Case Name stringlengths 11 235 | Input stringlengths 944 6.86k | Output stringlengths 11 196k | Label int64 0 1 | Count int64 176 118k | Decision_Count int64 7 37.8k | text stringlengths 1.43k 13.9k |
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Sri Rama Vilas Service (P) Ltd Vs. C. Chandrasekaran & Ors | carefully considered the order delivered by the Appellate Tribunal and we see no justification for the criticism made against that order that the decision of the Appellate Tribunal proceeded solely on the ground of the abstract concept of the evil effects of monopoly. The order has referred to the railway which runs pa... | 0[ds]Speaking generally and in a broad way, we do not think it could be seriously denied that encouraging bus operators who do not own a fleet of buses and discouraging monopoly on the route is consistent with the interests of the general public which is of paramount importance under S. 47(1)(a) of the Motor Vehicles A... | 0 | 3,319 | 653 | ### Instruction:
Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case.
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carefully considered the order delivered by the Appellate Tribunal and we see no justification for the criti... |
Gandhe Vijay Kumar Vs. Mulji @ Mulchand | Kurian Joseph, J.1. The appellant before this Court is aggrieved by order passed by the High Court wherein concurrent findings on facts with regard to the bonafide requirements of the appellant have been upset holding that "the court can re-appreciate the evidence to test whether the findings of the Rent Controller are... | 1[ds]These principles hold good generally for exercise of revisional power.2. There is no dispute with respect to therelationship. The bonafide requirement also has been concurrently found by the Rent Controller as well as by the Appellate Authority. The High Court should not have ventured to look into the evidence as ... | 1 | 1,069 | 99 | ### Instruction:
Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding.
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Kurian Joseph, J.1. The appellant before this Court is aggrieved by order passed by the High Court wherein concurrent find... |
Netaipada Shah Vs. State of West Bengal | associates created panic in the Station area and in the adjoining locality and also thereby created disturbance of public order. 2. On July 9, 1971, the Government received the representation made by the petitioner against the said order of detention. The Government rejected the representation on July 30, 1971. Thereaf... | 0[ds]3. Mr. Dutta, who appeared for the petitioner amicus curiae, could not find any legal infirmity either in the said order of detention or the various steps taken in pursuance of it under the Act. He, however, raised two contentions. His first contention was that the petitioner was illiterate as evidenced by the fac... | 0 | 1,373 | 775 | ### 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:
associates created panic in the Station area and in the adjoining locality and also thereby created disturbance of public o... |
M/S Park Leather Industry (P) Ltd, &Anr Vs. The State Of Uttar Pradesh | the head "leather" details the various processes applied in the treatment of hides and skins at all stages, pre-tanning, tanning and post-tanning. Dyeing or colouring is a process which follows tanning but precedes "finishing : (i.e. dressing) in order to make it suitable for the purpose which it is required in commerc... | 0[ds]19. We have considered the arguments of both the parties. In our view it is clear that the interpretation has to be on the basis of the expression `Agricultural produce as set out in Section 2(a) of the said Act. In so determining decisions based on different statutes such as Sales Tax Laws can be of no assistance... | 0 | 5,815 | 640 | ### Instruction:
Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text.
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the head "leather" details the various processes applied in the treatment of hides and skins at all stages, pre-tanning, ... |
Commissioner Of Cental Excise,Chandigarh Vs. M/S. Khanna Industries | question has not been decided by the CEGAT.8. In order to appreciate the rival submissions, the relevant notifications need to be noted. Notification No.175/86-C.E. dated 1.3.1986 reads as follows: "EXEMPTION TO SMALL SCALE UNITS In the exercise of the powers conferred by sub rule (1) of rule 8 of the Central Excise Ru... | 1[ds]10. Clause 7 of the notification after amendment deals with exemption of specified goods and circumstances where the exemption is not available. Stand of the respondent is that if manufacturer need not be a manufacturer of specified goods, and brand name as used is entitled to exemption contained in the notificati... | 1 | 2,235 | 557 | ### Instruction:
Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding.
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question has not been decided by the CEGAT.8. In order to appreciate the rival submissions, the relevant notifica... |
State of Uttar Pradesh and Ors Vs. Pankaj Kumar | his contention that the Rules contemplated that the intimation has to be sent through post, but no such intimation was issued to the respondent. It is contended that the mere issue of SMS intimating the date of further process in the selection would not be sufficient. He contends that the mobile number would be furnish... | 0[ds]7. In the light of the rival contentions, having perused the order passed by the learned Single Judge as also the conclusion reached by the Division Bench of the High Court, it would indicate that the High Court has not granted the relief to the respondent by recording a finding with regard to the noncompliance of... | 0 | 2,178 | 881 | ### 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:
his contention that the Rules contemplated that the intimation has to be sent through post, but no such... |
Commissioner Of Income Tax, Bombay Vs. Rasiklal Maneklal (H.U.F.) & Ors | and powers as well as all liabilities and duties of the Shorrock Co. were to stand transferred and vest with effect from January 1, 1960, in the New Shorrock Co. The scheme of amalgamation provided further for an increase in the share capital of the New Shorrock Co. and it permitted the creation of 14, 625 new ordinary... | 0[ds]The relevant portion of section 12B of the ActCapital gains.-(1) The tax shall be payable by an assessee under the head Capital gains in respect of any profits or gains arising from the sale, exchange, relinquishment or transfer of a capital asset effected after the 31st day of March, 1956, and such profits and Io... | 0 | 1,390 | 323 | ### Instruction:
Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction.
