 | 1,630 | 382 | ### 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:
under Section 34 (1) (a) of the Income-tax Act 1922, after the amendment in 1948, and to re-open the assessme... |
TATA HOUSING DEVELOPMENT COMPANY LIMITED Vs. AALOK JAGGA | closure of certain hazardous industries, the directions for closure of slaughterhouse and its relocation, the various directions issued for the protection of the Ridge area in Delhi, the directions for setting up effluent treatment plants to the industries located in Delhi, the directions to tanneries etc., are all jud... | 1[ds]19. The Notification makes it clear that no new commercial construction of any kind shall be permitted within 0.5 km. from the boundary of protected area or up to the boundary of the eco-sensitive zone. Construction of all types of new buildings and houses up to a distance of 0.5 km. in the zone-I shall be prohibi... | 1 | 9,726 | 843 | ### 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:
closure of certain hazardous industries, the directions for closure of slaughterhouse and its relocation, the various direct... |
DR.D.J.DE SOUZA Vs. MANAGING DIRECTOR CPC DIAGOSTICS PVT.LTD | Hemant Gupta J.1. Leave granted.2. The challenge in the present appeals is to a judgment and order passed by the National Consumer Disputes Redressal Commission NCDRC on 14.12.2017 and also an order in Review Petition passed on 04.10.2018.3. The appellant placed an order for purchase of TurboChem 100 Unit in response t... | 0[ds]9. We have heard the appellant and find no merit in the present appeals. The pre-installation requisite as reproduced above clearly stipulates that the appellant has to provide: (i) Efficiently air-conditioned room (ii) 1KVA Online UPS for running of the equipment (iii) Broadband connection for ?i-track? (Remote D... | 0 | 940 | 200 | ### 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:
Hemant Gupta J.1. Leave granted.2. The challenge in the present appeals is to a judgment and order passed by the National C... |
Assambrook Limited Vs. Krishen Kumar Kapoor and Others | conceived in the interest of other corporate bodies in whom the majority shareholders of this company are interested. It is submitted that the purchase of four tea estates was not a prudent measure inasmuch as the title of the vendors to all the four estates is under a cloud and litigation is pending in that behalf. Fr... | 1[ds]In view of the fact that the suits and writs are pending in the Calcutta High Court and the Alipore District Court, which have to be tried and finally disposed of by those courts, we desist from expressing any opinion on the rival contentions urged by theand the respondents. At the same time, we are of the opinion... | 1 | 3,742 | 737 | ### 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:
conceived in the interest of other corporate bodies in whom the majority shareholders of this company a... |
Mst. Jadao Bahuji Vs. Municipal Committee, Khandwa And Another | adopted the line of reasoning of minority view in the High Court. He pointed out that S. 142-A was enacted to achieve three purposes. The first was that it removed doubts whether the charge of tax on professions, etc., would be regarded as income-tax. The second was that it put a limit upon the powers of the Provincial... | 0[ds]10. Retrospective legislation being thus open to the Provincial Legislatures, the Act of the Governor had the same force. Retrospective laws, it has been held, can validate an Act, which contains some defect in its enactment. Examples of Validating Acts which rendered inoperative, decrees or orders of the Court or... | 0 | 3,799 | 587 | ### 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:
adopted the line of reasoning of minority view in the High Court. He pointed out that S. 142-A was enac... |
HIMACHAL PRADESH CRICKET ASSOCIATION & ANR Vs. STATE OF HIMACHAL PRADESH & ORS | be harassed unnecessarily. If the trial is allowed to linger when prima facie it appears to the Court that the trial could likely to be ended in acquittal. It is, for this reason, principle which is laid down by catena of judgments is that the power is to be exercised by the High Court either to prevent abuse of proces... | 1[ds]32. Before we undertake the exercise of deliberating on the arguments of the counsel for the parties and reach our conclusions, it would be in the fitness of things to recapitulate the events in brief with focus on the allegations of alleged criminality which have been fastened upon the appellants and others. Appe... | 1 | 12,780 | 3,798 | ### 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:
be harassed unnecessarily. If the trial is allowed to linger when prima facie it appears to the Court that the trial coul... |
GYPSY PEGASUS LTD Vs. STATE OF GUJARAT | 1. Leave granted. 2. The appellant - Assessee is an Event Organizer who had arranged a live musical concert in the Sardar Patel Stadium, Navrangpura, Ahmedabad on 23rd December, 2016. Entertainment tax under Section 3 of the Gujarat Entertainments Tax Act, 1977 (for short the Act) on the gate receipts of the musical pr... | 1[ds]7. A perusal of the order of the High Court would go to show that the primary ground for rejection of the appellants claim is that the musical concert organized by the appellant was not for the purposes of promotion of cultural activities and was for commercial purposes.9. The matter lies within a short compass. S... | 1 | 713 | 252 | ### 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:
1. Leave granted. 2. The appellant - Assessee is an Event Organizer who had arranged a live musical con... |
State Of Maharashtra Vs. Kanchanmala Vijaysing Shirke | out insurance policy providing insurance against any liability to third parties incurred by the person using the vehicle. In this background, according to us, the courts while judging the liability of the Central or State Government or local authorities or transport undertakings, which have been exempted from the provi... | 0[ds]18. So far the facts of the present case are concerned, the High Court has rightly come to the conclusion, on basis of the pleadings and evidence on record, that it was the year ending day i.e. 31-3-1980 and the clerks and officers were required to work during night time. This direction had been given by Appellant... | 0 | 4,919 | 551 | ### 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:
out insurance policy providing insurance against any liability to third parties incurred by the person ... |
K. R. Deb Vs. Collector Of Central Excise, Shillong | 4-1-62 and 12-1-62, it may kindly be seen that no conclusive proof is forthcoming to establish the charge of acceptance of money (Rs. 100/-) by Shri K. R. Deb. But in view of the previous enquiry and statements given by witnesses, evading reply of Sri Dutta, the conduct of Shri K. R. Deb may not be above board." 8. On ... | 1[ds]13. It seems to us that Rule 15, on the face of it, really provides for one inquiry but it may be possible if in a particular case there has been no proper enquiry became some serious defect has crept into the inquiry or some important witnesses were not available at the time of the inquiry or were not examined fo... | 1 | 2,104 | 292 | ### 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:
