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Davenport & Co. Pvt. Ltd Vs. Commissioner Of Income -Tax, West Bengal | consideration in the appeal before usAnother authority on which the decision in Raghunath Prasads case relies is State of Andhra Pradesh v. Kolla Sree Ramamurthy, which is also a case under the Madras General Sales Tax Act, 1939. The respondent in that case, a dealer in gunny bags, purchased gunnies from the mills on t... | 0[ds]The observation made in this context does not also seem to us relevant to the question under consideration in the appeal beforeagain, the question that was considered has hardly any connection with section 24 of the Indian Income-tax Act, 1922, and the observations made in this case cannot be a guide to the soluti... | 0 | 3,139 | 618 | ### 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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consideration in the appeal before usAnother authority on which the decision in Raghunath Prasads case relies is State of ... |
Nav Rattanmal And Others Vs. The State Of Rajasthan | suit between the Government on the one hand and private individuals on the other.12. First and foremost there is this feature that the Limitation Act, though a statute of repose and intended for quieting titles, and in that sense looks at the problem from the point of view of the defendant with a view to provide for hi... | 0[ds]This argument was rejected by the courts below and, in our opinion, correctly. In the face of the receipt executed by Lal Chand Kothari it would not be open to him to contend that the recitals in it were not correct, and in any event it would be for him to show that it was incorrect and, of course, there was no po... | 0 | 3,237 | 1,524 | ### 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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suit between the Government on the one hand and private individuals on the other.12. First and foremost ther... |
VITHALDAS JAGANNATH KHATRI (D) THROUGH SMT. SHAKUNTALA ALIAS SUSHMI Vs. THE STATE OF MAHARASHTRA REVENUE AND FOREST DEPARTMENT | included even in the family unit in terms of the definition contained under Section 4, which reads as under: Section 4 - Land held by family unit (1) All land held by each member of a family unit, whether jointly or separately, shall for the purposes of determining the ceiling area of the family unit, be deemed to be h... | 1[ds]19. The legislation in question is a beneficial piece of legislation and, indeed, must be given the widest amplitude, the object being to distribute land among the landless. The preamble quoted aforesaid sets forth the object of the said Act. But, it is equally true that in giving wider amplitude to such legislati... | 1 | 8,795 | 2,758 | ### 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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included even in the family unit in terms of the definition contained under Section 4, which reads as unde... |
PUNJAB FINANCIAL CORPORATION Vs. M/S PAULBRO LEATHERS PVT. LTD | Abhay Manohar Sapre, J. 1. Leave granted.2. These appeals are directed againstthe final judgment and order dated 14.11.2014 passed by the High Court of Punjab & Haryana at Chandigarh in CM No.12188/2014 inC.W.P.No.15042/2003 and final order dated 01.08.2013 in CWP No.15042/2003(O&M).3.Few facts need mention infra for t... | 1[ds]14. The need to remand the case to the High Court has occasioned because we find that the High Court essentially proceeded to allow the writ petition on the ground that since the whole issue was settled with consent and no objection was raised by the appellant at any point of time, the issue now can not be allowed... | 1 | 942 | 330 | ### Instruction:
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Abhay Manohar Sapre, J. 1. Leave granted.2. These appeals are directed againstthe final judgment and or... |
M/S Japan Airlines Co.Ltd Vs. Commr.Of Income Tax,New Delhi | those standards are to be adhered to. Further, there has to be proper runway lighting, runway safety area, runway markings etc. Technical specifications for such lighting, safety area and markings are stipulated which have to be provided. Insofar as runway lighting is concerned which is essentially used at airports tha... | 1[ds]of the Act, which was inserted by Finance Act, 1994 w.e.f. June 01, 1994, provides for deduction of tax at source in respect of payment of rent by any person, other than an individual and a hindu undivided family, at the time of payment or credit, whichever is earlier. The rate at which deduction of tax is to be m... | 1 | 4,197 | 944 | ### Instruction:
Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document.
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those standards are to be adhered to. Further, there has to be proper runway lighting, runway saf... |
Harjinder Singh Vs. Punjab State Warehousing Corp | courts have come to recognize, an imperfect way of referring to the real obstacle to enforcing any kind o contractual limitation on the employers right of discharge, i.e. lack of consideration. If there is anything in contract law which seems likely to advance the present inquiry, it is the growing tendency to protect ... | 1[ds]10. We have considered the respective submissions. In our opinion, the impugned order is liable to be set aside only on the ground that whileinterfering with the award of the Labour Court, the learned Single Judge did not keep in view the parameters laid down by this Court for exercise of jurisdiction by the High ... | 1 | 8,505 | 954 | ### Instruction:
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courts have come to recognize, an imperfect way of referring to the real obstacle to enforcing any kind o ... |
B. Muthukrishnan (dead) by L.Rs Vs. S.T. Reddiar Educational and Charitable Trust and Ors | Abhay Manohar Sapre, J.1. These appeals are directed against the order dated 20.08.2008 passed by the High Court of Kerala at Ernakulam in I.A. No. 3280 of 2008 in R.F.A. No. 474 of 2008 by which the Division Bench of the High Court modified the order dated 28.07.2008 in I.A. No. 2907/88 granting stay and the order dat... | 0[ds]4. It is not in dispute that the impugned orders are interim in nature having been passed in pending Regular First Appeal filed by the Defendants (Respondents herein) against the judgment and decree dated 11.03.2008 passed by the Trial Court in O.S. No. 1 of 2003, which decreed the Plaintiffs (Appellants) suit. It... | 0 | 359 | 96 | ### Instruction:
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Abhay Manohar Sapre, J.1. These appeals are directed against the order dated 20.08.2008 passed by the High... |
Sarla Performance Fibers Limited and Ors Vs. Commissioner of Central Excise | the two-Judge Bench referred to the decision in SIV Industries Ltd. (supra) and opined that:- "A similar issue fell for consideration of this Court in SIV Industries Ltd. (supra) In that case, the assessee was a 100% EOU. Later on, they sought permission to withdraw from 100% EOU Scheme, for which the Ministry accorded... | 1[ds]we may refer to the authority in NCC Blue Water Products Ltd. (supra). In the said case, the tribunal has held that the duty of Central excise on shrimps and shrimp seeds produced and removed by the assessee-respondent, a 100% export-oriented unit (EOU), in the Domestic Tariff Area (DTA) without the approval of th... | 1 | 9,120 | 1,704 | ### Instruction:
Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction.
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the two-Judge Bench referred to the decision in SIV Industries Ltd. (supra) and opined that:- "A similar issue fell for cons... |
Valliammai Achi Vs. Nagappa Chettiar & Ors | Pallaniappa had either to confirm the disposition or dissent from it, and his conduct showed that he had confirmed it for he took out probate. Therefore, it must be held that after probate was taken out the residue became the absolute property of Pallaniappa and lost its character as joint Hindu family property.9. Now ... | 0[ds]9. Now it is clear from S. 180 that after the legatee elects to dissent from the will he must give up any benefits provided for him by the will. This shows that election under S. 180 would only arise where the legatee derives some benefit from the will to which he would not be entitled except for the will. In such... | 0 | 2,472 | 1,069 | ### 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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Pallaniappa had either to confirm the disposition or dissent from it, and his conduct showed that he ha... |
NATIONAL HIGHWAYS AUTHORITY OF INDIA Vs. M/s. PROGRESSIVE CONSTRUCTION LTD | INDU MALHOTRA, J. 1. Leave granted. 2. The present Appeal arises out of the Judgment passed under Section 34 of the Arbitration and Conciliation Act, 1996 wherein the Single Judge vide Order dated 10.04.2019 has substantially set aside the Award dated 27.04.2016 passed by a three-member tribunal. It has been observed t... | 1[ds]5. During the pendency of the present Appeal, the parties agreed to a fresh adjudication of all the claims and counter claims made by the parties before a Sole Arbitrator to be appointed by this Court. | 1 | 244 | 43 | ### Instruction:
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INDU MALHOTRA, J. 1. Leave granted. 2. The present Appeal arises out of the Judgment passed under Secti... |
UNION OF INDIA, THROUGH THE SECRETARY MINISTRY OF ENVIRONMENT AND FOREST Vs. TRILOK S. BHANDARI & ORS | the appointments made on the recommendations of the review selection committee by notifications dated 8th July, 2005 and 4th/5th October, 2005 was never a subject matter of challenge and the judgment on which the reliance was placed of this Court was dealing with the appointments and selections made of the officers in ... | 1[ds]19. It is not disputed that respondent no. 13 who could not be appointed on the recommendations of the review selection committee in the year 2005 and also for the subsequent year vacancies in the IFS cadre but as a member of the State Forest Service, his pay scale at least could not have been detrimental to his i... | 1 | 2,552 | 322 | ### 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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the appointments made on the recommendations of the review selection committee by notifications dated 8... |
M/s Rajankumar and Brothers (Impex) Vs. Oriental Insurance Company Ltd | Respondent had waived the breach of warranty before the Appellants claim, by incorporating Clause 5.2 of the Policy. 6.3 We may now turn to whether the Respondent waived the breach of warranty by its conduct or any representation. During the course of arguments, it was put to the learned counsel for the parties whether... | 1[ds]5. With respect to the first issue, it is not disputed that both the Cover Note and the Marine Insurance Policy stated that the ICC would be one of the warranties/terms of insurance. Additionally, Clause 6 of the Cover Note, as mentioned supra, prescribed that the subject vessel needed to conform to the current IC... | 1 | 10,624 | 3,168 | ### Instruction:
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Respondent had waived the breach of warranty before the Appellants claim, by incorporating Clause 5.2 of the Policy. 6.3 We... |
M/S. Haji Esmail Noor Mohammad & Co. And Ors Vs. The Competent Officer, Lucknow & Ors | by the State Government, had his main office at Mussoorie in Uttar Pradesh, heard the appeal at Allahabad and dismissed it there. Later on, his main office was shifted to Delhi. Section 2 (a) of the Evacuee Interest (Separation) Act, l951 (Act No. 64 of 1951) defines "appellate officer thus :"appellate" officer means a... | 0[ds]In the instant case, from the narration of the facts it is clear that Abdul Latif Hajee Esmail, in view of the disturbed conditions, went away to Pakistan in the year 1948 and therefore, he was an evacuee within the meaning of the U. P. Ordinance 1 of 1949 . His property , i. e., his interest in the partnership bu... | 0 | 5,139 | 1,028 | ### Instruction:
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by the State Government, had his main office at Mussoorie in Uttar Pradesh, heard the appeal at Allahabad and dismissed i... |
Pratap Singh Yadav Vs. Haryana Urban Development Authority and Ors | direct the Chief Administrator, HUDA to hold a preliminary fact finding inquiry into the above aspects and submit a report to this court setting out the circumstances in which the developments referred to above have taken place while the matter was sub judice before the State Commission and the National Commission. Tho... | 1[ds]As regards the complicity of officials of HUDA in the entire process, the preliminary report submitted to this court by the Chief Administrator, HUDA leaves no room for taking a lenient view either by HUDA or by this Court. HUDA is bound to take proper disciplinary action against those found responsible and to sui... | 1 | 2,149 | 629 | ### Instruction:
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direct the Chief Administrator, HUDA to hold a preliminary fact finding inquiry into the above aspect... |
Indian Mineral & Chemicals Co. & Others Vs. Deutsche Bank | the cause of action arose within the jurisdiction of the Calcutta High Court. The learned Single Judge dismissed the application.9. The Division Bench accepted the submission of the respondent that although the pleadings in the plaint showed that the Calcutta High Court had jurisdiction to entertain the suit, the averm... | 1[ds]10. We are of the opinion that the learned Judges erred in revoking leave under clause 12 of the Letters Patent in view of the clear assertions made in the plaint and the assertions in a plaint must be assumed to be true for the purpose of determining whether leave is liable to be revoked on a point ofThe Division... | 1 | 2,034 | 387 | ### Instruction:
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the cause of action arose within the jurisdiction of the Calcutta High Court. The learned Single Judge dismi... |
New Gujarat Cotton Mills Limited Vs. Labour Appellate Tribunal & Others | apparent on the face of the record.12-a. Mr. Palkhiwala urged that the error apparent on the face of the record is an error which can be demonstrated without fresh evidence; but if that be the test it would in effect be converting this Court exercising jurisdiction to grant high prerogative writs, into a Court exercisi... | 0[ds]The employees in this case applied to the New Company fort but the New Company declined to accede to that request. The requirements of the Proviso to(4) are, therefore, fulfilled. A claim fornt must be deemed to fall within item (6) to Sch. III to the Act. The dispute raised by the employees expressly fell within ... | 0 | 5,801 | 1,905 | ### Instruction:
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apparent on the face of the record.12-a. Mr. Palkhiwala urged that the error apparent on the face of the record is an error... |
SATYA DEV BHAGAUR & ORS Vs. THE STATE OF RAJASTHAN AND ORS | could have been taken. It is equally immaterial if it can be demonstrated that the policy decision is unwise and is likely to defeat the purpose for which such decision has been taken. Unless the policy decision is demonstrably capricious or arbitrary and not informed by any reason whatsoever or it suffers from the vic... | 0[ds]15. From the material placed on record, it appears that the policy of the State of Rajasthan is that while selecting Nurse Compounder Junior Grade, the bonus marks are to be given to such employees who have done similar work under the State Government and under the various schemes. The question thus, would be whet... | 0 | 2,816 | 1,244 | ### Instruction:
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could have been taken. It is equally immaterial if it can be demonstrated that the policy decision is unwi... |
Amalgamated Coalfields Ltd. & Anr Vs. Janapada Sabha Chhindwara | origin of the tax. When the first notification was issued on the 16th December, 1935 it authorised and sanctioned the imposition by the Independent Mining Local Board at Chhindwara in the Chhindwara District "of a tax at 3 pies per ton on coal, coal dust or coke, manufactured at the mines, sold for export by rail or so... | 1[ds]18. The question in the present appeals, however, is somewhat different. The notices which are challenged by the appellants in the present proceedings are in respect of the tax levied for a period different from the period covered by the notices issued on the 23rd August, 1958 which were the subject-matter of the ... | 1 | 9,083 | 2,744 | ### Instruction:
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origin of the tax. When the first notification was issued on the 16th December, 1935 it authorised and san... |
Praveen Ansari and Others Vs. State Transport Appellate Tribunal, Lucknow and Others | Section 68-F(1-C) appears to have been introduced to meet w ith the situation arising out of the inability of the Corporation to obtain all available temporary permits. Section 68-F(1-C) caters to such a situation where a scheme has been published and, therefore, the Corporation would be entitled, to tempo rary permits... | 1[ds]The Corporation has published a scheme in respect of the route. Even when a scheme is published it is open to the State Transport Authority or the Regional Transport Authority as the case may be to fix or increase the number of vehicles that may operate on the route. But the power to increase the number must be ex... | 1 | 1,980 | 1,318 | ### Instruction:
Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document.
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Section 68-F(1-C) appears to have been introduced to meet w ith the situation arising out of the ... |
Raj Bajrang Bahadur Singh Vs. Thakurain Bakhtraj Kuer | of the said villages on payment of the Government revenue as an absolute owner.5. The liability for the land revenue of the said villages will be with Dhuj Singh and his heirs and successors; the estate will have no concern with it.6. Although Dhuj Singh and his heirs are not given: the power of transfer, they will exe... | 0[ds]Thus the beneficiaries under the will are Dhuj Singh himself and his-heirs in succession and to each such heir or set of heirs the rights of malik are given but without any power of alienation. On the total, extinction of this line of heirs the properties affected by-the will are to revert to the estate. As it was... | 0 | 3,328 | 581 | ### Instruction:
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of the said villages on payment of the Government revenue as an absolute owner.5. The liability for the la... |
The Commissioner Of Income-Taxbombay Vs. E.D.Sheppard | was no enforceable agreement as between the assessee and the company which could be made the subject matter of a legal claim for damages for compensation at his instance in the event of its termination or cancellation by the company. The agency agreement in that case was terminable at the will of the company and if the... | 0[ds]We consider that both the points urged on behalf of the department are without substance and are not supported by decisions including decisions of thisview of these decisions we mustthe first contention urged on behalf of the appellant that compensation in Explanation 2 to s. 7 (1) means compensation which is paya... | 0 | 5,561 | 252 | ### Instruction:
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was no enforceable agreement as between the assessee and the company which could be made the subject matter of a legal cl... |
Modified Voluntary Retirement Scheme of 2002 of Azam Jahi Mill Workers Association Vs. National Textile Corporation Limited & Ors | action by submitting that case of 318 ex-employees is not comparable with those of 134 ex-employees as 318 ex-employees vacated the quarters and they were not in possession and that only 134 ex-employees remained in possession of the quarters. For the first time before this Court, in the counter affidavit, it is now th... | 1[ds]At the outset it is required to be noted that 318 ex- employees of the erstwhile respondent No.4 Mills prayed for equality and claimed the reliefs at par with other similarly situated 134 ex-employees of the erstwhile respondent No.4 Mills who were allotted 200 Sq. Yards of plots free of cost.9.1 It is to be noted... | 1 | 9,396 | 2,694 | ### 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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action by submitting that case of 318 ex-employees is not comparable with those of 134 ex-employees as 318 ex-employees vaca... |
M/S. Ram Chand And Sons Sugar Mills Pvt. Ltd Vs. Kanhaya Lal Bhargava & Ors | to the suit. The contension of the learned counsel for the appellant is that the director mentioned in r. 3 is the director mentioned in r. 1 thereof. To put it in other words, the director who signs and verifies the pleadings can only be required to appear personally to answer material questions relating to the suit. ... | 1[ds]Having regard to the said decisions, the scope of the inherent power of a Court under Section 151 of the Code may be defined thus: The inherent power of a Court is in addition to and complementary to the powers expressly conferred under the Code. But that power will not be exercised if its exercise is insconsisten... | 1 | 2,802 | 722 | ### Instruction:
Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document.
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to the suit. The contension of the learned counsel for the appellant is that the director mention... |
Modhusudano Mollana Vs. Kontaru Naiko & Others | the provisions of the act and the rules framed thereunder, he could not have advanced loan in excess of that amount and that his doing so made the registration of the appellant as a money-lender void and, therefore, the suit for recovery of Rs. 2,000 even was not maintainable. These contentions were not accepted by the... | 1[ds]9.We hold that in the absence of any specific provision in the Act in this case providing for the fixing of the maximum capital which a money-lender can invest in money-lending business, it was not open to the State Government to frame a rule in that regard and that the rules framed by it about mentioning, in the ... | 1 | 1,294 | 284 | ### Instruction:
Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document.
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the provisions of the act and the rules framed thereunder, he could not have advanced loan in excess of tha... |
Delhi Cloth and General Mills Company Limited and Another Vs. Union of India and Another | 1. A limited argument is addressed in this appeal that impugns the judgment and order of a Division Bench of the High Court of Rajasthan 2. The appellants manufacture type yarn cord and fabric for which purpose they import tyre cord grade wood pulp from the United States of America. The appellants were called upon to p... | 0[ds]8. Where a like article is not produced or manufactured in India additional duty is required to be levied on the imported article upon the basis of the excise duty that is leviable on the class or description of articles to which the imported article belongs. Articles which are not elsewhere described, falling und... | 0 | 674 | 117 | ### Instruction:
Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document.