### Input:
and powers as well as all liabilities and duties of the Shorrock Co. were to stand transferred and vest... |
J. C. Jain Vs. R. A. Pathak And Others | employee has been permitted by cl. (b) whenever the amount in dispute happens to be Rs. 50/- or more in respect of an individual applicant or in respect of the unpaid group the Legislature could have intended that the employer should have no right of appeal against a direction made on a single consolidated application ... | 1[ds]6. sub-s. (2), and a direction has been issued for the payment of the specified amount, it is the said specified amount that must be considered in deciding whether the test prescribed by S. 17(1)(a) is satisfied or not.The view taken by the Bombay High Court, however, is that S. 17(1)(a) is applicable only where t... | 1 | 3,384 | 1,190 | ### 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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employee has been permitted by cl. (b) whenever the amount in dispute happens to be Rs. 50/- or more in resp... |
State Of Gujarat And Anr Vs. Maharaj Shri Amarshinhji Himatsinhji | the existence of which can lead to the initiation of such inquiry is absent here. Section 37( 1) of the Code contains the well-known declaratory provision where under all public roads, lanes and paths, the bridges, ditches, dikes, beds of the sea, harbours and creeks below high-water-mark, and of rivers, streams, nalla... | 0[ds]Dealing with the first question which is of a general character, it is clear that the answer thereto depends upon the true scope and ambit of the inquiry under s. 2 (4) (i) of the Act and to determine the same it will be necessary to consider the scheme and object of the Act and . in particular the purpose of the ... | 0 | 5,591 | 3,271 | ### 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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the existence of which can lead to the initiation of such inquiry is absent here. Section 37( 1) of t... |
Shashi Kumar Banerjee & Ors Vs. Subodh Kumar Banerjee Since Deceased & After Him His L.Rs | All that can be said after a review of all the signatures from 1943 is that as the testators age increased his writing became more shaky, though as we have said before, there are examples of shaky signatures before 1946 and also examples of not so shaky signatures after 1945.21. This conclusion is in our opinion borne ... | 1[ds]4. The principles which govern the proving of a will are well settled; (see H. Venkatachala Iyengar v. B. N. Thimmajamma, 1959 Supp (1) SCR 426 : (AIR 1959 SC 443 ) and Rani Purniama Devi v. Khagendra Narayan Dev, (1962) 3 SCR 195 : AIR 1962 SC 567 ).The mode of proving a will does not ordinarily differ from t... | 1 | 7,818 | 4,815 | ### Instruction:
Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text.
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All that can be said after a review of all the signatures from 1943 is that as the testators age increased his writing be... |
Punjab Agro Industries Corpn. Ltd Vs. Kewal Singh Dhillon | will not debar the Petitioner from taking such other remedy as may be available under the law." The said decision is challenged in this appeal by special leave, on the following grounds:(a) The order of the High Court is a non speaking order and it upholds the preliminary objection of the respondent without assigning a... | 1[ds]The Act does not provide for an appeal against the order of the Chief Justice or his designate made under sub section (4) or sub-sections (5) and (6) of section 11. On the other hand, sub-section (7) of section 11 makes it clear that a decision of the designate under sub-section (4), (5) or (6) of section 11 is fi... | 1 | 1,586 | 399 | ### Instruction:
Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding.
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will not debar the Petitioner from taking such other remedy as may be available under the law." The said decision ... |
Commissioner of Gift Tax, Madras Vs. N.S. Getty Chettiar | Rao J. (then a judge of the Madras High Court) after examining several authorities came to the conclusion that "partition is really a process in and by which a joint enjoyment is transformed into an enjoyment in severalty. Each one of the shares had an antecedent title and, therefore, no conveyance is involved in the p... | 0[ds]al appearing for the Commissioner of Gift Tax did not place any reliance before us on S. 4 of the Act. Therefore we need not consider the scope of S. 4 of theare unable to agree with Mr.that in every case of partition in a H. U. F. there should first be a division of a status and thereafter a division by metes and... | 0 | 3,141 | 1,778 | ### 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:
Rao J. (then a judge of the Madras High Court) after examining several authorities came to the co... |
Dahyabhai Ranchhoddas Dhobi Vs. State Of Gujarat | clear that reference to the subsequent provisions of the Act to the date of publication of declaration has to be determined as the last of the dates of the publication and the giving of public notice. As the date of publication by local publication was the last at that point of time i.e. 15-3- 1991, the award on 25-3-1... | 0[ds]17) In the case on hand, it is clearly indicated in the reply affidavit filed by the Special Land Acquisition Officer that the notification under Section 6 was last published on 19.04.1990, by affixing a copy of the Notification on the notice board of the office of City Mamlatdar, Surat and also by affixing the sa... | 0 | 5,926 | 733 | ### 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:
clear that reference to the subsequent provisions of the Act to the date of publication of declaration has to be ... |
State Of Mysore & Anr Vs. K. G. Jagannath | That is because only five standing passengers are allowed in a bus with a carrying capacity of 30 and 10 standing passengers are allowed in a bus with a carrying capacity of 40 and above. The tax payable in respect of standing passengers is Rs. 10 per quarter. The tax payable under the Mysore Motor Vehicles (Taxation o... | 1[ds]6. It must be made clear that all that is insisted upon under the impugned Rule is the minimum number of seats to be provided in the bus. It has been urged on behalf of the State that the intention behind providing buses with bigger bodies with lesser number of seats than they can be provided with is really intend... | 1 | 2,458 | 1,289 | ### 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:
That is because only five standing passengers are allowed in a bus with a carrying capacity of 30 and 10 standing ... |
Jasbhai Motibhai Desai Vs. Roshan Kumar and Others | the same words as used in Sec. 8A, then also, the appellant cannot, in the circumstances of this case, be regarded as a person aggrieved having the requisite legal capacity to invoke certiorari jurisdiction. The Act and the Rules recognise a special interest of persons residing, or concerned with any institution such a... | 0[ds]The expression aggrieved person denotes an elastic, and, to an extent, an elusive concept. It cannot be confined within the bounds of rigid, exact and comprehensive definition. At best, its features can be described in a broad, tentative manner. Its scope and meaning depends on diverse, variable factors such as th... | 0 | 7,535 | 2,423 | ### 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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the same words as used in Sec. 8A, then also, the appellant cannot, in the circumstances of this case, be re... |
V.Chandrasekaran Vs. Administrative Officer | in RC No. 8222/95/F5, which is purported to have been issued by one K.Muthu, Special Tahsildar (Land Acquisition), and observed that the said proceeding itself stood cancelled and somehow a xerox copy of the said proceeding was obtained by the appellants and they utilised the same to secure permission for sanctioning t... | 1[ds]30. In the instant case, the tenure holders/person-interested neither filed objections under Section 5-A of the Act, nor have they challenged the land acquisition proceedings, so far as the suit land is concerned, instead they chose to withdraw the compensation awarded in 1983 and 1986; after the expiry of about t... | 1 | 7,132 | 340 | ### Instruction:
Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case.