4-1-62 and 12-1-62, it may kindly be seen that no conclusive proof is forthcoming to establish the charge of acceptance of... |
M/S. S. C. Cambatta & Co. Private Ltd., Bombay Vs. The Commissioner Of Excess Profits Tax Bombay | conclusion that no goodwill had been acquired by the business of the Theatre as such, and that whatever goodwill there was, related to the site and building itself. They then proceeded to consider what value should be set upon the goodwill on the date of the transfer of the subsidiary Company as directed by the High Co... | 1[ds]7. In our opinion, a question of law did arise in the case whether the goodwill of the Eros Theatre and Restaurant, Ltd. was calculated in accordance with law. The Tribunal seems to have taken into account only the value of the leasehold of the site to the subsidiary Company, and rejected other considerations whic... | 1 | 1,828 | 269 | ### 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:
conclusion that no goodwill had been acquired by the business of the Theatre as such, and that whatever goodwill t... |
ZILA PANCHAYAT ETAH Vs. OM PRAKASH SHAH | in question. The plaintiff mentioned the name of Harnarayan as the father of Panna Lal, which was not correct. That a school was run on the land in question after seeking permission from the appropriate authorities. A letter issued by the Chairman of the District Board, which was filed by the plaintiff, stating that th... | 1[ds]11. We have heard learned counsel for both the parties at length, and we are of the considered view that the trial court, the first appellate court and the High Court gravely erred in law in decreeing the suit, and First Appellate Court and the High Court erred in affirming the decree, without looking to the matte... | 1 | 1,660 | 389 | ### 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:
in question. The plaintiff mentioned the name of Harnarayan as the father of Panna Lal, which was not correct. That a scho... |
Jayaswal Neco Industries Limited, Through Its Authorized Representative & Another Vs. Reserve Bank of India, Through Its Chief General Manager ?? In Charge, Department of Banking Regulations & Others | any doctrinaire or straitjacket formula and this is particularly true in case of legislation dealing with economic matters, where, having regard to the nature of the problems required to be dealt with, greater play in the joints has to be allowed to the legislature. The Court should feel more inclined to give judicial ... | 0[ds]10. In the meeting of the JLF dated 12 December 2017, the issues relating to the RBI dispensation were discussed. The note of RBI notification dated 29 September 2017, was taken whereunder it was advised that assignment of CRAs for the resolution plans and the payments to CRAs for the same, will be made by the RBI... | 0 | 5,802 | 3,307 | ### 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:
any doctrinaire or straitjacket formula and this is particularly true in case of legislation dealing with economic matters... |
Unit Trust of India & Others Vs. Om Prakash Berlia & Others | date on which the plaintiffs filed the suit the period for exercising option had already expired. Thus, granting any decree on the basis of the alleged mala fides would be prejudicial to the defendants. This is more so when the nature of the transaction was to be that of debentures with an option to convert 20 % thereo... | 0[ds]5. During the course of the hearing, some statements have been made by Mr. Cooper giving up certain points. In addition some other points were not pressed before the learned single judge. Hence, we do not propose to give the detailed and verbose averments in the plaint and consequent detailed denials of these alle... | 0 | 33,949 | 12,207 | ### 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:
date on which the plaintiffs filed the suit the period for exercising option had already expired. Thus, gr... |
M/s. Chahal Engineering and Construction Company Vs. Irrigation Department, Punjab Sirsa | 31, 80, 663.00 which has been granted by the arbitrator on the basis that the Department had not denied the said amount which, as is shown above, is factually incorrect.Claim No. 4 34. As regards Claim No. 4, there does not appear to be any dispute if on the quantum of work executed, the rates as recommended by Shri Av... | 1[ds]We do not find any application filed by the appellant on record for making the award the rule of the court.Instead, we find that the arbitrator had filed the award in this court and a notice of the same was issued by the Registry of this court on 25th April, 1992 to the parties. The learned arbitrator had filed th... | 1 | 8,502 | 2,569 | ### 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:
31, 80, 663.00 which has been granted by the arbitrator on the basis that the Department had not denied the said amount whi... |
The Employers Of Azam Jahi Mills Ltd Vs. The Workmen | not incurred fresh loans for the purpose of buying plant and machinery, we can proceed on the basis that Rs. 14,49,664 and Rs. 1 lakh have come out of the working capital. Consequently, the reserves used as working capital should be approximately Rs. 24,83,000 as shown by the company less Rs. 15,49,664 i.e. Rs. 8,34,00... | 1[ds]There is no dispute that the net profit as disclosed by the balance sheet for the year 1960-61 was Rs. 9,03,378. The only difference between the management and the Tribunal with regard to the calculation of gross profits relates to the figures Rs. 5,39,963 for gratuity and retrenchment compensation paid by the com... | 1 | 3,116 | 1,370 | ### 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 incurred fresh loans for the purpose of buying plant and machinery, we can proceed on the basis that Rs. 14,49... |
Som Chand Sanghvi Vs. Bibhuti Bhusan Chakravarty | to Burrabazar police station along with another Sub-Inspector S. Bhattacharya, visited his residence, searched his house and arrested him. Neither of them had any warrant with them for the search of the house or for the arrest of the appellant. Upon enquiry by him from these persons they told him that this was being do... | 0[ds]7. It is true that for considering whether S. 197, Cr. P. C. would apply the Court must confine itself to the allegations made in the complaint. But that does not mean that it need not look beyond the form in which the allegations have been made and is incompetent to ascertain for itself their substance. Here the ... | 0 | 1,388 | 459 | ### Instruction:
Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding.