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1. A limited argument is addressed in this appeal that impugns the judgment and order of a Division Bench o... |
Eurobond Industries Private Limited Vs. Euro Panel Products Private Limited & Another | hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores.22. Perusal of the agreement would reveal that the agreement specifically records that the Defendant is in the business of manufacturing of Aluminum Panel Sheets. The licence, which is given by the Plaintiff No.2 for us... | 1[ds]It is equally not permissible to interfere with the exercise of discretion under appeal solely on the ground that, if the appellate court had considered the matter at the trial stage, it would have come to a different conclusion. It has further been held that if the discretion has been exercised by the trial court... | 1 | 5,484 | 404 | ### 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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hardware; pipes and tubes of metal; safes; goods of common metal not included in other classes; ores.22... |
Godavari Sugar Mills Ltd Vs. Kepargaon Taluka Sakhar Kamgarsabha, Sakarwadi | defines an "industrial matter" as meaning any matter relating to employment, work, wages. hours of work, privileges, rights or duties of employers or employees, or the mode, terms and conditions of employment. Mr. Pathak urges that the definition of "industrial matter" contravenes the fundamental right guaranteed under... | 0[ds]We do not think it necessary for purposes of this appeal to consider what would be the ambit of employment as used in item (6) of Sch. III. The scheme of the Act shows that under Ss. 71 and 72 the jurisdiction of a labour court and an industrial court is concurrent with respect to any matters which the State Gover... | 0 | 2,940 | 1,743 | ### Instruction:
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defines an "industrial matter" as meaning any matter relating to employment, work, wages. hours of work... |
K Leelavathy Bai & Ors Vs. P V Gangadharan & Ors | by the executors on 10.1.1964 was an invalid sale. Thus, the suit property was legally available for court sale. 9. On facts, there is no dispute that the testator had originally appointed 3 persons as executors of his Will, and after the relinquishment of his duties as executor by Mr. Paramasivan, still two other exec... | 0[ds]9. On facts, there is no dispute that the testator had originally appointed 3 persons as executors of his Will, and after the relinquishment of his duties as executor by Mr. Paramasivan, still two other executors were left, namely, Smt. Suseela and Mr. E.D. Sadanandan (elder one) who continued to be the joint exec... | 0 | 3,143 | 1,065 | ### Instruction:
Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding.
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by the executors on 10.1.1964 was an invalid sale. Thus, the suit property was legally available for ... |
M/S.Bhagwati Vanaspati Traders Vs. Sr.Superin.Of Post Office,Meerut | the said business. The said provision does not have the effect of converting the proprietary business into a partnership firm. The provisions of Rule 4 of Order XXX have no application to such a suit as by virtue of Order XXX Rule 10 the other provisions of Order XXX are applicable to a suit against the proprietor of p... | 1[ds]It is not possible for us to deny relief to the appellant, based on the judgments rendered by this Court in Raja Prameeelamma case (supra) and Arulmighu Dhandayadhapaniswamy Thirukoil case (supra), in view of the fact that, the matter was never examined in the perspective determined by us hereinabove. In neither o... | 1 | 4,707 | 449 | ### Instruction:
Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction.
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the said business. The said provision does not have the effect of converting the proprietary business into a partnership fir... |
Vidya Vati Vs. Devi Das | (incoreprist) but must be accompanied by a profort in curiem of the money tendered. If the defendant can maintain this plea, although he , will not thereby bar the debt (for that would be inconsistent with uncore prist and profort in curiem) yet he will answer the action . in the sense that he will recover judgment for... | 1[ds]Now, there can be no doubt that under section 115 of theCode of Civil Procedure a revision application can lie before the High Court fro m an order made by a subordinate court only if no appeal lies from that order to the High Court. The words of limitation used in section 115 are in which no appeal lies thereto a... | 1 | 3,641 | 1,783 | ### Instruction:
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(incoreprist) but must be accompanied by a profort in curiem of the money tendered. If the defendant can maintain this pl... |
Narinder Chand Hem Raj & Ors Vs. Lt. Governor, Administrator, Union Territory,Himachal Prade | issue a mandate to alter any law.10. Section 8 of the Bombay City Land Revenue Act provides:"It shall be the duty of the Collector, subject to the orders of the. Provincial Government, to fix and to levy the assessment for land revenue.Where there is no right on the part of the superior holder in limitation of the righ... | 0[ds]It appears from the letter written by the Secretary, Excise to Government of Himachal Pradesh to the Deputy Secretary, Government of India, Ministry of Home Affairs on June 24, 1967 and from the letter written by the Chief Secretary to the Himachal Pradesh Government to the Additional Secretary (U. T.) to the Gove... | 0 | 3,679 | 1,570 | ### Instruction:
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### Input:
issue a mandate to alter any law.10. Section 8 of the Bombay City Land Revenue Act provides:"It shall be the... |
Thakur Pratap Singh Vs. Shri Krishna Gupta & Ors | the other along broad based, commonsense lines. This principle was enunciated by Viscount Maugham in - Punjab Co-operative Bank Ltd., Amritsar v. Income-tax Officer, Lahore, AIR 1940 PC 230 at p. 233 (B) and was quoted by the learned High Court Judges :"It is well settled general rule that an absolute enactment must be... | 1[ds]3. We do not think that is right and we deprecate this tendency towards technicality; it is the substance that counts and must take precedence over mere form. Some rules are vital and go to the root of the matter : they cannot be broken; others are only directory and a breach of them can be overlooked provided the... | 1 | 1,603 | 224 | ### 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 other along broad based, commonsense lines. This principle was enunciated by Viscount Maugham in - Punjab... |
Filmistan Private, Limited Vs. Its Workmen and Another | the parties, the respondents agreeing to take one months bonus instead of two months which had been awarded by Sri Meher.5. The finding which the tribunal appears to have made in the present proceedings in regard to the character of the balance sheets is very vague and gives us no indication as to what extent the tribu... | 1[ds]In our opinion, Sri Aggarwals contention isand must be upheld.In considering the problem of the revision of thethe tribunal has no doubt referred to the true legal position which governs the decision of such questions. It has observed that the financial position of the employer is one of the relevant factors which... | 1 | 1,938 | 1,319 | ### Instruction:
Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages.
### Input:
the parties, the respondents agreeing to take one months bonus instead of two months which had been awarde... |
OFFICIAL LIQUIDATOR, M/S. METALLIC SOAPS & CHEMICALS (PVT.) LTD Vs. MANAGER, KARNATAKA STATE FINANCIAL CORPORATION | a financial corporation or the Court which has been approached under Section 31 of the SFC Act to sell the assets may not be taken away, but the same stands restricted by the requirement of the Official Liquidator being associated with it, giving the Company Court the right to ensure that the distribution of the assets... | 0[ds]7. A perusal of the impugned order shows that the reasoning of the Division Bench is predicated on the judgment of this Court in Rajasthan State Financial Corporation and Anr. vs. Official Liquidator and Anr. [2005 (8) SCC 190 ].17. Thus, on the authorities what emerges is that once a winding-up proceeding has com... | 0 | 3,455 | 991 | ### Instruction:
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:
a financial corporation or the Court which has been approached under Section 31 of the SFC Act to sell the assets may not ... |
M/S. Ram Narain Sons Ltd Vs. Asst. Commissioner Of Sales Tax And Others(And Other Case | article 286(1)(a) read with the Explanation.Apart from the construction thus put upon the several clauses of article 286 by the majority of the Judges in The Bengal Immunity Co.s Appeal as above, the terms of the Proviso itself make it abundantly clear that the proviso is meant only to lift the ban under article 286(2)... | 1[ds]We are unable to accept this contention. As held by the majority Judges in The Bengal Immunity Co.s Appeal, the bans imposed by article 286 on the taxing powers of the States are independent and separate and each one of them has to be got over before a State Legislature can impose tax on transactions of sale or pu... | 1 | 3,893 | 2,356 | ### 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:
article 286(1)(a) read with the Explanation.Apart from the construction thus put upon the several clauses of... |
Management Of Murgugan Mills Ltd Vs. Industrial Tribunal Madras And Anotmr | therefore, held that the industrial tribunal had jurisdiction to entertain the application under S. 33-A in the circumstances. Finally he held that as the tribunal had held on the merits that the charge against the respondent of dereliction of duty was not made out, the writ petition must fail. The appellant then went ... | 1[ds]7. It is, however, urged on behalf of the appellant that the tribunal found that the case under S. 33 (2) (b) had not been made out. It also found that the case which had been made out was one under S. 33 (2) (a). It then went onto hold that the proviso applied to S. 33 (2) (a). The appellant contends that the vie... | 1 | 2,213 | 723 | ### 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:
therefore, held that the industrial tribunal had jurisdiction to entertain the application under S. 33-A i... |
KEWAL KRISHAN Vs. RAJESH KUMAR & ORS. ETC | District Court that there was no evidence adduced to show that Sudarshan Kumars wife and minor children paid consideration as shown in the sale deeds. In fact, before the District Court, it was pleaded that Sudarshan Kumars wife had brought some money from her parents. The District Court in paragraph 11 of the judgment... | 1[ds]12. We have given our careful consideration to the submissions. The case made out by the respondents in their written statement was that Sudarshan Kumar, who was employed abroad, remitted large amounts to the appellant, his younger brother, who was unemployed at that time. The case of the respondents was that Suda... | 1 | 3,683 | 1,125 | ### 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:
District Court that there was no evidence adduced to show that Sudarshan Kumars wife and minor children... |
Ajab and Others Vs. State of Maharashtra | AHMADI, J. 1. In Sessions Case 13 of 1974, 23 persons were arraigned before the learned Additional Sessions Judge, Yavatmal for the commission of offences punishable under Section 147, 201, 216, 332 and 295, IPC. The learned judge convicted accused 2 and 17 to 21 under the aforesaid provisions and sentenced them to var... | 1[ds]5. Taking the last point first, we see merit in the contention that the conviction under Section 216 is wrong. Under that section person who harbours or conceals an offender who has escaped from custody or whose apprehension is ordered is liable for punishment if he has done so to prevent the offenders apprehensio... | 1 | 1,106 | 253 | ### 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:
AHMADI, J. 1. In Sessions Case 13 of 1974, 23 persons were arraigned before the learned Additional Sess... |
E. M. Muthappa Chettiar Vs. The Income-Tax Officer, Specialcircle, Coimbatore | expenditure. The sum of Rs. One lakh odd was due by them to the firm and in fact had claimed to deduct that entire sum as part of their business expenditure. The sum of Rs. one lakh odd was therefore held to have accrued to the firm as its income and that this remained unaffected by the existence of the cross claim. Th... | 0[ds]1) That on the facts of the present case the appellant is precluded from pleading that the firm had been dissolved at the date of the assessment in 1951 and from raising any objection to the representative character of Thyagrajan Chettiar, (2) That on a proper construction of the provisions of the Excess Profits T... | 0 | 4,783 | 929 | ### Instruction:
Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document.