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in RC No. 8222/95/F5, which is purported to have been issued by one K.Muthu, Special Tahsildar (Land Acquisi... |
K. Manickchand & Ors Vs. Elias Saleh Mohamed Salt & Ors | original loans. It is, therefore clear that, on the plain language of Section 17 of the Act, the High Court was right in holding that the aggregate of the principal amounts of the original loans was only Rs. 37,971.50 P. and not Rs. 44,000/- and consequently, in awarding arrears of interest only to the extent of the sa... | 1[ds]3. So far as the first point raised by learned Counsel is concerned, it appears to us that it is totally misconceived, because the language of Section 17 of the Act plainly justifies the view taken by the High Court. Section 17 in prescribing the maximum amount of arrears of interest to be allowed, refers to "the ... | 1 | 2,261 | 1,253 | ### 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.
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original loans. It is, therefore clear that, on the plain language of Section 17 of the Act, the High C... |
Indian Overseas Bank and Ors Vs. Rattan Singh | Kurian Joseph, J.1. Leave granted.2. The Appellants are before this Court aggrieved by the judgment of the High Court dated 21.02.2014. The case pertains to the application of Voluntary Retirement Scheme (for short VRS) by the Respondent. The stand taken by the Division Bench is that since the Respondent withdrew the o... | 1[ds]3. Prima facie, we find it difficult to appreciate the stand taken by the High Court. The scheme of VRS varies from institution to institution. In the case of the Appellants it is specifically stipulated that once an officer/employee exercises the option it will not be open for him/her to withdraw the request made... | 1 | 378 | 161 | ### 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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Kurian Joseph, J.1. Leave granted.2. The Appellants are before this Court aggrieved by the judgment of the H... |
Baijnath Kedia Vs. State Of Bihar & Ors | and not vice versa. Therefore, this amendment was subject to the overriding power to Parliament as declared in Act 67 of 1957 in S. 15. Entry 18 of the State list, therefore, is of no help.24. Mr. Lal Narain Sinha next contended that the provisions of Sections 4-14 do not envisage control of the Union which is a condit... | 1[ds]Although these supplementary arguments were raised it is obvious that they can arise according as the two main arguments are allowed or disallowed. Therefore it is necessary to address ourselves to the first argument that the legislative competence to enact the amendment to S. 10 of the Reforms Acts was wanting. A... | 1 | 7,153 | 1,163 | ### 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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and not vice versa. Therefore, this amendment was subject to the overriding power to Parliament as de... |
Kalpanaraj Vs. Tamil Nadu State Transport Corporation | to [pic]30,000/-. Therefore, in total, the High Court awarded a total amount of [pic]5,76,000/- as compensation to the appellants- claimants. The interest rate was also reduced to 9% per annum by the High Court from 12% awarded by the Tribunal. 7. It is pertinent to note that the only available documentary evidence on ... | 1[ds]7. It is pertinent to note that the only available documentary evidence on record of the monthly income of the deceased is the income tax return filed by him with the Income Tax Department. The High Court was correct therefore, to determine the monthly income on the basis of the income tax return. However, the Hig... | 1 | 1,852 | 350 | ### Instruction:
Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text.
