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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Durga Shankar Mehta Vs. Thakur Raghuraj Singh And Others | face of the nomination paper or of the electoral roll, but is a matter which could be established only by evidence, an enquiry at the stage of scrutiny of the nomination papers is required under the Act only if there is any objection to the nomination. The Returning Officer is then bound to make such enquiry as he thin... | 1[ds]4. These arguments, though apparently attractive, appear to us on closer examination to be untenable. We agree with the learned counsel that the right of seeking election and sitting in Parliament or in a State Legislature is a creature of the Constitution and when the Constitution provides a special remedy for en... | 1 | 4,360 | 1,350 | ### 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:
face of the nomination paper or of the electoral roll, but is a matter which could be established only by evidence, an en... |
M/S Shreenath Motors Private Limited Vs. Commissioner of Income Tax-V, Mumbai | which would justify that conclusion it being for them to find the evidence and to give the finding then it will become an admissible deduction. The decision of such questions is for the Tribunal and the decision must be sustained if there is evidence upon which the Tribunal could have arrived at such a conclusion. Anot... | 0[ds]we have perused the Memo of Appeal and the Annexures thereto as well as the orders passed by the Assessing Officer, CIT(Appeals) and the ITAT. The Assessing officer, in his order dated 31st December, 2007 passed under section 143(3) of the Act found that Mr Krishna Kachalia, who was 26 years old, had completed his... | 0 | 4,546 | 2,117 | ### 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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which would justify that conclusion it being for them to find the evidence and to give the finding then it will become an a... |
T. S. Srinivasan Vs. Commissioner Of Income Tax, Madras | mainly spiritual benefit to the father and the power to adopt is conferred on him to achieve that object. The doctrine evolved wholly for a secular purpose would be inappropriate to a case of adoption. We should be very reluctant to extend it to adoption, as it would lead to many anomalies and in some events defeat the... | 0[ds]10. Apart from the difficulty of reconciling this doctrine with the scheme of the Act, Mr. Sastri has not been able to satisfy us that any rights of the son are being affected by not recognising his existence for the purposes of S. 3 of the Act till he is actually born. Income-tax is a liability and it could not h... | 0 | 2,101 | 281 | ### 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:
mainly spiritual benefit to the father and the power to adopt is conferred on him to achieve that obj... |
Pomal Kanji Govindji and Ors Vs. Vrajlal Karsandas Purohit and Ors | no specific authority in the lease which stated that the lease would continue beyond the period of mortgage. There is no extended authority as contemplated in Jadavji Purshottams case found in this case. The submission was that the matter should be considered by a larger Bench in the light of the Jadavji Purshottams ca... | 0[ds]25. Whether in the facts and the circumstances of these cases, the mortgage transaction amounted to clog on the equity of redemption, is a mixed question of law and fact. Courts do not look with favour any clause or stipulation which clogs equity of redemption. A clog on the equity of redemption is unjust and uneq... | 0 | 16,627 | 6,742 | ### 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:
no specific authority in the lease which stated that the lease would continue beyond the period of mortgage. There is no e... |
R.L. Butail Vs. Union of India and Others | such authority must take necessary action to serve three months notice in terms of cl. (j) of F. R. 56. That the requisite notice in terms of cl. (i) of F.R. 56 was served on the appellant is not in dispute. In Union of India v. Col. J. N. Sinha ([1971] 1 S.C.R. 791.) this Court stated that F. R. 56(j) in express terms... | 0[ds]Further, the rules do not provide for nor require an opportunity to be heard before any adverse entry is made. The contention that an enquiry would be necessary before an adverse entry is made suffers from a misapprehension that such an entry amounts to the penalty of censure set out in r. 1 1 of the Central Civil... | 0 | 7,839 | 2,159 | ### 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:
such authority must take necessary action to serve three months notice in terms of cl. (j) of F. R. 56. That the requisite ... |
Union Of India Vs. K.P. Singh | 6th Pay Commission has not expressly recommended application of DACP Scheme to Commissioned Officers in AMC Cadre, as can be discerned from the said report itself. While it has limited that recommendation to civilian employees it has not done so to doctors generally.13. Reverting to the decision of the Tribunal in the ... | 1[ds]10. The moot question for our consideration is: whetherthe medical doctors serving as Commissioned Officers in Armed Forces are covered by the Ministry ofResolution dated 30th August 2008 or Ministry ofResolution dated 29th August 2008?t issue is conclusively answered by the Tribunal in Col.case (supra)? The decis... | 1 | 8,378 | 1,923 | ### 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:
6th Pay Commission has not expressly recommended application of DACP Scheme to Commissioned Officers in AMC Cadre, as can be... |
Vasant Rao And Another Vs. Shyamrao And Ors | of more than seven members, any action for the winding up such a partnership must be in accordance with the procedure prescribed for that purpose in the Companies A ct, and the suit instituted in the court of the Senior Civil Judge was not maintainable. Part X of the Companies Act includes sections 582 to 590. Section ... | 0[ds]It is not necessary to refer in any great detail to these sub-sections except to point out that sub-section (4) mentions the circumstances in which an unregistered company may be wound up, and one of the circumstances is that the company has been dissolved. It may also be stated that under subsection (3) no unregi... | 0 | 1,355 | 759 | ### 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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of more than seven members, any action for the winding up such a partnership must be in accordance with the ... |
National Organic Chemical Industries Limited Vs. State of Maharashtra & Others | law in this regard at great length. At the cost of repetition we may notice that these are unquestionable propositions of law. It is only their application to the facts of a given case that would resolve the controversy. The Government has formed an opinion and has made a reference satisfying itself that there is an in... | 0[ds]39. In support of its contention that there existed no industrial dispute at the time of reference, the petitioner referred to the receipt dated 15th December 1998 executed in favour of M/s Sadanand Caterers allegedly by the workmen stating that they had received a sum of Rs.2910/being retrenchment compensation an... | 0 | 13,279 | 1,365 | ### 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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law in this regard at great length. At the cost of repetition we may notice that these are unquestionable pro... |
Uttar Pradesh Co-Operative Federation & Another Vs. State of Uttar Pradesh & Others | meeting remove or expel a member, Rule 59 states that no resolution for removal or expulsion shall be effective unless it is carried by a majority of two thirds of the members present and voting. Rule 63 states that a member of the co-operative society shall cease to be a member inter alia on his removal or expulsion f... | 1[ds]12. It is not necessary to express any opinion on the first three contentions because in our opinion the fourth contention succeeds.The Saharanpur District Co-operative Federation never ceased to be a member. There has been no removal or expulsion. If the Saharanpur District Co-operative Federation is still a memb... | 1 | 3,511 | 513 | ### 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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meeting remove or expel a member, Rule 59 states that no resolution for removal or expulsion shall be e... |
Sat Pal Vs. State of Haryana | Fazal Ali, J. This appeal by special leave is directed against the judgment of the Punjab and Haryana High Court dated March 24, 1972 by which a revision petition of the accused who was convicted under Section 7 of the Essential commodities Act, was dismissed an a plea raised by the present appellant that the order of ... | 1[ds]We have considered this argument but in view of the findings of fact arrived by the Courts below, it is established beyond doubt that the truck belonging to the appellant was seized on theborder when it wanted to cross the border and enter the Delhi border. Thus a clear attempt to export the fodder to Delhi was pr... | 1 | 909 | 398 | ### Instruction:
Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences.
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Fazal Ali, J. This appeal by special leave is directed against the judgment of the Punjab and Haryana High Court dated Mar... |
M/S GENENTECH INC Vs. DRUGS CONTROLLER GENERAL OF INDIA | with Biocon and Mylan. The Division Bench felt that respondent no.3 is on similar footing as Biocon and Mylan and therefore parity in marketing of their respective biosimilar product can be allowed. 18. In their challenge to the impugned order, the appellants have contended that in passing the impugned order, the Divis... | 1[ds]17. As permitted by the interim order dated 25.4.2016, the respondent no.3 launched their bio similar product TrastuRel and they have been in the market with their drug for the last about three and a half years. They have also participated in Government tenders and when certain doubts were raised on whether the dr... | 1 | 4,530 | 1,087 | ### 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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with Biocon and Mylan. The Division Bench felt that respondent no.3 is on similar footing as Biocon and Mylan and therefo... |
The Transmission Corporation of A.P. Ltd Vs. Commissioner of Income Tax, A.P | of this Act would mean sum on which income-tax is leviable. In other words, the said sum is chargeable to tax and could be assessed to tax under the Act. Consideration would be whether payment of sum to non-resident is chargeable to tax under the provisions of the Act or not ? That sum may be income or income hidden or... | 0[ds]n (1), (2) and (3) of Section 195 and Section 197 leaves no doubt that the expression any other sum chargeable under the provisions of this Act would mean sum on whichx is leviable. In other words, the said sum is chargeable to tax and could be assessed to tax under the Act. Consideration would be whether payment ... | 0 | 4,335 | 1,130 | ### Instruction:
Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding.
### Input:
of this Act would mean sum on which income-tax is leviable. In other words, the said sum is chargeable to tax and ... |
World Wide Agencies Pvt. Ltd. And Anr Vs. Mrs. Margarat T. Desor And Ors | of the matter, it is not necessary for the present purpose to examine this question from the angle in which the learned Single Judge of the Calcutta High Court analysed the position in the case of Kedar Nath Agarwal v. Jay Engineering Works Ltd. and Ors. [1963 (33) Company Cases 102], to which our attention was drawn. ... | 0[ds]We are of the opinion that averments which a petitioner would have to make to invoke the jurisdiction of Sections 397 and 398 of the Act are not destructive of the averments which are required to be made in a case for winding up under Section 433(f) on the just and equitable ground, though they may appear to be ra... | 0 | 6,514 | 2,264 | ### Instruction:
Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation.