### Input:
to Burrabazar police station along with another Sub-Inspector S. Bhattacharya, visited his residence, searched his... |
State Of Punjab Vs. Suraj Parkash Kapur, Etc | of Rehabilitation No. 8R or 9R, dated the 23rd July, 1949 and published in the Official Gazette of that State, dated the 7th August, 1949.and such property is acquired under the provisions of this Act and forms part of the compensation pool, the displaced person shall, so long as the property remains vested in the Cent... | 0[ds]The result of these provisions is that under the Administration of Evacuee Property Act, the respondents became quasi-permanent allottees in respect of the land allotted them in 1950.After July 22, 1952 the Custodian ceased to have any authority to cancel or modify the said allotment. After the notification issued... | 0 | 2,366 | 816 | ### 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 Rehabilitation No. 8R or 9R, dated the 23rd July, 1949 and published in the Official Gazette of that Sta... |
State Of Andhra Pradesh Vs. S. M. K. Parasurama Gurukul | questions of policy or expediency and if so whether in arriving at the decision, the statutory body has to consider proposals and objections and evidence; and(v) whether in arriving at its decision, the statutory body has only to consider policy and expediency and at no stage has before it any form of list"Subba Rao. J... | 1[ds]4. It is hardly necessary to say that in this case the respondent had no right to be appointed a trustee; nor had any of the other persons who were appointed trustees. There was no question of a proposition and an opposition. There is, therefore, no question of any list. Nor is here any question of contest between... | 1 | 2,892 | 588 | ### 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:
questions of policy or expediency and if so whether in arriving at the decision, the statutory body has to consider proposa... |
Hemalatha Gargya Vs. Commnr. Of Income Tax, A.P. | itself, there can be no manner of doubt that such statutory requirement must be interpreted as mandatory (See: Maqbool Ahmad and Ors. v. Onkar Pratap Narayan Singh AIR 1935 PC, 85, 88). 10. Besides the scheme has conferred a benefit on those who had not disclosed their income earlier by affording them protection agains... | 0[ds]8. We are of the view that the submissions of the Revenue must be accepted. A plain reading of the provisions of the Scheme would show that the tax payable under the Scheme "shall be paid: within the time specified is the general rule provided in Section 66, namely, payment prior to the making of a declaration, th... | 0 | 3,242 | 884 | ### 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:
itself, there can be no manner of doubt that such statutory requirement must be interpreted as mandator... |
PRAVIN ELECTRICALS PVT. LTD Vs. GALAXY INFRA AND ENGINEERING PVT. LTD | S-16 attributed to M.G. Stephen, due to the reason that the model of both the sets of signatures are different, hence, technically not comparable. 23. Since, the CFSL did not express an opinion either way, it became incumbent upon the learned Single Judge to determine as to whether the Agreement dated 7th July, 2014 co... | 1[ds]12. The need for reference to any other case law is obviated by a recent Three-Judge Bench judgment in Vidya Drolia v. Durga Trading Corporation, (2021) 2 SCC 1. This Three-Judge Bench judgment arose out of a reference made to 3 learned Judges in Vidya Drolia v. Durga Trading Corporation, (2019) 20 SCC 406. Sanjiv... | 1 | 13,401 | 5,810 | ### 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:
S-16 attributed to M.G. Stephen, due to the reason that the model of both the sets of signatures are differe... |
District Red Cross Society Vs. Babita Arora | of closing down some of its branches or depots. Even if such closure may not amount to closure of business of the Company, the Tribunal has no power to issue orders directing a Company to reopen a closed depot or branch, if the Company, in fact, closes it down and that closure is genuine and real. The closure may be tr... | 1[ds]The position in law is, therefore, well settled that if the entire establishment of the employer is not closed down but only a unit or undertaking is closed down which has no functional integrity with other units or undertaking, the provisions of Section 25FFF of the Act will get attracted and the workmen are only... | 1 | 2,875 | 357 | ### Instruction:
Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding.