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to [pic]30,000/-. Therefore, in total, the High Court awarded a total amount of [pic]5,76,000/- as compensation to the ap... |
The Commissioner of Income Tax, Bombay City Vs. Abdul Sattar Haji Usman & Others | the purchase inquestion was an adventure in trade. 3. Out of the area purchased the assessee sold 48,398 sq.yds. on March 6, 1961 at the rate of R.15/- per sq.yd. The Income-tax Officer brought to tax what according to him is the profit earned by the assessee in the assessment year 1962-63 as a result of the sale effec... | 1[ds]4. The Tribunal came to the conclusion that the method adopted by thex Officer for determining the purchase price per sq. yd. was wholly erroneous. It opined, in our opinion, rightly that there was o basis for averaging the purchase price as the different plots of land purchased were situated at different places a... | 1 | 1,303 | 562 | ### 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 purchase inquestion was an adventure in trade. 3. Out of the area purchased the assessee sold 48,398 sq.... |
Hardyal Prem Vs. State of Rajasthan | and a silver kada from the house of Narain but nothing was recovered from the house of Hardyal. On October 8, 1974 again the house of the appellant Prem was searched and one silver kada was recovered. On the same day the house of Hardyal was searched which led to the recovery of certain silver articles, namely, a bali ... | 1[ds]5. The first circumstance relied upon by the prosecution is that these appellants made an inquiry from the deceased herself about her movement which she had later on reported to her sons PWs 1 and 7 and her husband. It transpires from the evidence that this report was made by the decreased about 15 or 20 days prio... | 1 | 1,501 | 821 | ### 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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and a silver kada from the house of Narain but nothing was recovered from the house of Hardyal. On Oc... |
Deputy Director Of Consolidation,Azamgarh Vs. Deen Bandhu Rai | unless he is satisfied that the proposed transfer is likely to defeat the scheme of consolidation and as we have arrived at the view that this exchange was not likely to defeat the scheme, he was bound to grant permission,"18. And in the concluding portion of the judgment they directed the Settlement Officer to pass an... | 1[ds]2. After hearing learned Counsel for the parties we have reached the conclusion that while the learned Judges of the High Court were right in setting aside the order of the Consolidation authorities refusing the application under S. 16-A of the Act, the directions which the High Court gave to the Settlement Office... | 1 | 5,844 | 1,184 | ### 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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unless he is satisfied that the proposed transfer is likely to defeat the scheme of consolidation and as we ... |
Smt. Rajbir Kaur & Another Vs. Messrs S. Chokesiri and Company | is permissible. However it is not necessary to pronounce on this question as even the other evidence on record relied upon by the trial Court and the appellate Court supports their finding as to the exclusive possession of the ice-cream seller. (21.) Dipak Banerjees case (AIR 1987 SC 2055 ) on which strong reliance was... | 1[ds]In the present case, it is no doubt true, that the order dated 3-2-1975 of the trial court appointing a Commissioner did not in terms direct the parties to appear before the Commissioner. There is this infirmity in the proceedings of the CommissionerBut it is possible to construe the power to appoint a Commissione... | 1 | 9,904 | 1,028 | ### 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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is permissible. However it is not necessary to pronounce on this question as even the other evide... |
NATIONAL FERTILIZERS LIMITED Vs. COLLECTOR OF C. EX., CHANDIGARH | 1. Having regard to the decisions of this court in O.N.G.C. v. Collector of Central Excise, [1992 (61) E.L.T. 3] and O.N.G.C. v. Collector of Central Excise, [1994 (70) E.L.T. 45], the disputes between the parties, who are a Central Government company and a department of the Central Government, have been referred to a ... | 0[ds]That does not appear to us to be permissible having regard to the fact that the disputes were, as aforesaid, referred to and resolved by the committee and it has resolved that the appellant would withdraw the appeals filed in the Supreme Court. Since the appellants counsel has no instructions to withdraw the appea... | 0 | 333 | 73 | ### 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:
1. Having regard to the decisions of this court in O.N.G.C. v. Collector of Central Excise, [1992 (61) E.L... |
Siddheshwar Sahakari Sakhar Karkhana Ltd Vs. C.I.T., Kolhapur | funds like Chief Ministers Relief Fund, the amount collected towards Area Development Fund is retained by the sugar factory itself and utilized as per the guidelines issued by the Government or the National Cooperatives Development Corporation. The collective Body of the Society and its elected representatives take the... | 1[ds]First, discussion needs to be focused on the first feature, namely, conversion of deposit into shares. The Tribunal rightly pointed out and it is not disputed before us that such conversion is as good as refund. Such conversion into additional shares is however postponed till the events of repayment of loans towar... | 1 | 11,612 | 2,142 | ### Instruction:
Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding.
### Input:
funds like Chief Ministers Relief Fund, the amount collected towards Area Development Fund is retaine... |
Rustom Cowasjee Cooper & Another Vs. Union of India | which go to make up the undertaking and omitting important items amounts to adopting an irrelevant principle in the determination of the value of the undertaking, and does not furnish compensation to the expropriated owner. 124. The Attorney-General contended that the total value of the undertaking of the named banks e... | 1[ds]17. The judgment of this Court in State Trading Corporation of India Ltd. v. Commercial Tax Officer, Visakhapatnam, (1964) 4 SCR 99 = (AIR 1963 SC 1811 ) has no bearing on this question. In that case in a petition under Article 32 of the Constitution the State Trading Corporation challenged the infringement of ... | 1 | 32,597 | 12,741 | ### 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:
which go to make up the undertaking and omitting important items amounts to adopting an irrelevant principle in the determin... |
State Of Madhya Pradesh & Ors Vs. Orient Paper Mills Ltd | sum as royalty computed at a certain rate per ton on the amount of coal raised and coke manufactured. It was contended on behalf of the assessee that the sums received as salami and royalty did not constitute income but were capital receipts, representing the price of the minerals removed. There was also a provision fo... | 1[ds]From no dealer, no sales tax to no sale, no sales tax is the shift in the epicentre of the argument caused by an amendment to the sales tax statute legislated after and on account of the very judgment under appeal. Suffice it to say for the present, no sale, no sales tax is a legal truism.It may be mentioned right... | 1 | 5,306 | 2,405 | ### 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:
sum as royalty computed at a certain rate per ton on the amount of coal raised and coke manufactured. It was contended on ... |
S. Krishnan And Others Vs. The State Of Madras(And Other Petitions)Union Of India--In | on an erroneous assumption that the Clause confers legislative power on Parliament. The ambit of the legislative powers of Parliament is continued in Art. 245 of the Constitution read with the entries in Sch. 7. Art. 22 of the Constitution restricts those powers to a certain extent. It does not enlarge them. Cl. (7), h... | 0[ds]But this fiction cannot obscure the fact that in the case of the petitioners more than three months had elapsed from the date of their arrest without any Advisory Board making a report on their detention and it is, of course, not possible for the Advisory Board now provided for in such cases to Sub-mit its report ... | 0 | 7,022 | 893 | ### 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:
on an erroneous assumption that the Clause confers legislative power on Parliament. The ambit of the legislative p... |
Sardarmal Lalwani Vs. State of Madhya Pradesh & Others | the land on or about the date of acquisition, by virtue of the provisions of S. 3 of the Land Acquisition (M. P. Amendment) Act, 1959. 5. It is alleged inter alia that Bhopal was made Capital of Madhya Pradesh on November 1, 1956. We were referred to the report of the States Reorganisation Commission, 1955. Para 486 (p... | 1[ds]The learned Advocate General was unable to point out to us any material to show that there was any expectation or speculation on or about the Ist October, 1955 that Bhopal would be the Capital of Madhya Pradesh. If this fact had been established, it may have been reasonable to have fixed the date for the purpose o... | 1 | 1,703 | 684 | ### Instruction:
Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences.