### Input:
of the matter, it is not necessary for the present purpose to examine this question from the angle in which ... |
Gagan Harsh Sharma & Another Vs. The State of Maharashtra & Another | the Judges and can give little guidance for future decisions. A more serious consequence is the fact that a decision in one case that two offences are substantially the same may compel the same result in another case involving the same two offences where the circumstances may be such that a second prosecution should be... | 1[ds]We are inclined to think so as it is a special provision for a specific purpose and the Act has to be given effect to so as to make the protection effective and true to the legislative intent. This is the mandate behind Section 81 of the IT Act. The additional protection granted by the IT Act would apply.In view o... | 1 | 10,355 | 1,166 | ### 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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the Judges and can give little guidance for future decisions. A more serious consequence is the fact that ... |
Central Provinces Transport Services Ltd Vs. Raghunath Gopal Patwardhan | No.14 of 1947, and it was held by Bhargava J., that an industrial dispute could come into existence even if the parties thereto were only the employer and a single employee and that the reference and the award were, inconsequence, valid. A similar decision was given by a. Full Bench of the Labour Appellate Tribunal inS... | 1[ds]It is not disputed that a question of reinstatement is an industrial matter as defined in S. 2 (13) of the ActWe do not see any force in either of these contentions. Section 2 (12) and S. 2 (13) of the Act are substantially inpari materiawith S. 2 (k) of Act No. 14 of 1947, and the ratio of the decision in 1949 F ... | 1 | 3,719 | 778 | ### 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:
No.14 of 1947, and it was held by Bhargava J., that an industrial dispute could come into existence eve... |
Rikhabdas Vs. Ballabhdas And Others | say, finds the statement of some erroneous legal proposition which is the basis of the award, it can remit the award to the arbitrator for reconsideration and Want of registration is a defect de hors the award or the decision of the arbitrator, and so in our judgment is not covered by cl. (a) of S. 16 (1), Arbitration ... | 1[ds]We think that the Division Bench of the High Court was clearly in error. Under S. 16 of the Arbitration Act an award can be remitted to the arbitrators only for reconsideration. When it is remitted for rewriting it on a stamped paper, it is not remitted for reconsideration. Reconsideration by the arbitrators neces... | 1 | 2,090 | 559 | ### Instruction:
Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding.
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say, finds the statement of some erroneous legal proposition which is the basis of the award, it can remit the awa... |
M/S. Brakewel Automotive Components (India) Pvt. Ltd Vs. P.R. Selvam Alagappan | the execution of the decree is neither on behalf of M/s. Kargaappa Auto Products/M/s. Karpaga Auto Products nor its proprietress, his wife contending that the decree is neither binding on the firm nor on her. For all practical purposes, the said firm is still being represented by the respondent in the subsisting procee... | 1[ds]18. The materials on record and the arguments based thereon have received our due consideration. To recapitulate, the plaint discloses that the respondent had represented before the appellant to be authorised to act on behalf of both the firms and in that capacity had participated in the transactions that followed... | 1 | 3,452 | 748 | ### Instruction:
Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences.
### Input:
the execution of the decree is neither on behalf of M/s. Kargaappa Auto Products/M/s. Karpaga Auto Products nor its propri... |
THE SECRETARY, MOC, NEW DELHI-1 Vs. M/S VINOD AND COMPANY | 2(o) has defined the expression service to mean a service of any description. The issue essentially is whether in formulating the Exim policy and in providing a regulatory regime, the government performs a service of any description. 20. Since in the present case the relevant Exim policy is for the period from April 19... | 1[ds]22. The objects of the policy are essentially to stimulate industrial growth by providing easy access to imported capital goods, raw materials and components, to substitute imports and promote self-reliance and to provide an impetus to exports by improving the quality of incentives. The Exim policy is an incident ... | 1 | 2,611 | 489 | ### 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:
2(o) has defined the expression service to mean a service of any description. The issue essentially is wheth... |
Commissioner of Income-tax Kerala Vs. Helen Rubber Industries Limited | that part of the section does not apply to the assessee Companys case. What was thus claimed was the benefit of the earlier part, where the loss was allowed to be carried forward for six years.6. This position taken by the assessee Company can hardly be considered in view of the provisions of S. 32 of the Travancore Ac... | 1[ds]8. The critical words are those contained in the latter part, namely, "in the same manner, to the same extent, and up to the same year of assessment, as it would have been set off had the State law continued to be in force." They show that the law to apply to the loss of "any previous year prior to the previous ye... | 1 | 2,318 | 447 | ### 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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that part of the section does not apply to the assessee Companys case. What was thus claimed was the be... |
Madan Mohan Bhakat Vs. State of West Bengal and Ors | prescribed purpose, the Additional District Magistrate issued a notice to the aforesaid five persons on 31st March, 1975.6. The admitted position is that the notice was received by Chinmoy Marjit. The dispute is whether it was received by Chinmoy Marjit for himself or on behalf of himself and his brothers.7. In any eve... | 1[ds]17. In our opinion, there is no substance in the contention on behalf of the Marjit brothers and the Respondents who are the subsequent purchasers. There is nothing in the West Bengal Land Reforms Act, 1955 or the Rules framed thereunder which requires that the notice dated 31st March, 1975 should have been served... | 1 | 1,240 | 212 | ### Instruction:
Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document.
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prescribed purpose, the Additional District Magistrate issued a notice to the aforesaid five persons on... |
Babu Ram Prakash Chandra Maheshwari Vs. Antarim Zila Parishad Muzaffar Nagar | issue a prerogative writ. It is true that the existence of a statutory remedy does not affect the jurisdiction of the High Court to issue a writ. But, as observed by this Court in Rashid Ahmed v. Municipal Board, Kairana, 1950 SCR 566 = (AIR 1950 SC 163 ), "the existence of an adequate legal remedy is a thing to be tak... | 1[ds]3. It is a well-established proposition of law that when an alternative and equally efficacious remedy is open to a litigant he should be required to pursue that remedy and not to invoke the special jurisdiction of the High Court to issue a prerogative writ. It is true that the existence of a statutory remedy does... | 1 | 2,506 | 390 | ### 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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issue a prerogative writ. It is true that the existence of a statutory remedy does not affect the juris... |
Arjun Prasad Vs. Shantilal Shankarlal Shah And Others(And Connected Appeal) | binding on all the creditors or the class of creditors, or on all members or class of members, as the case may be and also on the company, or, in the case of a company in the course of being wound up, on the liquidator and contributories of the Company." 8. The agreement has to be of a majority in number representing t... | 0[ds]It therefore could not be disputed and was not disputed that an appeal did lie from the order made by the Company Judge on 6th October 1953The "Court" here cannot but mean the Court exercising original jurisdiction. When the Company Judge exercises the jurisdiction he does it under the provisions of S. 3 of the Co... | 0 | 2,590 | 794 | ### 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:
binding on all the creditors or the class of creditors, or on all members or class of members, as the case... |
State of Andhra Pradesh Vs. B. Eswaraiah | 1. The respondent was convicted under Section 161, IPC and Section 5(1) (d) read with Section 5(2) of the Prevention of Corruption Act. The facts have been narrated in the judgments of the High Court and Sessions Court. After going through the judgment of the courts below we are satisfied that the High Court was absolu... | 1[ds]The High Court has not disbelieved the evidence of the Deputy Superintendent of Police and other panch witnesses. The story of the accused that the money was given to the servant along with ornaments and was recovered from the almirah seems to be too good to be true. It is too much to think that the accused had th... | 1 | 289 | 224 | ### 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:
1. The respondent was convicted under Section 161, IPC and Section 5(1) (d) read with Section 5(2) of the Prevention of Corr... |
C0Mmnr. Of Income Tax, New Delhi Vs. Oriental Fire & General Insurance Co.Ltd | is charged is what is left after you have paid all the necessary expenses to earn that profit. Profit is a plain English word; that is 2 what is charged with income tax. But if you confound what is the necessary expenditure to earn that profit with the income tax, which is a part of the profit itself, one can understan... | 0[ds]Section 40(a)(ii) of the 1961 Act, it will bear repetition to state, provides for a non-obstante clause. It is of wide magnitude. Sections 32 to 38 of the 1961 Act refer to expenditure admissible under the Act. Section 40, however, seeks to make an exception thereto stating that some expenditures would not be allo... | 0 | 4,013 | 133 | ### 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:
is charged is what is left after you have paid all the necessary expenses to earn that profit. Profit is a plain English wor... |
Sohan Pathak Vs. Commissioner OfIncome Tax, U.P | Tax Officer from considering the issue.It is now well settled that, for the purposes of the Act, a business is a unit of assessment, and the charging S. 4 provides for the tax being levied in respect of the profits of "any business to which this Act applies". Section 5 specifies the businesses to which the Act applies,... | 1[ds]the present case, the partial partition as well as the subsequent formation of the partnerships having been found to be transactions the main purpose of which was the avoidance or reduction of liability to excess profits tax, the Officer had authority to assess the appellants old family business in Banaras brocade... | 1 | 2,883 | 659 | ### 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:
Tax Officer from considering the issue.It is now well settled that, for the purposes of the Act, a business... |