### Input:
expenditure. The sum of Rs. One lakh odd was due by them to the firm and in fact had claimed to d... |
V.N.Vasudeva Vs. Seth Kirorimal Luhariwala | by the tenant within one month of the date on which the standard rent is fixed or such further time as the Controller may allow in this behalf..................(6) If a tenant makes payment or deposit as required by sub-section (1) or sub-section (3), no order shall be made for the recovery of possession on the ground ... | 0[ds]The letter itself does not show that there was any such agreement.In fact it shows the contrary where itbalance of your fees will be paid latter at the time of finalshows that the appellant was not entitled to retain the rent in his hands, and the Tribunals below were justified in saying that the plea about theagr... | 0 | 3,762 | 734 | ### 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:
by the tenant within one month of the date on which the standard rent is fixed or such further time as the... |
Mir Ghulam Hussain & Ors Vs. Union Of India & Ors | written at the close of each financial year and are required to be completed before the end of that year and any adverse entry made against an officer has to be communicated to that officer so that the officer concerned can make a representation about such remarks. It is alleged that in the particular year concerned i.... | 0[ds]Shri Damley, the Chairman of the Union Public Service Commission has himself rebutted this allegation in an affidavit in which he says that he reached Srinagar actually on 12 September 1968 and that the selection committee had two sessions on 13 September 1968. Shri Damley states that the total number of eligible ... | 0 | 3,396 | 1,727 | ### 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:
written at the close of each financial year and are required to be completed before the end of that year and any adverse ent... |
M/S. Shree Om Enterprises Pvt Ltd Vs. Bses Rajdhani Power Ltd | behalf of the plaintiff in the telegram dated 01.04.1992 (Ex.P-12) was, therefore, an after thought. In so far as the oral evidence of PW 1 is concerned it is submitted that the said witness had been inconsistent inasmuch as while denying that any inspection was carried out on 14.06.1991 in his examination-in-chief, th... | 0[ds]It is from the aforesaid limited perspective that we had persuaded ourselves to go into the matter. On such consideration we find that the plaintiff in its reply dated 6.1.1992 submitted in response to the notices issued by the Defendant on 6.11.1991 and 3.12.1991 had only asserted that it is engaged in the manufa... | 0 | 2,519 | 589 | ### 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:
behalf of the plaintiff in the telegram dated 01.04.1992 (Ex.P-12) was, therefore, an after thought. In so fa... |
Tufail (Alias) Simmi Vs. State of Uttar Pradesh | Exhibit Ka-2, on September 21, 1966.8. Both the learned Sessions Judge, as well as the High Court on appeal, have accepted as true the evidence of the witnesses, referred to above, and have further held that the five circumstances, relied on by the prosecution, have been fully established. Taking all the circumstances ... | 0[ds]We are satisfied that neither of these contentions can be accepted.10. The conviction of the appellant in this case is based upon circumstantial evidence and the High Court and the Sessions Judge have accepted as true the evidence of the witnesses who speak to the various circumstances relied on by the prosecution... | 0 | 2,226 | 704 | ### 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:
Exhibit Ka-2, on September 21, 1966.8. Both the learned Sessions Judge, as well as the High Court on appeal, have accepted a... |
Prakash & Another Vs. State of Madhya Pradesh | favour because they were entitled to benefit of doubt. Even in the case of Shiv Narayan, the High Court has not accepted the prosecution case that Shiv Narayan had himself inflicted knife injuries on the deceased, although Shiv Narayan was found to have taken very active part in the matter of inflicting injuries on the... | 0[ds]11. After giving our anxious consideration to the facts and circumstances of the case and the arguments advanced by the counsel for the parties and judgment delivered both by the Additional Sessions Judge and theof Madhya Pradesh, it appears to us that the fatal injuries had been inflicted by Prakash with the gupt... | 0 | 4,279 | 703 | ### 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:
favour because they were entitled to benefit of doubt. Even in the case of Shiv Narayan, the High Court has not accepted t... |
Collector of Central Excise Vs. Fusebase Eltoto Limited | contains the following entry at Serial No. 10: ---- "10. 85.28 (i) television sets in combination Twenty-five per cent with, video recording or ad valorem reproducing apparatus. (ii) Video monitors and Video Twenty five per cent ad valorem" projectors. ------5. The claim of respondent for grant of exemption under Notif... | 1[ds]7. The Collector (Appeals) upheld the above quoted findings of the Assistant Collector. The Tribunal did not touch the question as to how the products called "broadcast television receiver set" is identified by the class or section of people dealing with or using the product. That is the test to be followed when t... | 1 | 1,551 | 552 | ### 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:
contains the following entry at Serial No. 10: ---- "10. 85.28 (i) television sets in combination Twenty-five per cent with... |
Hindustan Lever Ltd Vs. S.M. Jadhav | was a settlement between the management of M/s. Brooke Bond Lipton India Limited and the All India Brooke Bond Employees Federation. By this it was, inter alia, agreed that the age of the employees would be decided on the basis of the birth certificate and school or university certificate. It was agreed that in future ... | 1[ds]It is settled law that at the fag end of career, a party cannot be allowed to raise a dispute regarding his date of birth. The case of the 1st respondent that he had intimated the Company in 1953 itself is not believable. In the application, which had been filed by the 1st respondent he himself had given his date ... | 1 | 1,353 | 401 | ### 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:
was a settlement between the management of M/s. Brooke Bond Lipton India Limited and the All India Broo... |
Gorakhram Sadhuram Vs. Laxmibai Wife Of Inderlal Nandlal | willing to give anything to him and to his father, but that he was willing to transfer the house to his wife, that he and his father agreed not to object to the auction sale if Murlidhar agreed to transfer the Malad house to his wifes name, and that the terms of the agreement were settled between Murlidhar on the one h... | 0[ds]The letter ofin clear terms states that the bungalow was to be transferred in the name of the plaintiff and the expenses of the conveyance were to be borne by her and that the diamond ring was to be given to her.The letter ofacceptance given by the appellants accepted this proposal. It proceeded however to state t... | 0 | 3,966 | 1,592 | ### 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:
willing to give anything to him and to his father, but that he was willing to transfer the house to his wife, tha... |
Zenith Infortech Limited & Others Vs. The Bank of New York Mellon London Branch & Another | payment to be made to the FCCB bond holders over a three year period in certain proceedings which were pending before the Securities Appellate Tribunal in appeal against an order passed by SEBI. On 4 July 2013, the Company Petition for winding up was fixed for hearing on 26 July 2013. In order to forestall the hearing ... | 0[ds]10. In the present case, the material on record would indicate that the Company is unable to pay its debts. The Learned Single Judge has noted that on 17 June 2013, the Company made a settlement proposal for payment to be made to the FCCB bond holders over a three year period in certain proceedings which were pend... | 0 | 4,680 | 1,122 | ### 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:
payment to be made to the FCCB bond holders over a three year period in certain proceedings which were pending before the ... |
Gauri Shankar Vs. State of Uttar Pradesh | (XXXVII of 1923) by the expression "notification under Section 4". But the experience of working of the Act indicated that declarations under Section 6 were issued long after publication of notification under Section 4 even where urgency clause was Invoked resulting in grave injustice to the land owners. Consequently t... | 0[ds]It is not fully inconsistent and are not absolutely irreconcilable. Both doin relation to the procedure prescribed under the Acts. The Act doesindependently without in any way colliding with the L.A. Act. Therefore, Section 55 and the Schedule did not become void.It would thus be clear that in case of legislation ... | 0 | 15,884 | 2,904 | ### 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:
(XXXVII of 1923) by the expression "notification under Section 4". But the experience of working of the... |
Tara Chand Vs. State of Rajasthan and Others | corpus on behalf of Shri Shishupal (hereinafter called the detenu) who has been preventively detained in pursuance of an order passed under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter called the COFEPOSA). The detention order was passed by Shri L. N... | 1[ds]9. In spit of these evasive answer contained in para 21, it is clear that the representation dated February 23, 1980 of the detenu made by him through the jail authorities reached the detaining authority only on March 27, 1980. It was substantially in the same terms as the representation addressed to the Central G... | 1 | 1,146 | 335 | ### 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:
corpus on behalf of Shri Shishupal (hereinafter called the detenu) who has been preventively detained in pursuance of an o... |
Tata Iron & Steel Co. Ltd Vs. Commnr. Of Central Excise & Customs | Note to Rule 4 is concerned it is no doubt true that the Interpretative Notes are part of the Rules and hence statutory. However, the question is one of their applicability. The part of Interpretative Note to Rule 4 relied on by the Tribunal has been couched in a negative form and is accompanied by a proviso. It means ... | 1[ds]11. A perusal of the order of the Tribunal shows that it has mainly proceeded on two sets of reasoning for holding against the appellant. Firstly, the Tribunal has examined the applicability of Rule 9(1)(b)(iv) and formed an opinion that benefit thereofwas not available tothe appellant. By reference to the Interpr... | 1 | 4,944 | 1,858 | ### 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:
Note to Rule 4 is concerned it is no doubt true that the Interpretative Notes are part of the Rules and... |
K. Suresh Vs. New India Assurance Co.Ltd | of earning capacity as a result of the permanent disability would be approximately the same as the percentage of permanent disability in which case, of course, the court or tribunal would adopt the said percentage for determination of compensation. To arrive at the said conclusion reliance was placed on Arvind Kumar Mi... | 1[ds]27. Presently to the grant of compensation on other scores. It is noticeable that the High Court has reduced the additional medical expenses from Rs.2,00,000/- to Rs.50,000/-. In our considered opinion, the same is not correct as there is ample evidence on record as regards the necessity for treatment in future. I... | 1 | 5,708 | 581 | ### Instruction:
Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding.