### Input:
the land on or about the date of acquisition, by virtue of the provisions of S. 3 of the Land Acquisition (M. P. Amendment... |
Niwas Vs. Delhi Administration | is hardly 8 months and 14 days. The only ground on which his case for premature release has been deferred by the Sentence Revising Board as stated in the counter-affidavit is that the report of the Probation Officer is awaited and had not been received by the Board till its meeting held on March 25, 1982. We find from ... | 0[ds]We find from the affidavit in rejoinder an averment made to the effect that the Probation Officers report was forwarded to the Superintendent of Jail for being kept before the Board meeting that was to be held on September 21, 1981. However, there is no clinching material before us to show that the report was actu... | 0 | 1,596 | 511 | ### 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:
is hardly 8 months and 14 days. The only ground on which his case for premature release has been ... |
Joginder Singh And Others Vs. The Deputy Custodian General Of Evacuee Property | cancel allotment of rural evacuee property on a quasi permanent basis. The result is that an allotment of such land can be cancelled only in the circumstances specified in that sub-rule. Therefore, subsequent to July 22, 1952 the Custodian of Evacuee Property would have the power to cancel an allotment only upon a grou... | 1[ds]7. The view taken by the Division Bench to the effect that R. 14 (6) did not stand in the way of the Custodian-General or the Custodian from restoring the land to the respondents the allotment with respect to which was wrongly cancelled by the Custodian cannot be sustained. No doubt it is one of the highest duties... | 1 | 2,471 | 1,159 | ### 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:
cancel allotment of rural evacuee property on a quasi permanent basis. The result is that an allotment of such land can b... |
Charanji Lal Vs. State Of Punjab | or fastened, or due to various other causes including breakage of the container, or because decomposition has occurred, or it may be lost in transit. The word "damaged" in the collocation of the words "lost or damaged" occurring in sub-s. (2) of s. 11 and in the proviso to sub-s. (2C) of s. 13 must be construed in furt... | 1[ds]In Strouds Judicial Dictionary of Words &Phrases, 3rd edn., p. 710, para 9, it is stated: "You `damage a thing if you render it imperfect or inoperative". Decomposition would render a sample useless and of no value for analysis. While the Delhi High Court is right in holding in Joginder Lal Kapoors case, supra, th... | 1 | 4,869 | 657 | ### Instruction:
Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document.
### Input:
or fastened, or due to various other causes including breakage of the container, or because decompositi... |
Tarkeshwar Sio Thakur Jiu Vs. Bar Dass Dey and Company and Others | paragraph of the Section, it is expressly stated that the price so paid in consideration of the transfer is called "the premium, and the money, share, service, or other thing to be so rendered, is called the rent." 21. The definition of immovable property given in Section 3, Para I of that Act is in the negative, and i... | 0[ds]The argument is ingenious but untenable. The idol held the suit land comprised in the mine as an intermediary, only in the juristic sense, but, in fact he was exercising his rights in the suit land, through his human representative, the Shebait, Mohanta Srimat Dandi Swami. The Shebait could in that representative ... | 0 | 5,495 | 921 | ### 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:
paragraph of the Section, it is expressly stated that the price so paid in consideration of the transfer is called "the p... |
Sasan Power Limited Vs. North American Coal Corporation India Private Limited | not extend to the examination of the legality of the substantive contract. The language of the Section is plain and does not admit of any other construction. For the purpose of deciding whether the suit filed by the appellant herein is maintainable or impliedly barred by Section 45 of the 1996 Act, the Court is require... | 0[ds]19. It is settled law that there can only be an assignment of rights arising under a contract but not the "burden of a contract".In the facts and circumstances of the case on hand as indicated by the record, the AGREEMENT-II appears to be falling under the 2nd of the above mentioned two classes of the contracts. T... | 0 | 11,004 | 1,363 | ### 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:
not extend to the examination of the legality of the substantive contract. The language of the Section is plain and does ... |
Tilak Ram & Others Vs. Nathu & Others | the section, this Court stated that an acknowledgment may be sufficient by reason of Explanation 1 even if it omits to specify the exact nature of the right. Nevertheless, the statement on which a plea of acknowledgment is based must relate to a subsisting liability. The words used in the acknowledgment must indicate t... | 0[ds]5. Before we proceed to consider these contentions we may mention that none of the statements relied on by the appellants expressly admitted the appellants right to redeem or the liability of the respondents and theirto be redeemed. What these statements did was only to mention without anything more the fact of ju... | 0 | 3,583 | 642 | ### Instruction:
Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding.