Kamgaranchao Ekvott Vs. Mumbai Mazdoor Sabha & Others | are in respect of the same charter of demands which were served but Kamgar Sabha on the employer and which demands are the subject matter of the present reference as can be seen from the reply filed by the company Ciba Speciality Chemicals (India) Ltd., as well as the settlement dated 30th August 2000 produced by the s... | 1[ds]From the above clause, it is clear that the management and the workmen agreed that the settlement was full and final excluding that the demand pertaining to the temporary workmen which is the subject matter of Reference IT/38/95 which is pending. It is thus clear that the settlement which has been arrived at speci... | 1 | 3,593 | 628 | ### 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:
are in respect of the same charter of demands which were served but Kamgar Sabha on the employer and which demands are the s... |
State of Himachal Pradesh and Ors Vs. Naval Kumar | became unconscious. On the same day, FIR was registered at the instance of the mother of the Respondent. 5. The Respondent was initially taken to Referral Hospital Chowari for treatment. Thereafter he was referred to Dr. Rajendra Prasad Medical Hospital, Tanda, District Kangra, Himachal Pradesh. He was operated on 25.0... | 1[ds]13. Having heard the learned Counsel for the parties and on perusal of the record of the case, we find some force in the submissions urged by the learned Counsel for the Appellant-State and, hence, we are inclined to interfere in the impugned order and, in consequence, reduce the compensation awarded by the High C... | 1 | 1,314 | 510 | ### 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:
became unconscious. On the same day, FIR was registered at the instance of the mother of the Respondent. 5. The Responden... |
Commissioner Of Wealth Tax,Gujarat-Iii, Ahmedabad Vs. Ellis Bridge Gymkhana Etc. Etc | and the Excess Profits Tax Act, 1940, also the Hindu Undivided Family was made a unit of taxation. For the purposes of these Acts Mapilla Tarwads governed by the Marumakkathayam law have been regarded as individuals." * 28. On the basis of the reasoning given in the case of Venugopala this Court had no difficulty in ho... | 0[ds]17. It will be seen that assessment as an association of persons can be made only when the individual shares of members of the association in the income or assets or both of the association on the date of its formation or any time thereafter are indeterminate or unknown. It is only in such an eventuality that an a... | 0 | 6,264 | 565 | ### 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:
and the Excess Profits Tax Act, 1940, also the Hindu Undivided Family was made a unit of taxation. For ... |
State, Cbi Vs. Sashi Balasubramnian | however, notice that in R.K. Garg etc. v. Union of India and Others [(1981) 4 SCC 675] , it was held that only because exemption had been granted in relation to purchase of bearer bonds, the same would not mean that the offender shall stand immuned from other offences also. Bhagwati, J. speaking for the majority opined... | 1[ds]29. In any view of the matter, an immunity is granted only in respect of offences purported to have been committed under direct tax enactment or indirect tax enactment, but by no stretch of imagination, the same would be granted in respect of offences under the Prevention of Corruption Act. A person may commit sev... | 1 | 6,636 | 739 | ### 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:
however, notice that in R.K. Garg etc. v. Union of India and Others [(1981) 4 SCC 675] , it was held that only bec... |
Dr. Subramanian Swamy Vs. Dr. Manmohan Singh | to judge the truth of the allegations on the basis of representation which may be filed by the accused person before the Sanctioning Authority, by asking the I.O. to offer his comments or to further investigate the matter in the light of representation made by the accused person or by otherwise holding a parallel inves... | 1[ds]30. The CVC, after taking note of the judgment of the Punjab and Haryana High Court in Jagjit Singh v. State of Punjab (1996) Crl. Law Journal 2962, State of Bihar v. P. P. Sharma 1991 Supp. 1 SCC 222, Superintendent of Police (CBI) v. Deepak Chowdhary, (1995) 6 SC 225, framed guidelines which were circulated vid... | 1 | 11,949 | 1,236 | ### 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:
to judge the truth of the allegations on the basis of representation which may be filed by the accuse... |
Himadri Chemicals Industries Ltd Vs. Coal Tar Refining Company | first deal with the case of fraud pleaded by the appellant in their application for injunction. The particulars of fraud have been pleaded in paragraph 45 of the application for injunction filed by the appellant in the High Court. From a close scrutiny of the facts pleaded in the said paragraph of the application for i... | 0[ds]Let us now consider the other exception, namely, case where allowing encashment of an unconditional Bank Guarantee or a Letter of Credit would result in an irretrievable harm or injustice to one of the parties concerned. In our view, irretrievable injury was not caused to the appellant by a refusal to grant an ord... | 0 | 4,217 | 409 | ### 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:
first deal with the case of fraud pleaded by the appellant in their application for injunction. The particulars of fraud h... |
State of Madras Vs. Rev. Brother Joseph | Mathew, J. 1. These two appeals, by certificate, are directed against the judgment and decree of the High Court of Madras in A S. Nos. 63 and 78 of 1959 dated April 10, 1962. 2. The appellant, the Government of Madras, acquired 9 acres and 86 cents of land in Tirunelveli District as it was needed for reserve area in Bl... | 0[ds]9. It may be noted that no reason was given in that ruling why capitalization of the net income should be at 10 years purchase. All that the Court saidRajammaI v. Head Quarters Deputy Collector Vellore, 25 Ind Cas 393 =(AIR 1915 Mad 356 (2) ) a Bench of this Court estimated the value of a tope of trees at 20 ye... | 0 | 845 | 267 | ### 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:
Mathew, J. 1. These two appeals, by certificate, are directed against the judgment and decree of the High C... |
M.K. Palaniappa Chettiar and Another Vs. A. Pennuswami Pillai | that a very small portion of the building was being used for residential purposes and that did not amount to use of the building of a purpose contrary to that for which it was let out. Thereafter, the landlord moved a revision before the District Court under Section 25(1)(b)(II) of the Act. The District court affirmed ... | 1[ds]3. The first point urged on behalf of the tenant is that there was no error of jurisdiction in the decision of the Rent Controller, the appellate authority, or the District Court and consequently, the High Court did not have jurisdiction to interfere in exercise of its powers under Section 115 of the code of Civil... | 1 | 1,389 | 924 | ### 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:
that a very small portion of the building was being used for residential purposes and that did not amount to use of the bu... |
State Of Assam And Another Vs. Deva Prasad Barua & Another | (2) of the Act on the respondents and therefore the reasoning of the High Court was based on an erroneous assumption that no such notice had been served. According to him in the return filed in the High Court it had been clearly asserted that such notices had been issued followed by reminders. No counter-affidavit, how... | 1[ds]The counsel for the appellant did not make any concession on the point before the High Court and at the earliest opportunity, in the petition which was filed for leave under Article 133 of the Constitution, this matter was raised and the same assertions which were made in the return were reiterated. It seems to us... | 1 | 2,247 | 487 | ### 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:
(2) of the Act on the respondents and therefore the reasoning of the High Court was based on an erroneous assumption that ... |
Indus Biotech Private Limited Vs. Kotak India Venture (Offshore) Fund (earlier known as Kotak India Venture Limited) & Ors | only the conclusion reached by the Adjudicating Authority, NCLT insofar as the order on the petition under Section 7 of the IB Code at this juncture based on the factual background is justified but also the prayer made by Indus Biotech Private Limited for constitution of the Arbitral Tribunal as made in the petition fi... | 0[ds]11. As a matter of fact, the transaction entered into between the parties arising out of the SS and SA dated 20.07.2007, 12.07.2007, 09.01.2008 and the supplemental agreements dated 22.03.2013 and 19.07.2017 is not in dispute. The further fact that the SS and SA dated 20.07.2007, 12.07.2007 and 09.01.2008 vide Cla... | 0 | 9,514 | 5,235 | ### 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:
only the conclusion reached by the Adjudicating Authority, NCLT insofar as the order on the petition under ... |
Shankar Narayan Ranade Vs. Union Of India | which may be lawfully so appropriated by every one having a right of access to it."Therefore, the argument that the grant of the soil of the village including the bed of the river must necessarily include the grant of the title of the flowing water of the river cannot be accepted.12. In this connection, it is necessary... | 0[ds].Therefore, on a plain construction of the relevant words used in the Sanad, there can be no doubt that what is conveyed to the grantee by the Sanad is stationary or static water in the ponds or wells and not the flowing water of the river.The specific reference to water meaning water o the well or the pond serves... | 0 | 3,821 | 572 | ### 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 may be lawfully so appropriated by every one having a right of access to it."Therefore, the argument that th... |
New India Assurance Co. Ltd Vs. R. Srinivasan | District Forum or before the State Commission. Sub-rule (6) of Rule 9 provides as under :- "(6) On the date of hearing or any other day to which hearing may be adjourned, it shall be obligatory for the parties or their authorised agents to appear before the State commission. If appellant or his authorised agent fails t... | 0[ds]10. We have already indicated above that the Code of Civil Procedure has been applied to the proceedings under the consumer Protection Act only to a limited extent. If the intention of the Legislature was to apply the provisions of Order 9 also to the proceedings under the Consumer Protection Act, it would have cl... | 0 | 3,082 | 951 | ### 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:
District Forum or before the State Commission. Sub-rule (6) of Rule 9 provides as under :- "(6) On the date of hearing or ... |
Juggilal Kamlapat Vs. Pratapmal Rameshwar | appellant and the respondent which will be referred to presently and the contracts were entered into in the standard I.J.M.A. Contract forms. The fact that 3 contracts relating to two deliveries have been accepted show that the respondent was following the practice prevalent in Calcutta by respondent agreed to buy from... | 0[ds]The question is not one of estoppel but the inference to be, drawn from the conduct of the respondent. The pleadings as well as the conduct lead one to the conclusion that the delivery orders were in accordance with the contract which the respondent accepted, as Mills pucca delivery orders. In the result apart fro... | 0 | 15,117 | 113 | ### 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:
appellant and the respondent which will be referred to presently and the contracts were entered into in the standard I.J.M... |