### Input:
of closing down some of its branches or depots. Even if such closure may not amount to closure of business of the Company,... |
Masum Hussain S/O Maqbool Hussain Vs. State of Madhya Pradesh and Others | Desai, J.1. One Masum Hussain (since deceased) was the successful bidder at a public auction for a stone quarry licence held on January 8, 1975. His bid at Rs. 11, 500 per annum for a period of three years, 1975 to 1978, was accepted by the Director of Geology and Mining, Madhya Pradesh. He executed an agreement on Apr... | 1[ds]2. Having heard learned counsel for the appellant as well as for the respondents, we are of the opinion that the order made by the Collector for recovery cannot be sustained and must be set aside. It is open to the Collector to proceed afresh in accordance with law.3. The Collector who started recovery proceedings... | 1 | 699 | 326 | ### 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:
Desai, J.1. One Masum Hussain (since deceased) was the successful bidder at a public auction for a stone quarry licence hel... |
Anil Kumar Chowdhury Vs. State Of Assam & Others | for the appointment of Shri Anil Kumar Choudhary and the determination of his seniority was sent for the first time by the Government of Assam under their No. AAI/56/64 dated 1st June, 1966, the Government of Assam had indicated that Shri Anil Kumar Choudhary was holding the non-cadre post of Additional District Magist... | 0[ds]10. We have no doubt that the petitioner has occupied responsible positions vis-a-vis cadre posts. Even so, the formal requirements of the rule just quoted are basic to his claim for adding special antecedent merit to pre-date his entry into the IAS. We may safely proceed on the facts affirmed in the counter-affid... | 0 | 2,786 | 490 | ### 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:
for the appointment of Shri Anil Kumar Choudhary and the determination of his seniority was sent ... |
Smt. Shanno Devi Vs. Mangal Sain | and has ignored important evidence which, it is said showed clearly that the respondent had no intention of residing permanently in India. In considering such an argument, it is proper for us to bear in mind the provisions of S. 116(B) of the Representation of the People Act which lays down that the decision of the Hig... | 0[ds]7. The extreme contention raised by Mr. Sastri on behalf of the appellant that migration under Art. 6 must take place after the territory of India came into existence under the Constitution cannot be accepted. It has to be noticed that Art. 6 deals with the question as to who shall be deemed to be a citizen of Ind... | 0 | 5,627 | 2,049 | ### 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:
and has ignored important evidence which, it is said showed clearly that the respondent had no intention of residing perma... |
Raj Bhongshi Prasad Vs. State of Assam | Sikri, J.1. Four persons were committed to the Court of Sessions and charged under Section 457, 380 and 411, I.P.C. They were committed by the Magistrate as he found that amount involved was large and he was not competent to award the required punishment. The prosecution case was that a burglary took place in the R.M.S... | 1[ds]We are unable to find any evidence on record to show that the accused received or retained the stolen property. Even if it be assumed to be relevant, there is no evidence that the bed-stead under which the suit case was found was his bed-stead. There is also no evidence that the suit case belonged to him. We have ... | 1 | 1,009 | 122 | ### 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:
Sikri, J.1. Four persons were committed to the Court of Sessions and charged under Section 457, 380 and 41... |
RAMNATH AND CO Vs. THE COMMISSIONER OF INCOME TAX | which were rendered from India. Therefore, the findings of the Appellate Authority and ITAT, being based on irrelevant considerations while ignoring the relevant aspects, were neither of binding nature nor could have been decisive of the matter. Hence, neither anything turns upon the submissions made on behalf of the a... | 0[ds]14.2. The aspect germane to the present case is that forerunner to the provision relating to deduction of tax on royalties etc., received from certain foreign companies, was Section 85-C in the Act of 1961, that was inserted by Act No.13 of 1966 w.e.f. 01.04.1966 and was placed in Chapter VII. The said Section 85-... | 0 | 31,483 | 5,449 | ### 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:
which were rendered from India. Therefore, the findings of the Appellate Authority and ITAT, being based on irrele... |
Commissioner Of Income-Tax (Central) Calcutta Vs. India Discount Co. Ltd | all liable to tax. The High Court thereafter addressed itself to the real issue between the parties ultimately held that the amount of Rs. 43,925 was not liable to tax. This appeal is brought on behalf of the Commissioner of Income-tax against the judgment of the High Court dated January 6, 1965 by a certificate grante... | 0[ds]3. It is manifest that dividends declared by Kedarnath Jute Manufacturing Co., between the years 1936 and 1945 were the property of the persons whose names stood on the share register on the relevant dates. When a company declares dividend the same can only be paid to the person who is then the registered holder. ... | 0 | 1,832 | 748 | ### 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:
all liable to tax. The High Court thereafter addressed itself to the real issue between the parties ultima... |
Durga Prasad Vs. Narayan Ramchandaani (D) Thr. Lrs | have been normally residing with the deceased tenant at the time of his/her death. The term used in the section is ‘heir’ which implies that not any of the family member residing with the tenant would succeed to the tenancy, but only the heirs of tenant normally residing with him/her. The words “normally residing with ... | 0[ds]10. In the present case, we are dealing with the case as to who would becomeon the death of Lalita. Hence, the definition ofis not relevant for the purposes of determining as to who would become tenant on the death of tenant Lalita. The only question falling for consideration is whether the appellant-brother of th... | 0 | 4,090 | 826 | ### 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:
have been normally residing with the deceased tenant at the time of his/her death. The term used in the section is ‘heir’ w... |
Munnilal Vs. State of M.P | Lalli was livng with Ramkishore. The appellant was having enmity on account of aforesaid incident. Deceased after eloping with Lalli was living in some other village and returned to his village a month before the incident. Ramkishore had gone to answer the call of nature in the evening on 30.11.1991 at about 4.30 p.m. ... | 1[ds]7. Section 34 has been enacted on the principle of joint liability in the doing of a criminal act. The Section is only a rule of evidence and does not create a substantive offence. The distinctive feature of the Section is the element of participation in action. The liability of one person for an offence committed... | 1 | 1,259 | 654 | ### Instruction:
Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages.