### Input:
the section, this Court stated that an acknowledgment may be sufficient by reason of Explanation 1 even if it omits to spe... |
SRS Advertising & Marketing Pvt. Ltd. & Ors Vs. Mr. Kamal Garg & Anr | M. R. Shah, J. 1. Feeling aggrieved and dissatisifed with the impugned judgment and order dated 22.11.2021 passed by the High Court of Delhi in Writ Petition (Civil) No.12530 of 2021 and in Review Petition No.197 of 2021, the original Respondent No.2 has preferred the present appeals. 2. That Respondent No.1 herein – o... | 1[ds]3.1 Having gone through the impugned judgment and order passed by the High Court, we are of the opinion that the same passed by the High Court is unsustainable.3.2 The High Court has not properly appreciated the fact that what was challenged before it was regarding non-grant of any interim relief pending the appea... | 1 | 893 | 224 | ### 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:
M. R. Shah, J. 1. Feeling aggrieved and dissatisifed with the impugned judgment and order dated 22.11.2021 passed... |
The Brahmachari Research Institute, Calcutta-4 Vs. Their Workmen | properly so called.5. This brings us to the provisions of the Act with respect to retrenchment. "Retrenchment" is defined under S. 2 (oo) and means"the termination by the employer of the service of a workman for any reason whatsoever, otherwise than as a punishment inflicted by way of disciplinary action, but does not ... | 1[ds]4. It will be seen that the Award is a composite scheme providing for what is termed gratuity therein under three conditions, namely, (I) where there is retrenchment, (ii) where there is termination of service for any reason other than misconduct, and (iii) where there is resignation with the consent of the manage... | 1 | 2,032 | 765 | ### 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:
properly so called.5. This brings us to the provisions of the Act with respect to retrenchment. "Retrenchment... |
CENTRAL ORGANISATION FOR RAILWAY ELECTRIFICATION Vs. M/S ECI SPIC SMO MCML (JV) A JOINT VENTURE COMPANY | party in appointing an arbitrator would get counter-balanced by equal power with the other party. In para (21), it was held as under:- 21. ….The next sentences in the paragraph, further show that cases where both the parties could nominate respective arbitrators of their choice were found to be completely a different s... | 1[ds]16. After coming into force of Arbitration and Conciliation (Amendment) Act, 2015, the Government of India, Ministry of Railways made a modification to Clause 64 of the General Conditions of Contract and the Railway Board issued a notification dated 16.11.2016 in this regard. The modified Clause 64(3)(a)(i) (where... | 1 | 8,618 | 2,474 | ### Instruction:
Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding.
### Input:
party in appointing an arbitrator would get counter-balanced by equal power with the other party. In ... |
State Of M.P Vs. Ramesh | so imminent. Such situations have to be pragmatically viewed and not with high-powered spectacles or microscopes to detect slight or even marginal overstepping. Due weightage had to be given to, and hyper technical approach has to be avoided in considering what happens on the spur of the moment on the spot and keeping ... | 1[ds]It is not necessary for the accused to plead in so many words that he acted inIf the circumstances show that the right of private defence was legitimately exercised, it is open to the Court to consider such a plea. In a given case the Court can consider it even if the accused has not taken it, if the same is avail... | 1 | 4,015 | 971 | ### 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:
so imminent. Such situations have to be pragmatically viewed and not with high-powered spectacles or microscopes to detect ... |
Raj Kumar Vs. Union Of India | of the appellant, and also quashing the order dated March 29, 1965 issued by the State of Rajasthan. The High Court rejected the petition holding that the resignation became effective on the date on which it was accepted by the Government of India, and a subsequent withdrawal of the resignation was ineffective, even if... | 0[ds]3. In this appeal, with certificate granted by the High Court, counsel for the appellant contends that the appellant could, so long as acceptance of the resignation was not communicated to him, withdraw the resignation submitted by him. Counsel invited our attention to a circular memorandum issued on May 6, 1958, ... | 0 | 1,462 | 292 | ### 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:
of the appellant, and also quashing the order dated March 29, 1965 issued by the State of Rajasthan. The High... |
Krishna Kumar Birla Vs. Rajendra Singh Lodha | MPB did not become an executor. He, therefore, was not a trustee. Provisions of Section 73 of the Indian Trusts Act will, therefore, have no application. In the Will of PDB executed in the year 1982 he was merely named as an executor. It is also difficult, at this stage, to construe the Will of 1982 of PDB as an instru... | 1[ds]76. Such a suit, however, in our opinion must have a direct nexus with the estate of the testator and not to enforce a right in respect of the application of the estate of the testator under another will. Right to maintain a suit must be independent of the wills sought to be probated. No legal right accrues under ... | 1 | 24,003 | 3,582 | ### 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:
MPB did not become an executor. He, therefore, was not a trustee. Provisions of Section 73 of the Indian Trusts Act will, ... |
Ashok Shankarrao Chavan & Others Vs. Dr. Madhavrao Kinhalkar & Others | details observed by the Election Commission in its order, as to the nature of expenses and the stand of the Appellant as under : "As noted above, the main issue before the Election Commission of India was as to whether the expenditure expenses incurred for publishing two advertisements on 17th April, 2007 in the newspa... | 0[ds]21. Having dealt with the rival contentions of the parties, it would be necessary to find out whether the impugned order of the Election Commission is correct orpurpose is to find out an answer to the question posed for consideration, namely, whether under Section 10A of the Act, the Election Commission has been e... | 0 | 34,263 | 5,637 | ### 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:
details observed by the Election Commission in its order, as to the nature of expenses and the stand of the... |
NARENDRA KUMAR Vs. CHAIRMAN AND MANAGING DIRECTOR SYNDICATE BANK | in favour of the appellant on 15.7.2010 staying the operation of the impugned orders dated 31.05.2010 and 10.03.2008. 10. The Bank opposed the writ petition and pleadings were completed. Some supplementary affidavits were also filed and, alongwith the same, the appellant filed a letter dated 25.7.2013 addressed by the ... | 1[ds]13. We have examined the submissions advanced by learned counsel for the appellant and learned counsel for respondent No.1 in the contours of the aforesaid factual position. In our view, the impugned decisions of the respondent No.1 Bank are wholly unjustified and unsustainable in law even as per the Pension Regul... | 1 | 2,622 | 573 | ### 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:
in favour of the appellant on 15.7.2010 staying the operation of the impugned orders dated 31.05.2010 and 10.03.2008. 10. T... |