Allahabad Bank Vs. Bengal Paper Mills Co. Ltd. | consideration. By the subsequent order of Court, the sale was set aside; but during the interregnum, the applicant had the benefit of the assets he had purchased. The other contracting party, the company in liquidation was deprived of the use of its assets. The creditors who held the properties as security were deprive... | 0[ds]Learned counsel for the applicant relied on the decision in Motors & Investment Ltd. vs. New Bank of India and others (1997 (11) SCC 271 ) and submitted that in that case the Court ordered payment of interest to the purchaser on the sale being set aside. On an examination of paragraph 6 of the said decision, it is... | 0 | 3,898 | 869 | ### 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:
consideration. By the subsequent order of Court, the sale was set aside; but during the interregnum, the ap... |
M. Padmanabha Setty Vs. K. P. Papiah Setty | cases in which such relationship terminated under the provisions of the Transfer of Property Act, continues subject to the provisions of the Act. The rights of the tenants as well as the landlord are defined. The tenant under the Act has a right to possession unless and until he is evicted under the provisions of the A... | 0[ds]8. In our opinion, with great respect to Subba Rao, J., Ahmed Ali Khan, J., arrived at the correct conclusion. A tenant who can be evicted under the conditions prescribed in S. 8 (2) of the Act cannot be said, in our view, to be entitled to the possession of the premises of which he is a tenant. No doubt he cannot... | 0 | 2,799 | 559 | ### 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:
cases in which such relationship terminated under the provisions of the Transfer of Property Act, continues subject to the p... |
State Of Punjab Vs. Pritam Singh Etc. Etc | of the evidence led by the prosecution, we fell that the view taken by the High Court was not wrong. Apart from the circumstances mentioned by the High Court in its judgment there were certain important intrinsic circumstances which threw a good deal of doubt on the prosecution case. In the first place, it is admitted ... | 0[ds]Pala Singh had left for the police station and the only eye witness Jaswant Kaur who was present at the spot, for reasons best known to her, chose not to disclose the incident or the names of the assailants to Darbara Singh who was the only witness examined to corroborate the version of Pala Singh and Jaswant Kaur... | 0 | 1,797 | 331 | ### 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 evidence led by the prosecution, we fell that the view taken by the High Court was not wrong. Apart from the circum... |
Collector Of Bombay Vs. Municipal Corporation Of The City Of Bombay And Others | is whether, on the facts of this case, the Respondent Corporation has succeeded in establishing in itself a right in limitation of the right of the Government to assess the land in consequence of a specific limit to assessment having been established and preserved. There is no dispute that by reason of the non-complian... | 1[ds]Therefore, the position of the respondent Corporation and its predecessor in title was that of a person having no legal title but nevertheless holding possession of the land under colour of an invalid grant of the land in perpetuity and free from rent for the purpose of a market. Such possession not being referabl... | 1 | 3,625 | 595 | ### 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:
is whether, on the facts of this case, the Respondent Corporation has succeeded in establishing in itself a... |
Mcx Stock Exchange Limited Vs. Securities & Exchange Board of India & Others | This ground in the impugned order is, therefore, extraneous to the MIMPS Regulations. If the requirements of the MIMPS Regulations are fulfilled, then independent of them, there would be no further norm referable to the concentration of economic interest on which the Petitioner would fail in its application.Fit and pro... | 1[ds]61. The position on the record, therefore, is that as a result of the scheme of reduction which was put into place, the shareholding of the two promoters was brought down to five per cent each. Each of the two promoters was allotted warrants in lieu of the share capital which was reduced. The warrants were not to ... | 1 | 30,460 | 4,338 | ### 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:
This ground in the impugned order is, therefore, extraneous to the MIMPS Regulations. If the requiremen... |
Ahmedabad Manufacturing and Calico Printing Company Limited and Another Vs. A. V. Joshi | year 1978-79 was nil and there were carried forward losses, depreciation, etc., in respect of the preceding years. It also stated that the profits of the polyester fibre plant for the assessment year 1978-79 were Rs. 4, 66, 73, 159. In respect of the Sulzer plant, it was pointed out that there was no profit The respond... | 1[ds]In our opinion, there is no justification for the High Court not to have followed the decision of this court in Coromandel Fertilizers case. It is not in dispute that there was an entitlement to the appellant in the present case under section 80J and this being so the decision in Coromandel Fertilizers case (SC) w... | 1 | 1,634 | 303 | ### 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:
year 1978-79 was nil and there were carried forward losses, depreciation, etc., in respect of the preceding ... |
MISS XYZ Vs. THE STATE OF GUJARAT | Inspector, and on relying on such statement, for quashing the FIR. It is stated that the alleged settlement was under the guise of threat and coercion by the 2nd respondent, and it is not entered into by the appellant with her free will and consent. It is stated that the 2nd respondent misused the photographs taken by ... | 1[ds]13. Having heard learned counsel for the parties and after perusing the impugned order and other material placed on record, we are of the view that the High Court exceeded the scope of its jurisdiction conferred under Section 482 CrPC, and quashed the proceedings. Even before the investigation is completed by the ... | 1 | 2,173 | 628 | ### 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:
Inspector, and on relying on such statement, for quashing the FIR. It is stated that the alleged settlement was under the g... |
Sri Bhavanarayanaswamivari Temple Vs. Vadapalli Venkata Bhavanarayanacharyulu | the committee, the trustee and all persons having interest."5. It is not disputed that the decision of the Board holding that the properties in question were Archakatwam service Inam lands was not challenged by means of a suit under Section 57 (3). Therefore the said decision has become final. We have now to see what i... | 0[ds]9. In the proceedings with which we are concerned in this appeal one of the important question the Board had to decide was whether the properties in dispute are Archakatwam service Inam properties. The Boards decision which was adverse to the temple, affected the rights of the temple in a substantial manner. It wa... | 0 | 1,611 | 217 | ### Instruction:
Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction.
### Input:
the committee, the trustee and all persons having interest."5. It is not disputed that the decision of the Board holding tha... |
T.S. Swaminathaudayar Vs. The Official Receiver Of West Tanjore | charge was created there was in equity a lien or a charge created on the properties falling to the share of the third defendants branch and he did not acquire the properties which fell to his share on such partition irrespective of or discharged from the obligation to make payment of such sum out of the same. The appel... | 1[ds]If this was the true position as it obtained, and we are of the opinion that it was, then, the orders under appeal passed by the High Court were clearly wrong. There was no justification for the respondent to ask for a withdrawal of the sum of Rs. 5,200 which he had earlier deposited into Court on January 9, 1942,... | 1 | 6,776 | 377 | ### 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:
charge was created there was in equity a lien or a charge created on the properties falling to the share of the third defe... |
M/s Tamil Nadu State Marketing Corporation Ltd Vs. Union of India and others | aggrieved and dissatisfied with the impugned judgment and order dated 11.03.2020 passed by the High Court of Judicature at Madras in Writ Petition No. 6284 of 2020, by which the High Court has not entertained the said writ petition at this stage and consequently has dismissed the said writ petition without deciding the... | 1[ds]4. Having heard Shri Rakesh Dwivedi, learned Senior Advocate appearing on behalf of the appellant and Shri K.M. Natraj, learned Additional Solicitor General appearing on behalf of the Union of India and others and considering the impugned judgment and order passed by the High Court by which the High Court has dism... | 1 | 1,171 | 575 | ### 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:
aggrieved and dissatisfied with the impugned judgment and order dated 11.03.2020 passed by the High Court of Judicature a... |
Bhagwan Das Vs. The State Of Punjab | and improvements due to good husbandry or advent of irrigation should be ignored. On August 22, 1961, the Punjab High Court allowed a petition preferred by respondent No. 4 under Art. 227 of the Constitution of India and set aside the orders of the Collector, the Commissioner and the Financial Commissioner. The High Co... | 1[ds]On a reading of S. 19-F (b), it would appear that for the purposes of determining the status of the landowner and evaluating his land at any time under the Act, the land owned by him immediately before the commencement of the Act must always be evaluated in terms of standard acres as if the evaluation was being ma... | 1 | 1,638 | 217 | ### Instruction:
Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding.
### Input:
and improvements due to good husbandry or advent of irrigation should be ignored. On August 22, 1961,... |
Bhawani Das Vs. Jagjiwan Ram & Others | its powers of framing rules under the Code of Civil Procedure. This paragraph only contains instructions intended to be carried out by subordinate courts issued by the High Court in exercise of its supervisory jurisdiction under Article 227 of the Constitution. The procedure indicted in this paragraph was, therefore, n... | 1[ds]In this case, it is clear that the burden of proving the commission of the corrupt practice by the appellant with the consent of Respondent No. 2 lay on Respondent No. 1 so that, when the hearing of the election petition started, Respondent No. I was required to state his case and produce his evidence in support o... | 1 | 3,308 | 1,780 | ### 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:
its powers of framing rules under the Code of Civil Procedure. This paragraph only contains instructions in... |
UNION OF INDIA Vs. MD. SAMIM AZAD | 2016. On the request made by the respondent-original writ petitioner, during the lifetime of his father he was allowed to sell tickets in the halt station at Pirtala. By notification dated 16 th February 2017, the appellants have issued advertisement inviting applications for appointing the contractor. The respondent-o... | 1[ds]8. Having heard the learned counsel on both sides, we have perused the order passed by the learned Single Judge and also the impugned order passed by the Division Bench of the Calcutta High Court and other material placed on record.9. It is not in dispute that the father of the respondent-original writ petitioner ... | 1 | 1,307 | 544 | ### Instruction:
Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction.