### Input:
of earning capacity as a result of the permanent disability would be approximately the same as the percentage of ... |
Mohammad Raofuddin Vs. The Land Acquisition Officer | adjoining property towhom it may have somevery special advantage". 12. Thus, comparable sale instances of similar lands in the neighbourhood at or about the date of Notification under Section 4(1) of the Act are the best guide for determination of the market value of the land to arrive at a fair estimate of the amount ... | 0[ds]15. Therefore, the scope of interference in such matters is very limited and it is only in cases where it is found that the authorities below have either applied wrong principles or have omitted to take into consideration some important point affecting valuation, that this Court can interfere.16. Bearing these pri... | 0 | 3,545 | 574 | ### 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:
adjoining property towhom it may have somevery special advantage". 12. Thus, comparable sale instances of similar lands in... |
State of Orissa and Another Vs. Gobinda Rath | 181 mds. 36 1/4 srs. of fish to dealers belonging to other States and 19 mds. 3 1/2 srs. to local dealers. It is further ascertained that the sale price of the fish was Rs. 45 per maund during the quarter under assessment. On the basis of the above data, I determine his gross turnover at Rs. 9, 044-11-6 or Rs. 9, 045. ... | 0[ds]We are unable to agree. In Appeal No. 710 of 1957 we proceeded on an admission made on behalf of the assessee that the sales under consideration there were completed in Orissa, and we held that in view of that admission it was unnecessary to consider the second proviso to section 2(g) of the Orissa Sales Tax Act, ... | 0 | 1,376 | 296 | ### 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:
181 mds. 36 1/4 srs. of fish to dealers belonging to other States and 19 mds. 3 1/2 srs. to local dealers. It... |
Parimisetti Seetharamamma Vs. Commissioner Of Income-Tax, Hyderabad | Sita Devi, and that she was described as the Private Secretary to Sita Devi in a "bill" issued by the Bombay garage Ltd., and that in any event it was for the appellant to prove her case of gift. The Tribunal then observed that the word "income" is not precisely defined in the Act and the Act seeks to bring to tax all ... | 1[ds]9. In the view of the Income-tax Appellate Tribunal, in determining the question whether receipts by the appellants represented income liable to be brought to tax under the Income-tax Act, it could not be said that there were no materials justifying the Department in treating the assessee as being an employee of S... | 1 | 3,543 | 1,248 | ### 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:
Sita Devi, and that she was described as the Private Secretary to Sita Devi in a "bill" issued by the Bombay... |
Evans Fraser (India) Limited Vs. Trig Detectives Private Limited | faith nor based on substantial defence, it would be open to the court to direct admission of the petition, even while giving option to the company to have the petition deferred pending payment of part of the amount and adequate security in respect of the balance. It is necessary in such cases to strike a reasonable bal... | 1[ds]There is no dispute that the respondent company had submitted its offer dated 16th March, 2000 to the appellant company for providing security guard personnel at the stated rates to the appellant Company. The appellant company vide its letter dated 13th April, 2000 had agreed to the terms and conditions and had mo... | 1 | 4,779 | 1,277 | ### 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:
faith nor based on substantial defence, it would be open to the court to direct admission of the petiti... |
State Bank Of India Vs. M. Selvaraj Daniel | the reference to the Sastry Tribunal. This was dealt with in Chapter XIII of the award in four sections. Section I sets out the different contentions raised by the employer and the workmens Counsel. Thus, after mentioning that the employees generally asked for point to point adjustment, i.e., placing of each employee a... | 0[ds]12. The above considerations had no application to the workmen who were directed to be fitted into the new scale of pay on a point to point basis as though it had been in force since they joined the service of the Bank. On the basis that the new scale was in force at the date when the workmen joined the service of... | 0 | 2,111 | 319 | ### 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:
the reference to the Sastry Tribunal. This was dealt with in Chapter XIII of the award in four sections. Sec... |
Commnr. of Central Excise, Hyderabad IV Vs. Stangen Immuno Diagnostics | Excise Act, the connection must be of such a nature that it reflects on the aspect of manufacture and deal with quality of the products. No hard and fast rule can be laid down however it is possible that words which merely indicate the party who is marketing the product may not be sufficient. As we are not dealing with... | 1[ds]6. Explanation VIII defines that brand name or trade name. As per this explanation, it would be a name or a mark, such as symbol, monogram, label, signature or invented word or writing which is used in relation to such specified goods for the purpose of indicating, or so as to indicate a connection in the course o... | 1 | 3,610 | 1,050 | ### 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:
Excise Act, the connection must be of such a nature that it reflects on the aspect of manufacture and deal w... |
Hamdard Dawakhana Wakf Vs. Its Workmen and Others | the character of the said evidence. Shamsul Zamans case was that on the day in question when he went to his seat, he found that Mohammad Mian was sitting with the salary register and was looking into it. He then asked Mohammad Mian to leave his seat, but Mohammad Mian did to like it. Then he told Mohammed Mian that he ... | 1[ds]The fact that a part of the profits would not be taxed is irrelevant for the purpose of the formula. This point was, however, not raised before the tribunal and we do not think it would be right to allow this point to be raised for the first time in appeal; as the tribunal has pointed out, the amount of Rs. 68, 00... | 1 | 3,579 | 1,399 | ### 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:
the character of the said evidence. Shamsul Zamans case was that on the day in question when he went to his ... |
Ravi Vs. Badrinarayan and Others | does not smack of a concocted case which has been filed against the driver and the owner of the vehicle only with an intention to get compensation. 20. It is well-settled that delay in lodging FIR cannot be a ground to doubt the claimants case. Knowing the Indian conditions as they are, we cannot expect a common man to... | 1[ds]21. The purpose of lodging the FIR in such type of cases is primarily to intimate the police to initiate investigation of criminal offences. Lodging of FIR certainly proves factum of accident so that the victim is able to lodge a case for compensation but delay in doing so cannot be the main ground for rejecting t... | 1 | 3,005 | 873 | ### Instruction:
Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences.