### Input:
Lalli was livng with Ramkishore. The appellant was having enmity on account of aforesaid incident. Decease... |
R. Kalyani Vs. Janak C. Mehta | to follow the statutory provisions and once there is a breach or contravention, such persons become liable to be punished. But for framing a charge for an offence under the Penal Code, the traditional rule of existence of mens rea is to be followed." In Hira Lal Hari Lal Bhagwati v. CBI, New Delhi [(2003) 5 SCC 257] , ... | 0[ds]27. If a person, thus, has to be proceeded with as being variously liable for the acts of the company, the company must be made an accused. In any event, it would be a fair thing to do so, as legal fiction is raised both against the Company as well as the person responsible for the acts of the Company.28. For the ... | 0 | 6,195 | 261 | ### 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:
to follow the statutory provisions and once there is a breach or contravention, such persons become liable to be punished... |
Surat Singh Vs. Kishori Lal & Ors | implies that the Mayor has the power to determine whether a person is validly nominated, and in determining whether he is validly nominated the Mayor has to consider not only whether the requirements of clauses (2) &(3) are complied with, but whether the candidate nominated is subject to any disqualification. In our ju... | 0[ds]Clauses (6), (7), (8), (9), (10) and (11) provide for the method of polling and the declaration of the result of the poll. But the Act and the rules contain no machinery for setting aside an election to the Delhi Developmentis common ground that the Delhi Corporation Act, 1957 and the rules framed by the Central G... | 0 | 2,079 | 807 | ### 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:
implies that the Mayor has the power to determine whether a person is validly nominated, and in determinin... |
K.B. Ramachandra Raj Urs(D) By Lrs Vs. State Of Karnataka | MUDA was in respect of the balance land i.e. about 40 acres. Of the said approximately 40 acres of land, according to the MUDA, about 16 acres and 30 guntas is presently vacant whereas there are encroachments on the remaining land. Though even on the land not allotted to respondent No. 28, no developmental work, in con... | 1[ds]25. Adverting to the facts of the present case, we find that out of the 94 acres and 28 guntas of land that was acquired way back in55 acres have been allotted to the respondent No. 28. The layout proposed by MUDA was in respect of the balance land i.e. about 40 acres. Of the said approximately 40 acres of land, a... | 1 | 6,901 | 1,127 | ### 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:
MUDA was in respect of the balance land i.e. about 40 acres. Of the said approximately 40 acres of land... |
Balbir Kaur & Others Vs. New India Assurance Company Ltd. & Others | of the Indian Penal Code.4. The Tribunal upon considering the materials brought on record by the parties awarded a sum of Rs. 7,96,000/- to the appellants. Respondent No. 1 preferred an appeal there against before the High Court. By reason of the impugned judgment, the High Court set aside the award passed by the Tribu... | 1[ds]12. Section 64 VB of the Insurance Act, 1938 merely provides that no insurer shall assume any risk in India in respect of any insurance business on which premium is not ordinarily payable outside India unless and until the premium payable is received by him or is guaranteed to be paid by such persons in such manne... | 1 | 1,324 | 271 | ### Instruction:
Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding.
### Input:
of the Indian Penal Code.4. The Tribunal upon considering the materials brought on record by the parties awarded a sum of ... |
ANAPURNA JAISWAL Vs. INDIAN OIL CORPORATION LTD. AND ORS | if he did not do so the only remedy of the transferee would be to sue for specific performance of the contract to transfer. 12. Section 105 specifically deals with lease of immovable property, and it reads as follows: - 105. Lease defined- A lease of immovable property is a transfer of a right to enjoy such property, m... | 0[ds]8. The appellant undoubtedly secured 85.93 marks. A part of the 85.93 marks is attributable to 35 marks which she derived on the basis of her being a lessee under lease deed dated 08.11.2011 which we have adverted to.10. However, this is not to be the end of the inquiry. The requirement under the clause is that to... | 0 | 2,564 | 1,228 | ### 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:
if he did not do so the only remedy of the transferee would be to sue for specific performance of the contract to transfer... |
National Radio Corporation Vs. Their Workmen | the appellant to post back the said eight workmen to the factory at Moti Nagar, Najafgarh Road, and allow them to work in their respective posts as before. It is against this award that the appellant has come to this Court by special leave.8. Mr. Rameshwar Nath for the appellant argued that the principal point on which... | 0[ds]We do not propose to decide this point in the present appeal because, in our opinion, the other finding recorded by the tribunal that the impugned transfers amount to victimization is enough to dispose of the present appeal. We are, therefore, not expressing any opinion of the correctness or the validity of the co... | 0 | 2,060 | 905 | ### Instruction:
Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding.
### Input:
the appellant to post back the said eight workmen to the factory at Moti Nagar, Najafgarh Road, and allow them to work in ... |
Shimnit Utsch India Pvt. Ltd. & Another Vs. West Bengal Transport Infrastructure Development Corporation Ltd. & Others | feel it would be in the interest of all concerned if the States and Union Territories take definite decision as to whether there is need for giving effect to the amended Rule 50 and the scheme of HSRP and the modalities to be followed. It was further observed that while taking the decision, the aspects highlighted by t... | 0[ds]46. In the light of the afore-noticed legal position, we shall now examine whether judicial intervention is called for in NIT issued by the State of West Bengal and State of Orissa for manufacture and supply of HSRP. Insofar as State of West Bengal is concerned, the first NIT was issued in the month of July, 2003 ... | 0 | 11,186 | 2,744 | ### 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:
feel it would be in the interest of all concerned if the States and Union Territories take definite d... |
Citric India Limited Vs. Union of India | number of pending appeal. Shri Pochkhanwala submitted that the claim that appeal is pending in the supreme Court is entirely incorrect because during last seven years the petitioners had never received any notice from the Supreme Court and it is inconceivable that the appeal lodged in the year 1985 would remain pending... | 1[ds]In spite of diligent search made by the learned counsel with the assistance of the officers of the Central excise, to trace can be found of any pendency of appeal against the order of the Tribunal. In these circumstances were proceed on the basis that either appeal which is alleged to have been filed in the Suprem... | 1 | 2,726 | 758 | ### 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:
number of pending appeal. Shri Pochkhanwala submitted that the claim that appeal is pending in the supreme ... |
Kishan Singh Vs. Financial Commissioner, Haryana and Others | that this copy of the petition is dated November 4, 1965, while the Commissioners order states that the Review Petition was filed before the Collector by the appellant in 1967. However, a copy of the Collectors order dated June 5, 1962 is on the file. It is recited therein by the Collector that Kishan Singh was duly se... | 0[ds]19. Be that as it may, it seems that even in Revision before the Commissioner, the petitioner did not give the survey numbers or particulars of the land which was alleged to be banjar qadim and ghair mumkin rasta. He simply said that more than 20 acres was banjar qadim and ghair mumkin rasta and, as such, it did n... | 0 | 1,793 | 273 | ### 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:
that this copy of the petition is dated November 4, 1965, while the Commissioners order states that the Rev... |
C.R. Nagappa Vs. Commissioner of Income Tax, Mysore | concern with what the guardians did with the profits after they had paid the tax on the income from the business; or it was open to the department to proceed against the guardians under Section 41 and to tax in their hands only that income which they bad received on behalf of the minors".It was apparently assumed that ... | 0[ds]It is implicit in the terms of(1) that theOfficer may assess a representative assessee as regards income in respect of which he is a representative assessee, but he is not bound to do so. He may assess either the representative assessee or the person represented byhim.6.The contention raised by Counsel for Nagappa... | 0 | 3,376 | 834 | ### 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:
concern with what the guardians did with the profits after they had paid the tax on the income from the business;... |
NARENDER KUMAR Vs. UNION OF INDIA | to whom the provisions of this Act apply may be determined with reference to any facts, circumstances or events (including any conviction or detention) which occurred or took place before the commencement of this Act." 21. An order of detention under Section 3(1) of COFEPOSA can be made against a person with a view to ... | 0[ds]19. Question No.2 framed in Amratlal Conservation of Foreign Exchange and Prevention of Smuggling Activities (Amendment) Act (35 of 1975) related to cases where orders of detention under Section 3 read with Section 12A of COFEPOSA were made during the period of Emergency proclaimed under Article 352(1) of the Cons... | 0 | 8,220 | 1,622 | ### Instruction:
First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document.