### Input:
2016. On the request made by the respondent-original writ petitioner, during the lifetime of his father... |
Co-Operative Central Bank Ltd. & Ors Vs. Additional Industrial Tribunal, Andhrapradesh & Ors | or to have the force of law. It has no doubt been held that, , if a statute gives power to a Government or other authority to make rules, the rules so framed have the force of statute and are to be deemed to be incorporated as a part of the statute. That principle, however, does not apply to bye-laws of the nature that... | 0[ds]2. The Tribunal, and the High Court, in rejecting the plea taken on behalf of the Banks, expressed the view that the disputes actually referred to the Tribunal were not capable of being decided by the Registrar of the Co-operative Societies under Section 61 of the Act, and consequently, the reference to the Indust... | 0 | 6,445 | 2,292 | ### 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:
or to have the force of law. It has no doubt been held that, , if a statute gives power to a Government or o... |
M/s Maya Appliances (P) Ltd. now known as Preethi Kitchen Appliances Pvt. Ltd Vs. Addl. Commissioner of Commercial Taxes & Others | Karnataka (2017) 3 SCC 467 ), a Bench of two learned judges of this Court considered the provisions of Rule 3(2)(c) of the Rules. In that case, the appellant who was a registered dealer with a business in motor vehicles issued tax invoices to its purchasers. After the sales were completed, credit notes were issued to t... | 1[ds]12. The liability to pay tax is on the taxable turnover. Taxable turnover is arrived at after making permissible deductions from the total turnover. Among them areamounts allowed asSuch a discount must, however, be in accord with the regular trade practice of the dealer or the contract or agreement entered into in... | 1 | 3,212 | 1,086 | ### 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:
Karnataka (2017) 3 SCC 467 ), a Bench of two learned judges of this Court considered the provisions of Rule 3(2)(... |
COLONEL SHRAWAN KUMAR JAIPURIYAR @ SARWAN KUMAR JAIPURIYAR Vs. KRISHNA NANDAN SINGH AND ANOTHER | Leave granted. 2. In spite of second call, there is no appearance on behalf of Krishna Nandan Singh, the plaintiff, the first respondent before us. 3. The first respondent has filed a civil suit T.S. No. 97/16 against Sarwan Kumar Jaipuriyar, the appellant before us and Anil Kumar, the second respondent before us. The ... | 1[ds]5. The factum of partition and the partition deed itself is not challenged and questioned in the civil suit preferred by the first respondent. In fact, Sunil Kumar Mehta, the third brother is not even a party to the suit. The suit also acknowledges that the second respondent was allotted and became the owner of so... | 1 | 1,105 | 833 | ### 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:
Leave granted. 2. In spite of second call, there is no appearance on behalf of Krishna Nandan Singh, the plai... |
Tata Power Company Limited Vs. Reliance Energy Limited & Others | 1921 licences. Although, Mr. Venugopal tried to convince us that the changes effected in clause 6 of the 1907 licence and clause 5 of the remaining three licences held by TPC was only to compensate TPC for giving up its rights to supply in favour of the Maharashtra State Electricity Board and to help it to utilise its ... | 1[ds]While MERC answered the said question in favour of Tata Power upon holding that there was nothing in the licences granted to Tata Power to prevent it from doing so and that it could effect supply of electricity to any consumer, it also held that the terms and conditions in the said licences gave it an advantage ov... | 1 | 11,962 | 1,765 | ### 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:
1921 licences. Although, Mr. Venugopal tried to convince us that the changes effected in clause 6... |
Jacob Mathew Vs. State Of Punjab | the highest level of expertise or skills in that branch which he practises. A highly skilled professional may be possessed of better qualities, but that cannot be made the basis or the yardstick for judging the performance of the professional proceeded against on indictment of negligence.(4) The test for determining me... | 0[ds]18. In our opinion, the factor of grossness or degree does assume significance while drawing distinction in negligence actionable in tort and negligence punishable as a crime. To be latter, the negligence has to be gross or of a very high degree.The purpose of holding a professional liable for his act or omission,... | 0 | 13,209 | 1,713 | ### Instruction:
Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction.
### Input:
the highest level of expertise or skills in that branch which he practises. A highly skilled professional may be possessed o... |
BHAGWAN DAS GOEL (DEAD) THROUGH HIS LRS. AND ORS Vs. PYARE KISHAN AGARWAL | Abhay Manohar Sapre, J.1. Leave granted.2. This appeal is directed against the final judgment and order dated 14.05.2012 passed by the High Court of Judicature at Allahabad in Writ C. No.14839/1993 whereby the High Court dismissed the writ petition filed by the appellants herein and upheld the order dated 18.03.1993 pa... | 1[ds]12. In our considered view, the need to remand the case has occasioned because we find that the High Court did not decide the issue, which was the subject matter of the writ petition, keeping in view the law laid down by this Court in the case of Krishna Motor Service by its Partners vs. H.B. Vittala Kamath, 1996 ... | 1 | 692 | 179 | ### 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:
Abhay Manohar Sapre, J.1. Leave granted.2. This appeal is directed against the final judgment and order... |
Bombay Labour Union Representing The Workmen Of Messrs Vs. Messrs International Franchises Pvt. Ltd | the department is concerned with packing labeling, putting in phials and other work of this kind which has to be done after the pharmaceutical product has been manufactured. Nor do we think that because the work has to be done as a team it cannot be done by married women. We also feel that there is nothing to show that... | 1[ds]2. Ordinarily we see no reason for such a rule requiring unmarried women to give up service on marriage, particularly when it is not disputed that no such rule exists in other industries. It is also not in dispute that no such rule exists in other departments of the respondent concern itself and it is only in one ... | 1 | 1,578 | 464 | ### Instruction:
Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding.
### Input:
the department is concerned with packing labeling, putting in phials and other work of this kind which has to be d... |
Nain Sukh Das And Another Vs. The State Of Uttar Pradesh And Others | right under article 15 (1) against alleged violation thereof by the respondents.2. The petitioners are three residents of Etah in Uttar Pradesh. They complain that at the by election to the Municipal Board of Etah held on November 2, 1951, December 8, 1951, and March 17, 1952, at which respondents 4, 11 and 12 were res... | 0[ds]It is true, as pointed out in theCross Roads case[1950] S.C.R 594that article 32 provides, in some respects, for a more effective remedy through this court than article 226 does through the High Courts. But the scope of the remedy is clearly narrower in that it is restricted solely to enforcement of fundamental ri... | 0 | 1,128 | 494 | ### 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:
right under article 15 (1) against alleged violation thereof by the respondents.2. The petitioners are ... |
Member, Board of Revenue Vs. Swaika Oil Mills | 1952, the Netherlands Selling Organisation Ltd. confirmed having bought from the respondents a certain quantity of linseed oil, "F.O.B. Calcutta price." The main terms of the contract of sale, which was made and concluded in Calcutta, are these:"The price of the goods was to be paid F.O.B. Calcutta against the first pr... | 1[ds]Applying the ratio of Serajuddins case to the facts before us, we are of the opinion that the, High Court of Calcutta, which did not have the benefit of that judgment, is wrong in holding that the sidle effected by the. respondents in favour of the Netherlands Selling Organisation is a sale in the. course of expor... | 1 | 1,516 | 851 | ### 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:
1952, the Netherlands Selling Organisation Ltd. confirmed having bought from the respondents a certain quant... |
K. Hutchi Gowder Vs. Richobdas Pathaimull & Co | of a debt incurred after the Act came into force.5. Realizing this difficulty, Mr. Viswanatha Sastri relied upon the provisions of S. 13 itself and contends that the said Section provides, in the case of debts incurred after the Parent Act came into force, both for the substantive relief as well as for the machinery to... | 1[ds]The general scheme of the Parent Act gathered therefrom may be briefly stated thus. The main object of the Parent Act was to give relief to agriculturists. "Debt" has been defined in S. 3 (iii) of the Parent Act as any liability in cash or kind, whether secured or unsecured, due from an agriculturist, whether paya... | 1 | 2,542 | 1,018 | ### 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:
of a debt incurred after the Act came into force.5. Realizing this difficulty, Mr. Viswanatha Sastri relied upon the provisi... |
State of Madras Vs. R. Nand Lal & Co | registered dealer in the State of Punjab is negatived by the scheme of the Central Sales Tax Act and the Rules framed thereunder. By S. 7 of the Central Sales Tax Act, every dealer liable to pay tax under the Act has to make an application for registration under the Act to such authority in the appropriate State as the... | 0[ds]5. The assumption made by the High Court that no rule was framed by the State of Punjab under S. 13 (4) (e) of the Central Sales Tax Act requiring the purchasing dealers in the State of Punjab to issue a separate declaration form in respect of each individual transaction is erroneousBut for reasons which we will p... | 0 | 3,115 | 1,376 | ### 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:
registered dealer in the State of Punjab is negatived by the scheme of the Central Sales Tax Act and the Rules framed there... |
State of Andhra Pradesh Vs. M. Ramakishtaiah and Company | This appeal is preferred against the judgment of the Andhra Pradesh High Court allowing the tax revision case filed by the respondent-assessee under section22 of the Andhra Pradesh General Sales Tax Act. The order of assessment was made in the month of September, 1969. That order was sought to be revised by the Deputy ... | 0[ds]We are of the opinion that the theory evolved by the High Court may not be really called for in the circumstances of the case. We are of the opinion that this appeal has to be dismissed on the ground urged by the assessee himself. As stated above, the order of the Deputy Commissioner is said to have been made on J... | 0 | 458 | 168 | ### 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:
This appeal is preferred against the judgment of the Andhra Pradesh High Court allowing the tax revisio... |
Hukumchand Mills Ltd Vs. Commissioner Of Income-Tax, Central Bombay & Ors | allowed under the Industrial Tax Rules, or if it was allowed, whether such depreciation was under any law or rules relating to income-tax or super-tax etc., not having been determined, the contention raised by the Department on the basis of paragraph 2 of the Taxation Laws (Part B States) (Removal of Difficulties) Orde... | 0[ds]In our opinion there is no justification for this argument. In the first place, no objection was raised before the Tribunal or before the High Court that the department should not have been allowed to raise the question for the first time with regard to the application of paragraph 2 of the Taxation Laws Order. We... | 0 | 2,333 | 558 | ### 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:
allowed under the Industrial Tax Rules, or if it was allowed, whether such depreciation was under any law or ... |