### Input:
does not smack of a concocted case which has been filed against the driver and the owner of the vehicle only with an inten... |
Vikram Dhillon Vs. State Of Haryana & Orsz | infringement of the indefeasible right to life of the citizen is, therefore, useful and at time perhaps the only effective remedy to apply balm to the wounds of the family members of the deceased victim, who may have been the breadwinner of the family. In Chairman, Railway Board v. Chandrima Das, (2002) SCC 465, a poor... | 0[ds]The said action was totally illegal, arbitrary and malicious. The petitioner was, therefore, entitled to get admission in Government Medical College, Rohtak, when respondent No. 6 Anusha Singh was admitted. Since he was denied admission and his right was ignored, he is entitled to the difference in payment of fee ... | 0 | 7,737 | 2,504 | ### 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:
infringement of the indefeasible right to life of the citizen is, therefore, useful and at time perhaps the... |
M/S Navodaya Mass Entertainment Ltd Vs. M/S J.M.Combines | installed the equipment on 16.04.1999 and it started functioning from the said date. The appellant defaulted in making the payments from the year 2000-2001 onwards. Despite repeated demands, the appellant failed to make the payments, hence notice was served to the appellant calling upon the appellant to pay the outstan... | 0[ds]We are afraid that such points, as has been tried to be contended before us, it appears, were never urged before the learned Single Judge or before the Division Bench of the High Court. The dispute between the parties has been adjudicated upon by the Arbitrator and the award has been published. The Division Bench ... | 0 | 1,362 | 397 | ### 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:
installed the equipment on 16.04.1999 and it started functioning from the said date. The appellant defa... |
Union of India and Ors Vs. M.K. Sarkar | by this Court. The decision in D.R.R. Sastri is of no assistance as it does not lay down any proposition that the last date prescribed for exercising option is not relevant or that option could be exercised at any time, even if a last date had been stipulated for exercise of the option. That case was decided on its pec... | 1[ds]12. The Tribunal in this case has assumed that being `aware of the scheme was not sufficient notice to a retiree to exercise the option and individual written communication was mandatory. The Tribunal was of the view that as the Railways remained unrepresented and failed to prove by positive evidence, that respond... | 1 | 4,349 | 585 | ### 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:
by this Court. The decision in D.R.R. Sastri is of no assistance as it does not lay down any proposition that the ... |
Vodafone Idea Limited and Ors Vs. The Union of India and Ors | applies squarely to the facts of the present case before us. Once the ratio is applied, it can be easily seen that the service recipient is the foreign telecom service provider and not the subscriber of the foreign telecom service provider who is roaming in India. 2. CST v Bayer Material Science (2015) 38 STR 1206 (Tri... | 0[ds]We have considered the said order-in-original passed on 19.07.2021 by the Deputy Commissioner of CGST & Central Excise Commissionerate and also the order in appeal dated 18.08.2021 passed by the Joint Commissioner (Appeals) and in our view the order passed in appeal by the Joint Commissioner (Appeals) is the corre... | 0 | 6,934 | 2,861 | ### 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:
applies squarely to the facts of the present case before us. Once the ratio is applied, it can be easily seen that the serv... |
Ceo, Krishna District Coop. Central Bank Ltd Vs. K Hanumantha Rao | An imprimatur to the aforesaid principle was accorded by this Court as well in Ranjit Thakur v. Union of India [(1987) 4 SCC 611 : 1988 SCC (L&S) 1 : (1987) 5 ATC 113]. Speaking for the Court, Venkatachaliah, J. (as he then was) emphasising that ?all powers have legal limits? invoked the aforesaid doctrine in the follo... | 1[ds]8. After hearing the counsel for the parties, we are of the view that the impugned judgment of the Division Bench of the High Court is unsustainable. There are more than one reason for coming to this conclusion, which are stated hereunder:(i) The observation of the High Court that accusation of lack of proper supe... | 1 | 2,931 | 418 | ### Instruction:
Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction.
### Input:
An imprimatur to the aforesaid principle was accorded by this Court as well in Ranjit Thakur v. Union of India [(1987) 4 SCC... |
Baliya @ Bal Kishan Vs. State of M.P | would rarely be hatched in the open and, therefore, direct evidence to establish the same may not be always forthcoming. Proof or otherwise of such conspiracy is a matter of inference and the court in drawing such an inference must consider whether the basic facts i.e. circumstances from which the inference is to be dr... | 1[ds]16. We have already held that in the present case, from the evidence of PWs 8 and 11, the prosecution has succeeded in establishing the conversation between the accused persons and Dr. Sandhya Swami details of which need not be repeated. In coming to the above conclusion, we had considered the arguments advanced o... | 1 | 3,506 | 750 | ### 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:
would rarely be hatched in the open and, therefore, direct evidence to establish the same may not be always forthcoming. ... |
Commnr. Of Central Exice, New Delhi Vs. M/S. Modi Alkalies & Chem. Ltd. &Ors | respectively. Penalty of Rs. 1 lakh was imposed on each of the three companies and Rs. 50,000/- on each of the three employees and the Director of the Company.5. Eight appeals were filed before the CEGAT, which by the common judgment set aside the order of the Commissioner. It came to hold, inter alia, that (1) there w... | 1[ds]8. Whether there is inter-dependence and whether another unit is, in fact, a dummy has to be adjudicated on the facts of each case. There cannot be any generalization or rule or universal application. Two basic features which prima facie show inter-dependence are pervasive financial control and management control.... | 1 | 2,239 | 650 | ### 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:
respectively. Penalty of Rs. 1 lakh was imposed on each of the three companies and Rs. 50,000/- on each of the thr... |
Mohan Raj Vs. Surendra Kumar Taparia & Ors | and in Part VII unless the context otherwise requires.(a) * * * *(b) candidate means a person who has been or claims to have been duly nominated as a candidate at any election and any such person shall be deemed to have been a candidate as from the time when, with the election in prospect he began to hold himself out a... | 1[ds]Since Periwal was a candidate who was duly nominated at an election he would be a candidate within the meaning assigned to that word by this definition. The question raised is that Periwal was not a candidate at the election since he had withdrawn and, in any case this definition need not be read in Section 82 (b)... | 1 | 2,736 | 777 | ### 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:
and in Part VII unless the context otherwise requires.(a) * * * *(b) candidate means a person who has been or... |
R. Kempraj Vs. M/S. Barton Son & Co | or of money, a share of crops, service or any other thing of value. A lease is not a mere contract but it is a transfer of an interest in land and creates an right in rem. Owing to the provisions of section 105 a lease in perpetuity can be created but even then an interest still remains the lessor which is called a rev... | 0[ds]4. The rule against perpetuity is embodied in S. 14 of the Transfer of Property Act, hereinafter called the Act. According to it no transfer of property can operate to create an interest which is to take effect after the lifetime of one or more persons living at the date of such transfer and the minority of some p... | 0 | 1,838 | 649 | ### 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:
or of money, a share of crops, service or any other thing of value. A lease is not a mere contract but it i... |
Sheikh Abdul Rehman Vs. Jagat Ram Aryan | affirmation before the Assistant Returning Officer, that the oath forms had been filled up and signed before they were presented to him and were not signed in his presence. In support of his case the respondent examined Kahan Singh, the Assistant Returning Officer, and Abdul Gani, the Returning Officer. The High Court ... | 0[ds]10. It should be remembered that the requirement of making and subscribing an oath or affirmation was inserted in Section 51 (a) of the J. and K. Constitution by the Constitution Sixth Amendment Act 1965.There is ground for believing that Narain Dass an Nikka Ram were not aware of this provision and for this reaso... | 0 | 2,188 | 1,260 | ### 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:
affirmation before the Assistant Returning Officer, that the oath forms had been filled up and signed before... |
The State Of Bihar Vs. M/S. Karam Chand Thapar & Brothers Ltd | accordance with the provisions of the Arbitration Act 1 of 1940. You are, therefore, requested to please attend the Divisional Office immediately to execute necessary agreement for the purpose."Pursuant to this letter, the respondent joined in the execution of the agreement dated February 6, 1948, along with the Execut... | 0[ds]3. Having carefully gone through the correspondence, we agree with the learned Judges of the High Court that the Executive Engineer had been authorised by the Governor acting through his Secretary to execute the agreement for reference to arbitration. It will be seen that it was the Secretary who from the very inc... | 0 | 2,846 | 647 | ### 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:
accordance with the provisions of the Arbitration Act 1 of 1940. You are, therefore, requested to pleas... |
State of Madhya Pradesh and Another Vs. K. K. Shukla and Company | Disputes having arisen between the appellants and the respondent, a reference was made to arbitration under Section 7 of the M.P. Madhyastham Adhikaran Adhiniyam, 1983 (hereinafter referred to as "the Act"). Before the Tribunal, it was contended that having availed of arbitration under clause 29 of the contract it was ... | 0[ds]The Superintending Engineer under clause 29(2) is empowered to decide all questions relating to the meaning of the specifications, designs, drawings and constructions mentioned in the contract and as to the quality of workmanship or materials used in the work or as to any other question, claim, right, matter or th... | 0 | 644 | 412 | ### 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:
Disputes having arisen between the appellants and the respondent, a reference was made to arbitration under Section 7 of t... |
Oriental Bank Of Commerce Ltd Vs. Shri Harcharan Das Loomba | fully paid-up shares and the company sets up some cause declining to carry out the conversion, the Tribunal is authorised to adjudicate whether the cause set up by the company is a cause reasonably justifying refusal to comply with the requisition.5. The respondent had called upon the Bank under s. 19 (2) to convert hi... | 0[ds]The Tribunal held that the resolution for reduction of capital was passed mala fide and with a view to deprive the displaced persons of their right to claim conversion of their partly paid-up shares. The Tribunal pointed out that even though the financial condition of the Bank was precarious for many years, the sc... | 0 | 2,913 | 731 | ### 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:
fully paid-up shares and the company sets up some cause declining to carry out the conversion, the Tribuna... |
SURESHCHANDRA BAGMAL DOSHI Vs. THE NEW INDIA ASSURANCE CO. LTD | the loss of dependency or the future economic loss at Rs.8,000 per month and thereafter a multiplier of 16 was applied. The Tribunal, thus, awarded a sum of Rs.15,36,000 towards loss of dependency benefit; Rs.15,000 towards conventional amount under the head loss of estate; Rs.15,000 towards loss of love and affection ... | 1[ds]No doubt the second certificate is dated 8.7.2005, after a lapse of 7 years from the first certificate, but then that would be a more realistic estimate of what a person holding that post would be earning at that stage of time. There is no rebuttal evidence led by the insurance company and we see no reason to doub... | 1 | 1,464 | 356 | ### 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 loss of dependency or the future economic loss at Rs.8,000 per month and thereafter a multiplier of 16 was applied. The ... |
JOSE PAULO COUTINHO Vs. MARIA LUIZA VALENTINA PEREIRA | then the special law shall prevail. This principle will apply with greater force to special law which is also additionally a local law. This judicial principle is based on the latin maxim generalia specialibus non derogant, i.e., general law yields to special law should they operate in the same field on the same subjec... | 1[ds]I. Whether the Portuguese Civil Code can be said to be a foreign law and the principles of private international law are applicable?18. We are clearly of the view that these laws would not have been applicable unless recognised by the Indian Government and the Portuguese Civil Code continued to apply in Goa only b... | 1 | 7,770 | 2,709 | ### 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:
then the special law shall prevail. This principle will apply with greater force to special law which is also additionally a... |