### Input:
to whom the provisions of this Act apply may be determined with reference to any facts, circumstances or events (including ... |
Zoroastrian Co-operative Housing Society Limited and Anr Vs. District Registrar Co-operative Societies and Ors | respondent No.3 as a member in the Society is that the bye-law confining membership to a person belonging to the Parsi community and the insistence on respondent No.2 selling the building or the flats therein only to members of the Parsi community who alone are qualified to be members of the Society, would amount to an... | 1[ds]17. It appears to us that unless appropriate amendments are brought to the various Cooperative Societies Acts incorporating a policy that no society shall be formed or if formed, membership in no society shall be confined to persons of a particular persuasion, religion, belief or region, it could not be said that ... | 1 | 14,728 | 1,925 | ### 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:
respondent No.3 as a member in the Society is that the bye-law confining membership to a person belonging to the ... |
Hans Raj Vs. Rattan Chand, Etc | 1941 Mad 75 , the expression "proceedings under S. 4" had been used while in Heerabai v. Official Receiver, Krishna, AIR 1963 Andh Pra 296, the petitioner before the High Court, mother of the two insolvents, laid a claim to 1/3rd share in the properties which the Official Receiver sold on 16th April 1960 purporting to ... | 0[ds]5. It will be noted from the above that S. 4. sub-s. (1) lays down the ambit of the powers of the court exercising insolvency jurisdiction. Its primary object is to empower such courts to decide all questions whether of title or priority or of any nature whatsoever and whether involving matters of law or fact whic... | 0 | 5,409 | 1,505 | ### 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:
1941 Mad 75 , the expression "proceedings under S. 4" had been used while in Heerabai v. Official... |
State of Bombay Vs. Bhanji Munji & Another | informers by giving them the vacancies they were instrumental in discovering. This, it was hoped, would show landlords and tenants that suppression did not pay and so they might as well obey the law, and that in turn, would enable Government to benefit the only privileged class of persons it had any real intention of b... | 1[ds]6. In our opinion, Article 19(1) (f) does not apply to them.of West Bengal v. Subodh Gopal Bose, AIR 1954 SC 92 (A) andDwarkadas Shrinivas of Bombay v. Sholapur Spinning and Weaving Co. Ltd., AIR 1954 SC l19 (B), the majority of the Judges were agreed that Articles 19(1)(f) and 31 deal with different subjects and... | 1 | 3,431 | 1,208 | ### 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:
informers by giving them the vacancies they were instrumental in discovering. This, it was hoped, would sho... |
Union Of India Vs. Major General Shri Kant Sharma | be unnecessary for the aggrieved party to approach this Court for a leave to file such an appeal. An appeal by certificate would then be maintainable as a matter of right in view of Section 30 which uses the expression “an appeal shall lie to the Supreme Court”. That appears to us to be the true legal position on a pla... | 1[ds]12. A plain reading of the above provisionsA remedy of appeal to Supreme Court against any final order passed by the Tribunal under Section 30 with the leave of the Tribunal is provided under Section 31 of the Act.ii In case leave is refused by the Tribunal, an application to the Supreme Court for leave can be mad... | 1 | 13,274 | 494 | ### 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:
be unnecessary for the aggrieved party to approach this Court for a leave to file such an appeal. An appeal by certificate ... |
Kapur Chand Jain Vs. B. S. Grewal & Others | *(v) * * * *(vi) * * * *(vii) * * * *Explanation :- For the purposes of cl. (iii), a tenant shall be deemed to be in arrears of rent at the commencement of this Act, only if the payment of arrears is not made by the tenant within a period of two months from the date of notice of the execution of decree or order, direct... | 0[ds]In our opinion, the conduct of the tenant prior to the coming into form of the new section can be taken into account. No doubt a statute must be applied prospectively. But a statute is not applied retrospectively because a part of the requisites for its action is drawn from a moment of time prior to its passing. T... | 0 | 2,445 | 537 | ### 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:
*(v) * * * *(vi) * * * *(vii) * * * *Explanation :- For the purposes of cl. (iii), a tenant shall be ... |
Voltas Ltd Vs. Its Workmen | what the exact position was in the matter of free service to such goods. The learned counsel however could not agree as to what was the exact position. It seems to us that if these goods are also serviced free or for charges but in the same way as other goods sold by the appellant in India, the respondents are entitled... | 0[ds]It is urged that this is a permissible item of expense and therefore the tribunal should not have added it back in arriving at the gross profits. We are of opinion that the tribunal was right in not allowing this amount as expenditure. In effect this payment is no different from any amount given in charity by an e... | 0 | 2,192 | 679 | ### 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:
what the exact position was in the matter of free service to such goods. The learned counsel however co... |
Municipal Corporation, Faridabad Vs. Nitco Roadways | S.P.BHARUCHA(1) The order under appeal was passed by a division bench of the High Court of Punjab and Haryana rejecting, summarily, the writ petition filed by the present appellant in these circumstances:(2) The appellant is the municipal corporation of Faridabad. The first respondent is a trucking company. On 24/05/19... | 1[ds](4) In our view, there was no warrant for the appeal by the first respondent to the commissioner, Gurgaon, and no warrant for the order thereon, having regard to the fact that the first respondent admitted that its truck had penetrated into the municipal limits of the appellants without the payment of octroi and i... | 1 | 762 | 156 | ### 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:
S.P.BHARUCHA(1) The order under appeal was passed by a division bench of the High Court of Punjab and... |
Rajal Das Guru Namal Pamanani Vs. The State Of Maharashtra | shall not be deemed to have committed an offence pertaining to the sale of any adulterated or mis-branded article of food if he proves (a) that he purchased the article of food- (i) in a case where a licence is prescribed for the sale thereof, from a duly licensed manufacturer, distributor or dealer; (ii) in any other ... | 1[ds]Rule 12A contains a proviso that no warranty in such form (meaning form VI-A) shall be necessary if the label on the article of food or the cash memo delivered by the trader to the vendor in respect of that article contains a warranty certifying that the food contained in the package or container or mentioned in t... | 1 | 1,718 | 495 | ### 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:
shall not be deemed to have committed an offence pertaining to the sale of any adulterated or mis-branded article... |
Chandigarh Administration Vs. Laxman Roller Flour Mills Private Limited | 1. Delay condoned. 2. Leave granted. 3. Plot No. 182/12, Industrial Area, Chandigarh was allotted to one M/s Khushal Furnishing and Carpeting Company. The allottee was required to construct building on the said plot of land and obtain an occupation certificate within one year from the date of allotment. Subsequently, t... | 1[ds]4. A perusal of the relief extracted above shows that the writt never asked for any relief in the writ petition commanding the Chandigarh Administration to issue completion certificate in its favour. Learned counsel for the respondent frankly stated that there is no allegation in the writ petition to the effect th... | 1 | 597 | 185 | ### 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:
1. Delay condoned. 2. Leave granted. 3. Plot No. 182/12, Industrial Area, Chandigarh was allotted to ... |
Aravali Power Company Pvt. Ltd Vs. M/S. Era Infra Engineering Ltd | thus the Court would be within its powers to appoint such arbitrator(s) as may be permissible. Paragraph 18 sums up this aspect of the matter:-"18. Keeping in mind the afore-quoted recommendation of the Law Commission, with which spirit, Section 12 has been amended by the Amendment Act, 2015, it is manifest that the ma... | 1[ds]17. The fact that the named arbitrator happens to be an employee of one of the parties to the Arbitration Agreement has not by itself, before the Amendment Act came into force, rendered such appointment invalid andthe present case, the Arbitrator undoubtedly is an employee of the Appellant but so long as there is ... | 1 | 9,481 | 421 | ### 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:
thus the Court would be within its powers to appoint such arbitrator(s) as may be permissible. Paragraph 18 s... |
ROHITH THAMMANA GOWDA Vs. STATE OF KARNATAKA & ORS | can be ascertained through interaction, but then, the question as to what would be the best interest of the child is a matter to be decided by the court taking into account all the relevant circumstances. A careful scrutiny of the impugned judgment would, however, reveal that even after identifying the said question ri... | 1[ds]8. At the outset we may state that in a matter involving the question of custody of a child it has to be borne in mind that the question what is the wish/desire of the child is different and distinct from the question what would be in the best interest of the child. Certainly, the wish/desire of the child can be a... | 1 | 3,930 | 2,500 | ### 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:
can be ascertained through interaction, but then, the question as to what would be the best interest of the c... |
Gurbax Rai and Others Vs. Punjab National Bank, New Delhi | figure of the decretal amount the trial court took notice of the fact that in the suit filed by the Bank against the firm there were specific issues being issues Nos. 8, 9 and 10 about the liability of the Bank to account for the pledged goods and to give credit for the amount received from the insurer and the findings... | 1[ds]9. It also appears that the Bank has not given credit for the aforementioned amount in the cash credit account. Therefore, there was no. question of the amount of Rs. 3, 90, 936/taking care of the amount of Rs. 59, 570/2/though the amount was already recovered by the Bank10. While granting special leave in this ca... | 1 | 1,580 | 390 | ### 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:
figure of the decretal amount the trial court took notice of the fact that in the suit filed by the Bank against the firm... |
M/s. Prestolite (India) Limited Vs. Regional Director and Another | stated to have been taken into consideration by the Regional Director and the same was dismissed by making the order to the following effect"I have applied my mind to all the relevant facts and have gone into the reasons stated by the employer. My findings on each of the contentions of the establishment are as underThe... | 1[ds]5. It however appears to us that the contention of Mr Goswami in the facts of the case should not be accepted. Even if the regulations have prescribed general guidelines and the upper limits at which the imposition of damages can be made it cannot be contended that in no case, the mitigating circumstances can be t... | 1 | 1,465 | 190 | ### 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:
stated to have been taken into consideration by the Regional Director and the same was dismissed by making the order to th... |
Commissioner of Income Tax, Madras Vs. S. Nelliappan (Deceased By His Legal Representatives) | and lorry cases could not be said to be excessive or unreasonable ". The Tribunal declined to deal with the contentions raised in the appeal about the individual items since in their view those contentions had " a direct bearing on this final quantum " and the assessees had failed to discharge " the primary onus " on t... | 0[ds]In hearing an appeal the Tribunal may give leave to the assessee to urge grounds not set forth in the memorandum of appeal, and in deciding the appeal the Tribunal is not restricted to the grounds set forth in the memorandum of appeal or taken by leave of the Tribunal. The Tribunal was, therefore, competent to all... | 0 | 1,250 | 332 | ### 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:
and lorry cases could not be said to be excessive or unreasonable ". The Tribunal declined to deal with the contentions ra... |
SHAMSHER SINGH & ANR Vs. LT. COL. NAHAR SINGH (D) THR. LRS. & ORS | 97 of the Code and the other provisions in the said order, the aims and objects for introducing amendment to the Code cannot be lost sight of. Under the unamended Code, third parties adversely affected or dispossessed from the property involved, were required to file independent suits for claiming title and possession.... | 1[ds]7. There is no dispute between the parties that the premises in question was originally owned by one Tarapada Dutta.8. In the application, which was filed by respondent No.1 for putting him back into possession under Order XXI Rules 98, 99 and 100 CPC, the respondent No.1 has claimed his possession since 1965 afte... | 1 | 6,706 | 1,033 | ### 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:
97 of the Code and the other provisions in the said order, the aims and objects for introducing amendment to the Code cann... |
The Regional Provident Fundcommissioner, Bombay Vs. Shree Krishna Metal Manufacturingco., Bhandara | only. If the answer to this question is that the said product is sent out in the market for sale, then the activity in question cannot be treated as incidental. In such a case, it may be said that the factory is engaged in both the activities and as such, it is engaged in the industry specified in Schedule I. But the t... | 0[ds]It is only factories which are exclusively engaged in any industry specified in Schedule I to which the Act applies, provided of course, they satisfy the other test that there are 50 or more persons employed in them. This argument is based on the fact that when the Act was originally passed in March, 1952, the Leg... | 0 | 5,277 | 2,778 | ### 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:
only. If the answer to this question is that the said product is sent out in the market for sale, then the a... |
Indian Bank Vs. Godhara Nagrik Cooperative Credit Society Ltd. and Ors. | . We, however, do not think that facts involved in each case and the law laid down therein need to be discussed at length as there does not exist any dispute in regard to basic principles laid down therein. In Hyderabad Commercials v. Indian Bank and Ors. AIR1991SC247 , this Court held: Since the basic facts regarding ... | 1[ds]The propositions of law which are undisputed are:i) Writ Petitions against the banks being `State within the meaning of Article 12 of the Constitution of India were maintainable;ii) Writ Petitions involving serious disputed questions of fact, ordinarily should not be entertained although the High Court in some cas... | 1 | 6,082 | 2,189 | ### 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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. We, however, do not think that facts involved in each case and the law laid down therein need to be discussed at length... |
Mintu Bhakta Vs. State of West Bengal | arrested on August 31, 1971 and detained in jail. At the time of the arrest he was served with the grounds for his detention. on August 19, 1971, the District Magistrate reported the petitioners case to the State Government and the State Government approved of the said order on August 24, 1971. On September 21, 1971, t... | 1[ds]Ground No. 2 runs as follows :"On June 28, 1971 at about 19.30 hours you and some of your associates being armed with deadly weapons raided the houses of Jitendra Nath Ghosh and Bankim Chandra Dutta both of Natun Bazar, P. S. Bashirhat and forcibly snatched away their D. B. guns after putting the inmates of the ho... | 1 | 1,278 | 819 | ### Instruction:
Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation.
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arrested on August 31, 1971 and detained in jail. At the time of the arrest he was served with the grounds f... |
Commr.Of Income Central-Ii Vs. Suresh N.Gupta | prescribed in the Finance Act, 2001, but he cannot claim that the amount of income-tax so determined should not be increased by addition of the surcharge. Therefore, in our opinion, the AO has rightly imposed surcharge at 17% on the undisclosed income of the assessee in this case, particularly when the search was carri... | 1[ds]23. As stated above, Section 158BA(2) read with Section 4 of the 1961 Act looks at Section 113 for the imposition rate at which tax has to be imposed in the case of block assessment. That rate is 60%. That rate is fixed by the 1961 Act itself. That rate has been stipulated by Parliament not with a view to oust the... | 1 | 8,410 | 1,050 | ### 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:
prescribed in the Finance Act, 2001, but he cannot claim that the amount of income-tax so determined should ... |
Titaghur Paper Mills Company Limited and Another Vs. State of Orissa and Others | it confirmed what ex facie was a nullity for reasons aforementioned.We find no justification for extending the principles laid down in Mohammad Nooh case, to a case like the present where there is an assessment made by the learned Sales Tax Officer under the Act. In Raleigh Investment Company case, the Privy Council ri... | 0[ds]10. The decision in Mohammad Nooh case, is clearly distinguishable as in that case there was total lack of jurisdiction. There is no suggestion that the learned Sales Tax Officer had no jurisdiction to make an assessment. Nor can it be contended that he had acted in breach of rules of natural justice. There is no ... | 0 | 3,878 | 990 | ### 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:
it confirmed what ex facie was a nullity for reasons aforementioned.We find no justification for extending the principles ... |
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