Income-Tax Officer, Madras Vs. Budha Pictures, Madras | to law the demand made by the Income-tax Officer for the sum of Rupees 20,000 was illegal and without jurisdiction.3. The High Court, as we have already mentioned, hold that the Department was not entitled to call upon Budha Pictures Ltd., the respondent, to make good the sum of Rs. 20,000 already paid to Baliah as suc... | 0[ds]In our view, if the assessee has not subsisting relationship with a person it would be speculative to think that that person may get into relationship with the assessee and start owing money to him or start holding money for him. We can hardly believe that the Legislature framed this sub-section on speculative con... | 0 | 2,000 | 432 | ### 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:
to law the demand made by the Income-tax Officer for the sum of Rupees 20,000 was illegal and without j... |
GITABAI MARUTI RAUT (DEAD) THROUGH LR. & ORS Vs. PANDURANG MARUTI RAUT (DEAD) THROUGH LRS. & ORS | Ors. v. R. Yellappagouda Patil & Ors. AIR 1959 SC 906 , Surendra Kumar v. Phoolchand (D) through LRs. & Anr. (1996) 2 SCC 491 and Appasaheb Peerappa Chamdgade v. Devendra Peerappa Chamdgade & Ors. (2007) 1 SCC 521 to contend that the property purchased by Raghunath was the property from the income of the ancestral prop... | 1[ds]Our attention was drawn to the plaint filed by the deceased Geetabai but we do not find any pleadings regarding the property at Nande as purchased from the income of the joint family property. All three Courts have concurrently held that the property at Nande is not a joint ancestral property. We find no reason to... | 1 | 1,965 | 1,031 | ### 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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Ors. v. R. Yellappagouda Patil & Ors. AIR 1959 SC 906 , Surendra Kumar v. Phoolchand (D) through LRs. & Anr. (1996) 2 SCC 49... |
M/S. Lipton Limited And Another Vs. Their Employees | of the Union is that the wage structure of the Indian branch is top-heavy, in the sense that the higher administrative officers get a salary which is out of all proportion to the wage scale of the employees with whom we are now concerned. It is further contended that the high salaries paid to the superior Executive sho... | 0[ds]24. We do not think that it is necessary to decide in the present case whether the Tribunals below were right in having regard to the global resources of the Lipton, Ltd. in the matter of the revision of the wage-structure; because we consider that on an application of the principle of industry-cum-region, the rev... | 0 | 10,858 | 493 | ### 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:
of the Union is that the wage structure of the Indian branch is top-heavy, in the sense that the higher administrative offic... |
The Indian Hume Pipe Co. Ltd Vs. The State Of Rajasthan And Ors. Finance Department Secretary To Government Of Rajasthan | further that such a contract was treated as not divisible. It is for this reason in BSNL and Larsen and Toubro cases, this Court specifically pointed out that Kame case would not provide an answer to the issue at hand. On the contrary, the legal position stands settled by the Constitution Bench of this Court in Kone El... | 0[ds]7) We may mention that the State Government also issued notification dated March 29, 2001 wherein laying of pipeline with material has been categorized as Works contract and because of this the assessee?s work, after the said notification, is considered as Works contract and has been granted exemption from that da... | 0 | 4,362 | 715 | ### 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:
further that such a contract was treated as not divisible. It is for this reason in BSNL and Larsen and Toubro cases, thi... |
Hare Krishna Singh & Others Versus State Of Bihar Versus State Of Bihar Vs. | 1982. He was found with the accused persons including Hare Krishna Singh. It is not disputed that he is the brother-in-law of Hare Krishna Singh, as he has been described in the FIR. It is the categorical evidence of PWs 1, 2, 3 and 8 that Paras Singh of Dhobaha had fired at the deceased Jitendra Choudhary. He has been... | 0[ds]Upon a conspectus of the decisions mentioned above, we are of the view that the question as to the obligation of the prosecution to explain the injuries sustained by the accused in the same occurrence may not arise in each and every case. In other words, it is, not an invariable rule that the prosecution has to ex... | 0 | 5,885 | 589 | ### 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:
1982. He was found with the accused persons including Hare Krishna Singh. It is not disputed that he is th... |
Haryana Telecom Ltd Vs. Sterlite Industries (India) Ltd | B.N. Kirpal, J. On a winging up petition having been filed by the respondent before the High Court, the petitioner herein moved an application under Section 8 of the Arbitration and Conciliation Act, 1996, inter alia, contending that the High Court should refer the matter to arbitration. 2. The Single Judge dismissed t... | 0[ds]n (1) of Section 8 provides that where the judicial authority before whom an action is brought in a matter, will refer the parties to arbitration the said matter in accordance with the arbitration agreement. This, however, postulates, in our opinion, that what can be referred to the arbitrator is only that dispute... | 0 | 555 | 224 | ### 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:
B.N. Kirpal, J. On a winging up petition having been filed by the respondent before the High Court, t... |
Roger Shashoua Vs. Mukesh Sharma | location of hearings to be in London. To elaborate, the distinction between the venue and the seat remains. But when a Court finds there is prescription for venue and something else, it has to be adjudged on the facts of each case to determine the juridical seat. As in the instant case, the agreement in question has be... | 1[ds]25. It is patent from the law enunciated in the aforesaid decision is that stipulations in the agreement are required to be studiedly analysed and appropriately appreciated for the purpose of arriving at whether there is express or implied exclusion and further meaning of the term "seat of arbitration". The Court ... | 1 | 15,488 | 1,653 | ### 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:
location of hearings to be in London. To elaborate, the distinction between the venue and the seat remains. B... |
ASSA SINGH (D) BY LRs Vs. SHANTI PARSHAD (D) BY LRs. & OTHERS | dispute relating to landlord-tenant relationship, the orders passed by the authorities under the Act can be found to be null and void for the reason that transgressing the power conferred, the authorities proceed to decide the matter, (which again it must be remembered under Section 10 (2) is to be a summary decision) ... | 0[ds]24. They are as follows:i. In Shankar Singh Etc. v. Mangal Singh Etc. AIR 1973 P&H 307, an ex parte Order of Ejectment passed by the Assistant Collector came to be set aside by the Collector. The Collector ordered the tenant to be put back in possession. The learned Judge found assurance in the principle that an a... | 0 | 13,976 | 6,747 | ### 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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dispute relating to landlord-tenant relationship, the orders passed by the authorities under the Act can be found to be null... |
Messrs Mela Ram & Sons Vs. The Commissioner Of Income-Tax,Punjab | 30 (2). Now, those observations came to be made by way of answer to a new contention put forward by the learned Attorney-General in support of the appeal. That contention was that the miscellaneous application presented to the Tribunal might be treated as an appeal against the order dated 19-11-1945, in which case the ... | 1[ds]In this context, the point sought to be raised by the learned Attorney-General did not arise at all for decision, and the observations in answer thereto cannot be read as a pronouncement on the question of the maintainability of the appeal, much less as a decision that an order dismissing an appeal as barred by li... | 1 | 5,664 | 782 | ### 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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30 (2). Now, those observations came to be made by way of answer to a new contention put forward by the learned A... |
Bhanwar Lal And Anr Vs. Regional Settlement Commissioner, Jaipur, Cum-Custodian | in 1931, that the mortgagees had been in possession of the property, that they did not get any notice of the proceedings taken by the Assistant Custodian and were informed of his order in 1959 by their tenants in the land in suit when the allottees of the land were taking steps to recover possession. The writ petition ... | 0[ds]4. The interest of Ibrahim and others, the evacuees of the property in suit which was under mortgage, consisted of the equity of redemption in the property. It is this interest of theirs which could be declared evacuee property and the order of the Assistant Custodian dated April 7, 1955, declaring the aforesaid p... | 0 | 1,394 | 653 | ### 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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in 1931, that the mortgagees had been in possession of the property, that they did not get any notice of the... |
National Textile Corporation Ltd Vs. Durga Trading Co. & Ors. | by or against the National Textile Corporation.” Thus, it is clear that all other rights and interests in or arising out of such property as were existing immediately before the appointed day in the ownership, possession, power or control of the textile company in relation to the said undertaking vested with the Centra... | 1[ds]Therefore, it is clear that the property in question stood vested in the Central Government and, in turn, stood transferred and vested with National Textile Corporation under(2) of Section 3 of 1995 Act. Even if it is admitted that respondent No. 1 has acted on the agreement to sell and has paid the entire conside... | 1 | 5,606 | 196 | ### 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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by or against the National Textile Corporation.” Thus, it is clear that all other rights and interests in ... |
Smt. Shanti Bai Vs. Smt. Miggo Devi and Others | asked her to adopt the third respondent. That, we are afraid, is rather difficult to believe. It is also strange that if in the middle of January when the appellant came to Nagpur with her sisters son, Kedar Nath stated that he would to take the appellant sisters son in adoption, but that he would adopt the third respo... | 1[ds]It is obvious that he was a tutored witness and having forgotten to mention this alleged statement by Keadar Nath in hishe tried to introduce it in hisWe cannot accept this statement at its face value but even if it were true, it does not carry the case of the respondents any further, because it merely refers to a... | 1 | 3,781 | 1,527 | ### 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:
asked her to adopt the third respondent. That, we are afraid, is rather difficult to believe. It ... |
Kandla Export Corporation & Another Vs. M/s. OCI Corporation & Another | the forum which will hear and decide such an appeal. 24. In fact, in Sumitomo Corporation v. CDC Financial Services (Mauritius) Ltd. and Ors., (2008) 4 SCC 91 , this Court adverted to Section 50 of the Arbitration Act and to Sections 10(1)(a) and 10F of the Companies Act, 1956, to hold that once an appeal is provided f... | 0[ds]Given the judgment of this Court in Fuerst Day Lawson (supra), which Parliament is presumed to know when it enacted the Arbitration Amendment Act, 2015, and given the fact that no change was made in Section 50 of the Arbitration Act when the Commercial Courts Act was brought into force, it is clear that Section 50... | 0 | 7,995 | 1,050 | ### Instruction:
Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction.