M/S EMAAR MGF LAND LIMITED Vs. AFTAB SINGH | to do away with special or additional remedies is not decipherable from any material. The Law Commission 246 th Report, the Statement and Objects of Bill and the notes on clauses do not indicate that amendments were made for overriding special/additional remedies provided under different statutes. In the event, the int... | 0[ds]25. This Court in the series of judgments as noticed above considered the provisions of Consumer Protection Act, 1986 as well as Arbitration Act, 1996 and laid down that complaint under Consumer Protection Act being a special remedy, despite there being an arbitration agreement the proceedings before Consumer Foru... | 0 | 13,313 | 3,359 | ### 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:
to do away with special or additional remedies is not decipherable from any material. The Law Commission 246 th R... |
M/s. Raghubar Dayal Jai Prakash & Others Vs. Union of India & Others | dealing with the constitutional objection which was sought to be supported by contrasting these provisions with analogous Indian legislation wherein the price payable was fixed by the Act itself, to which we shall advert a little later, it might be useful to narrate the circumstances in which the price at which the clo... | 0[ds]It was, therefore, necessary that the instrument chosen should be subject to control so as effectively to further the policy of the scheme of regulation and that is the ratio underlying the provisions in S. 6 of the Act and those which follow it in Ch. III. In this connection it is necessary to add that the restri... | 0 | 10,820 | 1,768 | ### 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:
dealing with the constitutional objection which was sought to be supported by contrasting these provisi... |
Ashok Kumar and Others Vs. Additional District Judge | that Harbans Singh was neither a party to the ejectment suit nor was any objection filed by him during the pendency of the suit alleging that he had any share in the business. The application of Harbans Singh was accordingly rejected by the District Judge on 1 2-5-73.3. Subsequently on 21-5-1973, the Rent Control Inspe... | 1[ds]There can be no doubt that the appellate authority took a wrong view of law in allowing the appeal because under the provisions of s.16(1) of the Act it was not necessary that the application for notifying the vacancy should be made only after the premises have become actually vacantWe have already pointed out tha... | 1 | 1,586 | 436 | ### 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:
that Harbans Singh was neither a party to the ejectment suit nor was any objection filed by him during the pendency of the s... |
Fateh Chand Vs. Balkishan Das | plaintiff failed to prove the loss suffered by him in consequence of the breach of the contract committed by the defendant and we are unable to find any principle on which compensation equal to ten percent of the agreed price could be awarded to the plaintiff. The plaintiff has been allowed Rs.1,000/- which was the ear... | 0[ds]we agree with the conclusion of the High Court that the defendant and not the plaintiff committed breach of the contractWe agree with the Attorney-General that the amount of Rs.24,000/- was not of the nature of earnest money. The agreement expressly provided for payment of Rs.1,000/- as earnest money, and that amo... | 0 | 6,093 | 1,361 | ### 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:
plaintiff failed to prove the loss suffered by him in consequence of the breach of the contract committed b... |
B.S. Yadav and Others Etc Vs. State of Haryana and Others Etc | open to him to give retrospective operation to the rules made under that provision. But the date from which the rules are made to operate must be shown to bear, either from the face of the rules or by extrinsic evidence, reasonable nexus with the provisions contained in the rules, especially when the retrospective effe... | 1[ds]But the point of the matter is that there has been no unconcerned acquiescence by High Courts and judicial officers in rules framed by the Governors. In Haryana itself, Respondent 3, Shri N.S Rao, challenged the Governors power to override the order of his confirmation which was passed by the High Court. And he wo... | 1 | 20,202 | 4,091 | ### 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:
open to him to give retrospective operation to the rules made under that provision. But the date from w... |
Shalimar Rope Works Ltd Vs. Abdul Hussain H. M. Hasan Bhai Rassiwala And Ors | registered office then at the place where the corporation carries on business."7. Rule 2 is not an exhaustive provision providing for all modes of service on the company in the sense as to what is meant by service of summons on the Secretary, Director or Principal Officer in Jute and Gunny Brokers Ltd. and another v. T... | 1[ds]The High Court, however, took the view that since Navlakha was an employee of the company sitting in its registered office in Calcutta the summons will be deemed to have been duly served on the company within the meaning of the first part of clause (b) of Order 29, Rule 2 of the Code. In the opinion of the High Co... | 1 | 1,991 | 516 | ### 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:
registered office then at the place where the corporation carries on business."7. Rule 2 is not an exhaustive provision prov... |
A.K. Ghosh Vs. Bharat Coking Coal Limited | of land were purchased by the plaintiff from his own money and the building was also constructed by him from his own fund. It was also held that the building in question did not form part and parcel of the New Govindpur Colliery. It was further held that the building in question did not vest in the Central Government u... | 1[ds]6. We have gone through the record and the judgment of the Courts below and we are clearly of the view that K.P.case (supra) isand is not applicable in the facts and circumstances of the present case. In K.P.case, (supra) the suit property consisted of 30 bighas, 18 kattar and 11 chhataks being part of plot Nos. 5... | 1 | 1,501 | 660 | ### Instruction:
Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document.
### Input:
of land were purchased by the plaintiff from his own money and the building was also constructed ... |
Commissioner Of Income-Tax, U.P Vs. Jagannath Mahadeo Prasad, Etc | substantive provision dealing with the made of computing the profits and gains chargeable under the head "profits and gains of business, profession or vocation" and that the legislature had provided that when profits and gains were computed the loss sustained in a speculative transaction must not be taken into account ... | 1[ds]5. Moreover we are of the opinion that where the language is quite clear and no other view is possible it is futile to go into the question whether the proviso to S. 24 (1) operates as substantive provision or only by way of an exception to S. 24 (1). The proviso says in unmistakable and unequivocal terms that any... | 1 | 2,092 | 153 | ### 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:
substantive provision dealing with the made of computing the profits and gains chargeable under the head "pr... |
Dtc Retired Employees'Association Vs. Delhi Transport Corporation | employment. An experienced workman is capable of securing another employment with better emoluments. He can also be tempted by other employers with more lucrative salary. The exist of an experienced workman would surely be a loss for his employer. In British Paints (India) Ltd. v. Workmen, AIR 1966 SC 732 , it was held... | 0[ds]It is also important to note that as per Claus 4 of the Scheme, those employees who joined DTC with effect from 23.11.1992 are compulsorily covered by the Scheme. Therefore, the Division Bench is perfectly justified in holding that the employees who retired on or after 3.8.1981 but before 27.11.1992 and had not ex... | 0 | 4,120 | 540 | ### 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:
employment. An experienced workman is capable of securing another employment with better emoluments. He can ... |
Commissioner of Income Tax Vs. Shri Rama Multi Tech Ltd | Civil Appeal Nos. 4072-4073 of 2007 1. The only question on which the leave has been granted by this Courts order dated August 31, 2007 is as follows: "When the Assessee had itself capitalized the interest and other expenditure incurred towards creation assets. Whether the Commissioner of Income-tax (Appeals) and the T... | 1[ds]6. We find that this Court in the case of Deputy CIT v. Core Health Care Ltd. [2008] 2 SCC 465 : [2008] 298 ITR 194 (SC) has affirmed the view taken by the Gujarat High Court7. In this view of the matter, we are of the considered opinion that the Income-tax Appellate Tribunal was justified in allowing the expendit... | 1 | 563 | 111 | ### 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:
Civil Appeal Nos. 4072-4073 of 2007 1. The only question on which the leave has been granted by this Courts order dated Augu... |
THE STATE OF MAHARASHTRA Vs. M/S MOTI RATAN ESTATE | writ petitions have been dismissed by the High Court and orders have attained finality and this Court has also dismissed the appeals/SLPs. Thus, we are not inclined to take a different view in the instant case. 17. In the instant case, various notifications and declarations under Sections 4 and 6 were issued on the sam... | 1[ds]7.5 On considering catena of decisions of this Court, referred to hereinabove, the following propositions of law can be culled) when the scheme of the acquisition is one, interim stay granted in respect of one pocket of land would operate even with respect to other pockets of land and in such a situation the autho... | 1 | 6,203 | 1,209 | ### 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:
writ petitions have been dismissed by the High Court and orders have attained finality and this Court has ... |
Mrs. Chandnee Widya Vati Madden Vs. Dr. C. L. Katiai, & Others | the proper authorities for the necessary permission but withdrew her application to the Chief Commissioner by her letter dated April 12, 1957. The plaintiffs called upon the defendant several times to fulfil her part of the agreement but she failed to do so. It was averred on behalf of the plaintiffs that they had alwa... | 0[ds]So far as the parties to the contract are concerned, they had agree to bind themselves by the terms of the document executed between them. Under that document it was for the defendant-vendor to make the necessary application for the permission to the Chief Commissioner. She had as a matter of fact made such an app... | 0 | 1,277 | 409 | ### 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 proper authorities for the necessary permission but withdrew her application to the Chief Commissioner by her letter dat... |
Gemini Leather Stores Vs. Income Tax Officer, B-Ward, Agra & Others | to issue the notice. A learned single Judge of the High Court dismissed the writ petition and his order was affirmed in appeal by a Division Bench. The appeal to this Court is by the assessee on certificate granted by the High Court.2. The justification for taking action under Section 147 and 148 of the Income-tax Act.... | 1[ds]4. It is not disputed that the case falls under clause (a) of Section 147. Thequestion is whether theOfficer had reason to believe that income chargeable to tax had escaped assessmentfor the assessment yearin question by reason of the omission or failure on the part of the assessee to disclose fully and truly all ... | 1 | 1,295 | 600 | ### 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 issue the notice. A learned single Judge of the High Court dismissed the writ petition and his order... |
P. CHIDAMBARAM Vs. DIRECTORATE OF ENFORCEMENT | record the reasons therefor. Anticipatory bail can be granted only in exceptional circumstances where the court is prima facie of the view that the applicant has falsely been enroped in the crime and would not misuse his liberty. (See D.K. Ganesh Babu v. P.T. Manokaran (2007) 4 SCC 434 , State of Maharashtra v. Mohd. S... | 0[ds]29. The term ?reason to believe? is not defined in PMLA. The expression ?reason to believe? has been defined in Section 26 of IPC. As per the definition in Section 26 IPC, a person is said to have ?reason to believe? a thing, if he has sufficient cause to believe that thing but not otherwise. The specified officer... | 0 | 15,725 | 4,837 | ### 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:
record the reasons therefor. Anticipatory bail can be granted only in exceptional circumstances where the court is prima f... |
Dr. Jacob Thudipara Vs. The State of Madhya Pradesh & Ors | arose with respect to the age of superannuation/retirement, namely, whether, the appellant--teacher is entitled to get the benefits of enhanced age of superannuation of 65 years at par with his counterpart teachers serving in Government Colleges and Universities. 2.1 The appellant was serving in 1OO% government aided p... | 1[ds]4. Having heard learned counsel appearing on behalf of the respective parties and considering the various orders passed by the High Court, by which in similar facts and situation and not accepting the submission on behalf of the State that on the principle of no work no pay the teachers are not entitled to any mon... | 1 | 1,176 | 284 | ### 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:
arose with respect to the age of superannuation/retirement, namely, whether, the appellant--teacher is entitled to get the... |
Rithwik Energy Generation Pvt. Ltd Vs. Bangalore Electricity Supply Co. Ltd. & Others | the Court considers the adjudication of the said issue material and essential for its decision. 15. As seen from the Appellate Tribunals judgment dated 21.10.2011, not only did the appellant considered the subsequent event as directly and substantially in issue for deciding the appeal, which incidentally was not oppose... | 0[ds]12. Having heard the learned counsel appearing for the parties, we are of the view that there is no doubt whatsoever that the appellant itself invited the Appellate Tribunal to go into a subsequent event, which, according to it, was of extreme importance in deciding the appeal. This being the case, it is clear tha... | 0 | 3,636 | 1,004 | ### Instruction:
Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages.