The Commissioner Of Income-Tax,Mysoretravancore-Cochin And Vs. The Indo Mercantile Bank, Limited(And Connected Appeal) | clear it cannot be used for the purpose of interpreting the main enactment or to exclude by implication what the enactment clearly says unless the words of the proviso are such that that is its necessary effect. (Vide also 1946 AC 32).11.In the proviso in dispute there are no positive words which would support an inter... | 0[ds]9. Now we come to S. 24(1). This section was introduced in 1922 before which under the Indian Act of 1918 a loss under one head of income could not be set off against income under another head, the taxability of income arising from each head being separate. By the addition of this section the loss under one head o... | 0 | 4,489 | 807 | ### 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:
clear it cannot be used for the purpose of interpreting the main enactment or to exclude by implication what the enactmen... |
Chembra Orchard Produce Ltd Vs. Regional Director Of Co.Affairs | and once such compromise is sanctioned by the Court, it would be binding to all creditors or class of creditors or members or class of members, as the case may be, which would also necessarily mean that even to dissenting creditors or class of creditors or dissenting members or class of members such sanctioned scheme w... | 1[ds]The aforesaid provisions of the Act show that compromise or arrangement can be proposed between a company and its creditors or any class of them or between a company and its members or any class of them. Such a compromise would also take in its sweep any scheme of amalgamation/merger of one company with another. W... | 1 | 5,025 | 1,215 | ### 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:
and once such compromise is sanctioned by the Court, it would be binding to all creditors or class of credit... |
L. N. Mishra Institute of Economic Development and Social Change Patna Vs. State of Bihar and Others | to decide in respect of each member of teaching staff on the merits of each case whether to absorb him in government service or to terminate his service or to allow him to continue on an ad hoc basis for a fixed term or on contract etc. Sub-paragraphs (2) and (3) relate to the members of teaching staff of the concerned... | 1[ds]14. The contention made on behalf of the petitioner-Society is wholly misconceived. The Ordinances were not promulgated and Act was not passed for the purpose of nationalisation of the Institute only. It is apparent from the provisions of the Ordinances and the Act that the private educational institutions as defi... | 1 | 10,006 | 989 | ### Instruction:
Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document.
### Input:
to decide in respect of each member of teaching staff on the merits of each case whether to absorb him ... |
Dharam Pal Vs. State of Haryana | is contradiction between the ocular testimony of PW- 6 and the medical evidence. It is contended that Asphyxia is not possible without any mark of violence and there is no external injury found on the body of the deceased contrary to the evidence of PW-6 who stated that the deceased was hit on the back side of his head... | 0[ds]7. It is no moreon of evidence is not required in a case where conviction has been confirmed by the High Court.There is a detailed discussion in the judgments of the Courts below about the illegal detention ofby the police and the continuous threat held out by the accused toThe Courts below relied upon the evidenc... | 0 | 2,734 | 847 | ### Instruction:
Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction.
### Input:
is contradiction between the ocular testimony of PW- 6 and the medical evidence. It is contended that Asphyxia is not possib... |
SHAMANNA Vs. THE DIVISIONAL MANAGER THE ORIENTAL INSURANCE CO. LTD | (3) of Section 168 of the Act the insured fails to deposit the amount awarded in favour of the insurer within thirty days from the date of announcement of the award by the Tribunal. (xi) The provisions contained in sub-section (4) with the proviso there under and sub-section (5) which are intended to cover specified co... | 1[ds]7. As per the decision in Swaran Singh case, onus is always upon the insurance company to prove that the driver had no valid driving licence and that there was breach of policy conditions. Where the driver did not possess the valid driving licence and there are breach of policy conditions, pay and recover can be o... | 1 | 2,751 | 818 | ### 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:
(3) of Section 168 of the Act the insured fails to deposit the amount awarded in favour of the insurer within... |
East India Hotels Ltd Vs. Commissioner of Income Tax | Court has opined that the said concept is relevant only in the case of factories. It was following the said decision that Question 2 was answered in favour of the Revenue. It is brought to our notice that in a subsequent decision in S.P. Jaiswal Estates (P) Ltd. [S.P. Jaiswal Estates (P) Ltd. v. CIT, 1995 (216) ITR 145... | 1[ds]It is not possible to agree. The depreciation is allowed on machinery and plant and not with reference to the nature or character of the activity carried on in the premises where the said machinery is installed. Indeed prior to 1-4-1970, there was no reference to hotels in Item III. If any machinery in installed i... | 1 | 1,560 | 484 | ### 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:
Court has opined that the said concept is relevant only in the case of factories. It was following the said... |
Padmini Bai Vs. Tangavva and Others | Sarkaria, J.1. Tatya died on February 2, 1955. The respondents, Tangavva and Sundra Bai are the co-widows of Tatya. They were co-plaintiffs in the original suit.2. The suit lands originally belonged to one Dev Gonda Patil who gifted the same by a registered deed, dated October 13, 1902 to Smt. Aku Bai. Aku Bai died sur... | 0[ds]We find no merit in this appeal. The overwhelming oral and documentary evidence of a creditworthy character on the record shows that Tatya was in continuous possession of the suit lands adversely to the appellant for a period of about 40 years. It is common ground that Tatya was not an heir of Aku Bai. Under the H... | 0 | 1,111 | 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:
Sarkaria, J.1. Tatya died on February 2, 1955. The respondents, Tangavva and Sundra Bai are the co-widows of Tatya. They w... |
RAJESH KUMAR DWIVEDI Vs. STATE OF UP | obtained from MITI, Haldwani for services and posts under State Government. The same is reproduced hereunder:?From The Director Training and Employment Uttar Pradesh, Lucknow To The Secretary Government of Uttar Pradesh Labour Department Secretariat, Lucknow. Letter No. /E-2/0102/Policy(General)/84-85 Dated: August 18,... | 0[ds]9. We find that the stand of the State that appellant is not possessed of educational qualifications is not tenable. The eligibility condition is that a candidate must have obtained a certificate in respective trade from NCVT. It is not necessary that a qualification prescribed in the Rules has to be possessed in ... | 0 | 1,600 | 212 | ### 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:
obtained from MITI, Haldwani for services and posts under State Government. The same is reproduced hereunder:?From The Direc... |
Goodyear India Ltd Vs. Commissioner of Income Tax | 1. This appeal takes exception to the judgment and order dt. 28th April, 2008 passed by the High Court of Delhi at New Delhi in IT Appeal No. 223 of 2005, whereby the appeal filed by the Department was allowed and the issue of deletion of undisclosed income of the Assessee answered against the Appellant-Assessee. 2. Af... | 1[ds]2. After hearing learned Counsel for the parties and perusing the impugned judgment as well as the judgment of the AO and the Tribunal, we find that the Tribunal had analysed all the relevant facts, materials and documents to arrive at the conclusion that it was not a case of nondisclosure as assumed by the Depart... | 1 | 708 | 321 | ### Instruction:
Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction.