### Input:
the forum which will hear and decide such an appeal. 24. In fact, in Sumitomo Corporation v. CDC Financ... |
Nani Bai Vs. Gita Bai Kom Rama Gunge | above said lands, neither I nor my heirs and executors of my will have any right whatsoever over the said property. As I am the male heir in the joint family by survivorship, nobody except me has any interest in the aforesaid lands. I have sold to you whatever interest I had in the said lands."It was further contended ... | 1[ds]In our opinion, there is no substance in this contention.The Sangli Act referred to above, had chosen the year 1915 as the date-line beyond which the Court was not competent to grant any relief to agriculturists, by way of re-opening of closed transactions. But that does not mean that the Court itself was incompet... | 1 | 6,294 | 1,439 | ### 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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above said lands, neither I nor my heirs and executors of my will have any right whatsoever over the said property. As I am... |
Pandurang Narayandas Sarda Vs. Subhash Gopal Changale & Others | consideration the fact that the claimants would have been required to spend for education of the child and by the time he would have started earning the claimants would have been more than 40 and 50 years of age. Shri Sawant learned Counsel appearing for the claimants has placed strong reliance upon the decision of the... | 1[ds]3. Since in these appeals it is not disputed that the accident took place because of the rash and negligent driving of Kishor, it is not necessary to deal with the evidence in that behalf. To say the least from the evidence it appears that Kishor was not able to control the vehicle as a result the car left the roa... | 1 | 3,992 | 1,923 | ### 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:
consideration the fact that the claimants would have been required to spend for education of the child ... |
Rafat Ali Vs. Sugni Bai | damage, actual or presumed. Damage alone gives no right of action; the mere fact that an act causes loss to another does not make that act a nuisance.For the purposes of the law of nuisance an unlawful act is the interference by act or omission with a persons use or enjoyment of land or some right over or in connection... | 1[ds]14. It is clear from clause (iv) of Section 10(2) of the Act that what is envisaged therein is only private nuisance and not public nuisance. This can be discerned from the words "nuisance to the occupiers of other portions in the same building or buildings in the neigbourhood." Perhaps in a wide sense any industr... | 1 | 3,015 | 723 | ### 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:
damage, actual or presumed. Damage alone gives no right of action; the mere fact that an act causes loss to another does no... |
Commissioner of Income Tax, West Bengal-II Calcutta Vs. M/s. Radha Kishan Nandlal | the branch firm. Jhunjhunwalla stated in his evidence that the sum of Rs. 55,416 which was shown by him as his share in the income of the branch firm was really the entire profit earned by that firm. Evidently the Tribunal disbelieved this but it held that Jhunihunwalla had an 8-anna share in the income of the branch f... | 1[ds]7. The Tribunal accepted the contention of the Department that M/s. Radhakissen Nandlal Arhatwalla wag not an independent firm consisting of the partners of theand certain outsiders but that it was a branch of theThe Tribunal, however. found that theOfficer had estimated the income of the branch firm on a fallacio... | 1 | 1,388 | 364 | ### Instruction:
Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding.
### Input:
the branch firm. Jhunjhunwalla stated in his evidence that the sum of Rs. 55,416 which was shown by him as hi... |
Sangeeta Singh Vs. Union Of India | Euclid". Judge Learned Hand said, "but words must be construed with some imagination of the purposes which lie behind them". (See Lenigh Valley Coal Co. vs. Yensavage 218 FR 547). The view was re-iterated in Union of India and others vs. Filip Tiago De Gama of Vedem Vasco De Gama (AIR 1990 SC 981 ). 8. In D.R. Venkatch... | 1[ds]5. It is well settled principle in law that the Court cannot read anything into a statutory provision or a stipulated condition which is a plain and unambiguous. A statute is an edict of the Legislature. The language employed in a statute is the determinative factor of legislative intent. Similar is the position f... | 1 | 2,346 | 465 | ### 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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Euclid". Judge Learned Hand said, "but words must be construed with some imagination of the purposes which lie beh... |
V.S. Ubhayakar & Others Vs. Special Director, Directorate of Enforcement & Others | diligence to prevent such contravention. Under the proviso, the burden lies on the person against whom a contravention is established by the deeming provisions of subsection (1).11. Both the adjudicating authority and the Tribunal have held concurrently that the burden that was cast upon the Appellants has not been dis... | 0[ds]11. Both the adjudicating authority and the Tribunal have held concurrently that the burden that was cast upon the Appellants has not been discharged. During the course of the hearing of the Appeals, counsel appearing for the Appellants adverted to the statement of Shri Kirti Shah, (a Director of the company) that... | 0 | 3,462 | 1,060 | ### 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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diligence to prevent such contravention. Under the proviso, the burden lies on the person against whom a contravention is es... |
Sneh Gupta Vs. Devi Sarup | Section 7(1) of the 1952 Act read with Section 6 of the said Act, when brought to the notice of this Court, precluded the exercise of the power under Section 407 of the Code. There was no argument, no submission and no decision on this aspect at all. There was no prayer in the appeal which was pending before this Court... | 0[ds]Herein, we are not concerned with the effect of the earlier litigation. We are also not concerned with regard to the conduct of Smt. Veena Nirvanis the appellant and the other defendants and/or as to whether the litigation was being fought through the lawyers of the same chamber. Both the suits were compromised. I... | 0 | 10,414 | 1,420 | ### 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:
Section 7(1) of the 1952 Act read with Section 6 of the said Act, when brought to the notice of this Court, ... |
Commissioner of Sales Tax, U.P., Lucknow Vs. Harbilas Rai and Sons | pigs, ..... It is possible that if in sorting the sizes just a few ends project beyond others, they may be clipped a little only for uniformity of size. There is no actual cutting of either end."Relevant portion of section 2(h) of the Act reads as follows :"(h) Sale means, within its grammatical variations and cognate ... | 0[ds]5. In our view, the word "manufacture" has various shades of meaning, and in the context of sales tax legislation, if the goods to which some labour is applied remain essentially the same commercial article, it cannot be said that the final product is the result of manufacture. The decision of the Madhya Pradesh H... | 0 | 1,548 | 356 | ### 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:
pigs, ..... It is possible that if in sorting the sizes just a few ends project beyond others, they may be cl... |
STATE BANK OF PATIALA Vs. KANWAL NAIN SINGH | KURIAN, J. 1. The appellants are before this Court, aggrieved by the Judgment dated 04.10.2008 passed by the High Court of Punjab and Haryana at Chandigarh in LPA No. 114 of 2007 in Civil Writ Petition No. 17426 of 2004. The case has a chequered history. The respondent joined service in the appellant-Bank on 29.02.1977... | 1[ds]10. Having extensively heard Mr. Sanjay Kapur, learned counsel appearing for theand Mr. Gagan Gupta, learned counsel appearing for the respondent, we find it difficult to appreciate the stand taken by the High Court. The respondent has suffered a Judgment when this Court allowed the appeal filed by the Bank and di... | 1 | 1,099 | 384 | ### 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:
KURIAN, J. 1. The appellants are before this Court, aggrieved by the Judgment dated 04.10.2008 passed by the High... |
U.P. State Sugar Corporation Ltd. Vs. Sant Raj Singh | work should not be disturbed except for strong reasons which indicate the classification made to be unreasonable. Inequality of the men in different groups excludes applicability of the principle of equal pay for equal work to them." 21. In Government of W.B. v. Tarun K. Roy [(2004) 1 SCC 347] , it was clearly laid dow... | 1[ds]The doctrine of equal pay for equal work, as adumbrated under Article 39(d) of the Constitution of India read with Article 14 thereof, cannot be applied in a vacuum. The constitutional scheme postulates equal pay for equal work for those who are equally placed in all respects. Possession of a higher qualification ... | 1 | 3,677 | 654 | ### 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:
work should not be disturbed except for strong reasons which indicate the classification made to be unreasonable.... |
State Of Rajasthan Vs. Raghuveer Singh & Ors | recovered may, if it shall think fit, allow interest to the creditor at a rate not exceeding the current rate of interest from the time when such debts or sums certain were payable, if such debts or sums be payable by virtue of some written instrument at a certain time; or if payable otherwise, then from the time when ... | 0[ds]In regard to conveyance and lift charges the High Court pointed out that no. question was raised in the Memorandum of grounds of appeal and there was, therefore, no. justification for permitting the learned counsel for the State to assail the finding of the trial Court relating to those charges. We do not see any ... | 0 | 2,140 | 968 | ### 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:
recovered may, if it shall think fit, allow interest to the creditor at a rate not exceeding the current rate of interest ... |