### Input:
the Court considers the adjudication of the said issue material and essential for its decision. 15. As see... |
State Bank Of India Vs. R. K. Jain & Ors | the Tribunal to accept the evidence adduced by the management and hold in its favour even if its finding is against the management regarding the validity of the domestic inquiry. It is essentially a matter for the management to decide about the stand that it proposes to take before the Tribunal. It may be emphasised, t... | 0[ds]35. From the above extract it is clear that it is open to the management to rely upon the domestic inquiry conducted by it and satisfy the Tribunal that there is no infirmity attached to the same. The management has also got a right to justify on facts as well that its order of dismissal or discharge was proper.Th... | 0 | 11,262 | 5,311 | ### 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:
the Tribunal to accept the evidence adduced by the management and hold in its favour even if its finding is ... |
SITA RAM (DEAD) THROUGH LRS Vs. BHARAT SINGH (DEAD) THROUGH LRS | was sought as contemplated under the mandate of law but under the pre-amended scheme of the Act, 1950, the effect of exchange in contravention to the provisions of the Act and its consequence as embedded under Section 166 and 167 of the Act, 1950 makes the action to be voidable and not void and it entails consequences ... | 0[ds]16. It emerges from the pre amendment (U.P. Act No. 20 of 1982 w.e.f. 3 rd June, 1981) scheme of the Act, 1950 that any transfer made in contravention of this Chapter referred to under Section 166 which includes Section 161 as well were not be automatically void but voidable and therefore, as a consequence of alle... | 0 | 4,567 | 1,896 | ### 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:
was sought as contemplated under the mandate of law but under the pre-amended scheme of the Act, 1950, the effect of excha... |
Shivnarayan Shamlal Kahar @ Gauda Vs. State of Maharashtra | hostile. In the cross-examination the prosecution has elicited that on 23/5/1999 at 6 a.m. when P.W. 13 woke up, Shivnarayan was sleeping by his side. P.W. 13 has denied having stated before the police that Shivnarayan suddenly got up in the morning and told him that we have to leave for village. He has further stated ... | 1[ds]19. It is a case of circumstantial evidence. It is incumbent upon the prosecution to prove every incriminating circumstance against the accused to the hilt. It is also incumbent upon the prosecution to establish the link in the chain of evidence to eliminate any and every possibility of the innocence of the accuse... | 1 | 4,038 | 502 | ### 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:
hostile. In the cross-examination the prosecution has elicited that on 23/5/1999 at 6 a.m. when P.W. 13 wo... |
All India Power Engineer Federation Vs. Sasan Power Ltd. & Ors. Etc | is clear under the Regulations, however, that infirm power can never be supplied to the appellants themselves but can only be supplied to the grid. This being the case, the question that is still posed is whether the two emails read together would amount to a waiver of the right mentioned in clause 6.3.1. Waiver is, as... | 1[ds]15. No such thing having occurred on the present facts, it is clear that there is in fact no amendment by written agreement to the PPA.The relevant section therefore that would apply on the facts of the present case is Section 63. At this stage, it is important to advert to an argument made by counsel for the appe... | 1 | 16,028 | 1,410 | ### Instruction:
Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding.
### Input:
is clear under the Regulations, however, that infirm power can never be supplied to the appellants themselves... |
Dr. Vijay Kumar & Others Vs. M/s. Raghbir Singh Anokh Singh | Dwivedi, J.1. The first appellant, Dr. Vijay Kumar, is the father of the second and third appellants, Ajay Kumar and Ashok Kumar. Dr. Vijay Kumar was the tenant of the shop No. 2855, Guru Nanak Building, Kashmiri Gate, Delhi. The respondent is the owner of the shop. On January 12, 1965 he applied for ejectment of the a... | 0[ds]3. The findings of facts and the conclusions reached by the Rent Controller were confirmed by the Rent Control Tribunal. The High Court agreed with the appellate authority. These findings cannot beimpeached before us. In the result, we would accept the conclusion of the Rent Controller that half of the shop was ex... | 0 | 923 | 372 | ### 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:
Dwivedi, J.1. The first appellant, Dr. Vijay Kumar, is the father of the second and third appellants, Ajay ... |
Malwa Sugar Mills Limited Vs. Workmen | Vaidialingam, J.1. The only question that arises for consideration in this appeal, by special leave, is regarding the directions given in the award dated October 25, 1970 by the Industrial Tribunal, in respect of issue No. 4. Issue No. 4 was as follow :"Whether increase in Dearness Allowance granted to the workmen from... | 1[ds]5. But it has become unnecessary for us to go more elaborately into these aspects because of the stand taken, which in our opinion was quite fair, by the learned Counsel for the appellant that his client will pay Dearness Allowance for the yearon the basis of 18 points raise as mentioned in the award only as an ad... | 1 | 788 | 238 | ### 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:
Vaidialingam, J.1. The only question that arises for consideration in this appeal, by special leave, is... |
COUNCIL OF ARCHITECTURE Vs. MR. MUKESH GOYAL & ORS | a phenomenal scale. A large variety of buildings, many of extreme complexity and magnitude like multi-storeyed office buildings, factory buildings, residential houses, are being constructed each year. With this increase in the building activity, many unqualified persons calling themselves as Architects are undertaking ... | 1[ds]21. The order of this Court dated 14 February 2017 states that the High Court was in error in rejecting the contention of the appellant that practice under the Architects Act, 1972 is not restricted only to the architects.The appellant was the Council of Architecture. The order is based on the premise that the con... | 1 | 10,447 | 2,371 | ### 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:
a phenomenal scale. A large variety of buildings, many of extreme complexity and magnitude like multi-store... |
Oswal Woollen Mills Ltd. & Anr Vs. Union Of India & Ors | the licence may, therefore, be transferred in the name of the first petitioner and an endorsement may be made on it to make it valid for import of the items permitted under paragraph 138 with the Actual User and non-transferable conditions. This request was rejected by the third respondent by his letter dated 15-10-198... | 1[ds]15. Paragraph 140 clearly states that (REP) Licence will be issued in the name of the Registered Exporter only and will not be subject to Actual User condition and that except for cases covered by paragraphs 136(2), 185(2) and 186(1) the licence holder may transfer the licence in full or in part in favour of any o... | 1 | 3,624 | 871 | ### 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 licence may, therefore, be transferred in the name of the first petitioner and an endorsement may b... |
Chhathu Ram And Ors. Etc. Etc Vs. Commissioner Of Income Tax, Bihar, Patna And Ors | the Income Tax Officer 6. The High Court dismissed the writ petitions on the following reasoning : by virtue of Section 297 of the 1961 Act, all the proceedings including the proceedings for rectification relating to the assessment year 1942-43 must be deemed to have been taken under the 1922 Act. Under the said Act th... | 0[ds]7. We are of the opinion that the High Court was right in holding that the settlement order did not preclude the Income Tax Officer from passing the aforesaid order of rectification. Sub-section (1-D) of Section 34 declares that any settlement arrived under the said section "shall be conclusive as to the matters s... | 0 | 2,205 | 902 | ### Instruction:
Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages.
### Input:
the Income Tax Officer 6. The High Court dismissed the writ petitions on the following reasoning : by virt... |
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