Ram Prasad Dagduram Vs. Vijay Kumar Motilal Mirakhanwala & Ors | names of Tarabais daughters. This is also not a case where a wrong defendant has been sued as representing the estate of a deceased person and subsequently the real representative is added as a defendant. Nor is this a case where a wrong plaintiff has sued in a representative capacity and the person whom he intended to... | 1[ds]12. The mortgage deed, dated December 13, 1934 provided that the mortgage money would be payable in annual instalments within a period of nine Fasli years, and in the event of non-payment of five instalments, the mortgagee would be entitled to recover the entire mortgage money. The appellant did not pay any of the... | 1 | 4,596 | 2,757 | ### 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:
names of Tarabais daughters. This is also not a case where a wrong defendant has been sued as representing... |
SHRI K. JAYARAM & ORS Vs. BANGALORE DEVELOPMENT AUTHORITY & ORS | allowed to play hide and seek or to pick and choose the facts he likes to disclose and to suppress (keep back) or not to disclose (conceal) other facts. The very basis of the writ jurisdiction rests in disclosure of true and complete (correct) facts. If material facts are suppressed or distorted, the very functioning o... | 0[ds]11. The documents produced by the BDA would clearly disclose that the entire extent of 5 acres 9 guntas of land including 12 guntas of kharab-B land was notified for acquisition. M. Krishna Reddy, the father of the appellants, claimed to be the owner of 1 acre 26 guntas of lands in the said survey number and it wa... | 0 | 3,912 | 2,019 | ### 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:
allowed to play hide and seek or to pick and choose the facts he likes to disclose and to suppress (keep back) or not to di... |
N.S. Rajabadar Mudaliar Vs. M.S.Vadivelu Mudaliar & Others | appellants suit.2. The important question which falls for consideration is whether the deed of trust dated 1st January, 1908 created an absolute dedication to charity subject only to a charge for the payment of maintenance to the members of the founders family or whether the dominant intention of the founder was the ma... | 0[ds]In the background of these provisions,counsel for the appellant contended that the dominant intention was a provision by way of a settlement for the members of the family and that the charities were subsidiary purposes to the said deed oftrust. The provisions or direction to the trustees first to accumulate the in... | 0 | 1,110 | 458 | ### 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:
appellants suit.2. The important question which falls for consideration is whether the deed of trust dated 1st January, 1... |
Saroj & Others Vs. Het Lal & Others | repeating the findings given by the Tribunal including a finding that the offending vehicle owned by respondent No.2 and allegedly driven by respondent No.1 was not involved in the accident at all. 9. Shri Balakrishnan, learned senior Counsel appearing on behalf of the appellants pointed out firstly that both the Court... | 1[ds]12. On considering the rival arguments, it must be said that the petition could not have been dismissed in totality. Presuming it to be a hit and run case, the appellants were entitled to at least Rs.25,000/as per the provisions of Section 161 (3) (a) of the Motor Vehicles Act. Therefore, both the Courts below hav... | 1 | 2,407 | 622 | ### 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:
repeating the findings given by the Tribunal including a finding that the offending vehicle owned by respon... |
Ranendra Narayan Sinha & Ors Vs. State Of West Bengal | near the Sadr Stations of the several Magistrates or Joint Magistrates, or such as may intersect the chief military routes or other much frequented roads or such as from special considerations it may appear advisable to place under the more immediate management of the Magistrates and Joint Magistrates.Second. The Gover... | 1[ds]Two matters appear clear on the findings of the Trial Court and confirmed by the High Court: (1) that the revenue in respect of the 11 ferries was separately assessed; and (2) that the right to ferry was recognised as a right to property for resumption of which the Government of the day was liable to pay compensat... | 1 | 5,609 | 1,093 | ### 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:
near the Sadr Stations of the several Magistrates or Joint Magistrates, or such as may intersect the chief military routes ... |
Commissioner of Income-Tax-12, Mumbai Vs. Jayant H. Modi | 1. This appeal of the revenue challenges the order passed by the Income Tax Appellate Tribunal, Mumbai dated 23rd November, 2012. The assessment year is 2006-07.2. The assessees appeal has been allowed by the Tribunal and that is why the revenue being aggrieved is before us.3. Mr. Suresh Kumar submits that the question... | 0[ds]In these circumstances, the Tribunal concluded that that the lending of money is a substantial part of the business of M/s. JMC Securities Pvt. Ltd. The addition made by the assessing officer and sustained by the Commissioner was not valid and legal, particularly in the background facts. In the light of the undisp... | 0 | 923 | 214 | ### 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:
1. This appeal of the revenue challenges the order passed by the Income Tax Appellate Tribunal, Mumbai dated... |
Akoijam Ranbir Singh Vs. Government of Manipur | was thus known to them and the others from the very beginning. Dorendro Singh and Raghumani Singh also reached the hospital, and Sanajoba Singh (PW 2) has stated that after Ibohal Singh was declared dead, he narrated the incident to them and said that the culprit was the appellant. That was another occasion when even a... | 1[ds]11. It has also been argued by Mr. Kohli that the statement of Sanajoba Singh has been corroborated by the medical evidence inasmuch as two stab wounds were found on the person of the deceased, and bloodstains were found on the road. Reference in this connection has been made to Lyons "Medical Jurisprudence" to sh... | 1 | 3,189 | 475 | ### 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:
was thus known to them and the others from the very beginning. Dorendro Singh and Raghumani Singh also reached the hospital,... |
J.J.Irani Vs. State Of Jharkhand | Here the Inspector was himself part of the team, which conducted the preliminary inquiry between 5th and 6th March, 1989. As observed earlier, the inquiry is a detailed investigation going into all aspects of the occurrence. In these circumstances it is not possible to hold that the Inspector of Factories, who undertoo... | 1[ds]15. We have heard the matter and considered the issue at length and we find ourselves unable to uphold the reasoning of the High Court. Jambekar?scase (supra) is of no assistance in deciding the present case. In that case this Court accepted that from a reading of the report of the incident it was difficult for an... | 1 | 3,592 | 752 | ### 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:
Here the Inspector was himself part of the team, which conducted the preliminary inquiry between 5th and 6t... |
Nazir Hoosein Vs. Darayus Bhathena | the minutes recorded by Mr. Satish Shah that before item No. 1 was taken up Mr. Bhiwandiwalla and Mr. Bhathena (respondent No. 1) stressed the need to hold an early Annual General Meeting. Another Director Mr. Swadi also suggested the same for electing a new Board which could finalise the accounts. Finally, Mr. Bhiwand... | 1[ds]In our considered opinion, the culmination of the appeal, the suit, by its withdrawal as perorder, as a consequence of the consent order indicates one and the only inference that once the parties agreed to hold a fresh meeting under theof Mr. Satish Shah tosh the agenda of the meeting dated 8th November, 1995, the... | 1 | 7,720 | 371 | ### 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:
the minutes recorded by Mr. Satish Shah that before item No. 1 was taken up Mr. Bhiwandiwalla and Mr. Bhath... |
RANBIR ARYA Vs. THE STATE (U.T. OF CHANDIGARH) | that there must be a complaint from any customer regarding adulteration in the food article and held that the Health Authority is duly competent to conduct a raid and take sample. Further, as per the evidence on record it is clear that the Appellant has indeed sent a copy of the report of the Public Analyst. After appr... | 0[ds]15. In so far as the contention raised by the learned Senior Counsel for the Appellant regarding the General Manager not being liable to be proceeded against is concerned, the same has not been canvassed before any of the forums below and it cannot be permitted to be taken for the first time at this appellate stag... | 0 | 1,531 | 208 | ### Instruction:
Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding.
### Input:
that there must be a complaint from any customer regarding adulteration in the food article and held ... |
P. Dasaratharama Reddy Complex Vs. Government of Karnataka and Ors. | which arose for consideration in Karnataka State Road Transport Corporation and Anr. v. M. Keshava Raju (supra) was whether the appointment of Arbitrator under Section 11 of the 1996 Act was proper. The facts of that case show that on an application filed by the Respondent under Section 11 of the 1996 Act, the Designat... | 0[ds]14. In Mysore Construction Co. v. Karnataka Power Corporation Limited and Ors. (supra), the learned Designated Judge referred to the passage from Russell on Arbitration (19th Edition, page 59), the judgments of this Court in K.K. Modi v. K.N. Modi and Ors. (supra), Chief Conservator of Forests, Rewa v. Ratan Singh... | 0 | 12,735 | 4,252 | ### 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:
which arose for consideration in Karnataka State Road Transport Corporation and Anr. v. M. Keshava Raju (supra) was wheth... |
Rashid Vs. State of West Bengal | down in Art. 22 observed after referring to other clauses of Article 22 : "Apart from these enabling and disabling provisions certain procedural rights have been expressly safeguarded by clause (5) of Art. 22. A person detained under a law of preventive detention has a right to obtain information as to the grounds of d... | 1[ds]We do not attach any importance to the petitioners averment that he had been arrested in December, 1971 in connection with some other cases for the simple reason that he was admittedly detained under the impugned detention order with effect from January 5, 1972. His earlier arrest in connection with some other cas... | 1 | 2,073 | 519 | ### 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:
down in Art. 22 observed after referring to other clauses of Article 22 : "Apart from these enabling and disabling provision... |
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