### Input:
1. This appeal takes exception to the judgment and order dt. 28th April, 2008 passed by the High Court of Delhi at New Delhi... |
A.N. Venkatesh Vs. State Of Karnataka | been made. PW-13 has deposed that he was running an STD telephone booth at B.H. Road, Arasikere. On 20.5.96 A! and A2 had come to his telephone booth at about 2.30 P.M. and had telephoned to one telephone no.80347 at Hosadurga, which was later on corrected by him to be the telephone no.80537 on STD code no.08199, which... | 0[ds]The argument of the learned counsel is built upon the premises that the complainant party had decided to pay the ransom and to follow the instructions of payment of ransom amount by throwing it at the identified spot from the train. We have already discussed the evidence of the witnesses from where we find that th... | 0 | 5,195 | 234 | ### 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:
been made. PW-13 has deposed that he was running an STD telephone booth at B.H. Road, Arasikere. On 20.5.96 ... |
Shankar Finance & Investments Vs. State of Andhra Pradesh & Others | after investigation on a first information report by one Bhattacharya, Mains Superintendent of Patna Electric Supply Co. (PES Co. for short). An objection was raised by the accused that the prosecution was incompetent as it was not launched by a person competent to do so. The said objection was based on section 50 of t... | 1[ds]Referring to the decision in Associated Cement Co. Ltd. Vs. Keshvanand (1998 (1) SCC 687 ), this Court heldhas further been held that no Magistrate shall insist that the particular person, whose statement was taken on oath at the first instance, alone can continue to represent the company till the end of the proce... | 1 | 2,970 | 1,308 | ### 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:
after investigation on a first information report by one Bhattacharya, Mains Superintendent of Patna Electr... |
Travancore Sugars And Chemicals Ltd Vs. Commissioner Of Income-Tax Kerala | to her under the agreement. The question arose whether the amount which the lady received in lieu of the oil was annual profit or gain from any other source and the Appellate Court in Canada held that it was not so, but was a capital receipt. On appeal the Judicial Committee agreed with the Appellate Court in Canada th... | 1[ds]In view of these facts we are of opinion that the payment of the annual sum of Rs. 42,480 in the present case is not in the nature of capital expenditure but is in the nature of revenue expenditure and the judgment of the High Court of Kerala on this point must be overruled. The view that we have expressed is born... | 1 | 4,303 | 2,021 | ### Instruction:
Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text.
### Input:
to her under the agreement. The question arose whether the amount which the lady received in lieu of the oil was annual p... |
Imax Corporation Vs. M/S E-City Entertainment (I) P.Ltd | commercial arbitrations held out of India provisions of Part I would apply unless the parties by agreement, express or implied, exclude all or any of its provisions. In that case the laws or rules chosen by the parties would prevail. Any provision, in Part I, which is contrary to or excluded by that law or rules will n... | 0[ds]15. The only question that arises for consideration before us is whether the challenge to the award made by the respondent under Section 34 of the Arbitration Act is maintainable before a court in India. Clearly, if the answer is in the negative it is not necessary to decide the question of delay. Thus, we make it... | 0 | 4,256 | 1,040 | ### 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:
commercial arbitrations held out of India provisions of Part I would apply unless the parties by agreement, e... |
Union Of India Vs. M/S Nitdip Text. Processors (P)Ltd | to give incentives and lay down the rates of taxation, benefits or concessions. In the field of taxation if the test of Article 14 is satisfied by generality of provisions the courts would not substitute judicial wisdom for legislative wisdom. 43) In Aashirwad Films v. Union of India, (2007) 6 SCC 624 , this Court has ... | 1[ds]In determining whether classification is reasonable, regard must be had to the purpose for which legislation is designed. As we have seen, while understanding the Scheme of the legislation, the legislation is based on a reasonable basis which is firstly, the amount of duties, cesses, interest, fine or penalty must... | 1 | 13,644 | 865 | ### Instruction:
Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding.
### Input:
to give incentives and lay down the rates of taxation, benefits or concessions. In the field of taxat... |
Meenal Eknath Kshirsagar Vs. Traders And Agencies | to her and by not referring to those facts she had come to the Court with unclean hands and that by itself was sufficient to disentitle her from getting a decree of eviction. If the appellant believed that the Olympus flat of which her husband was a tenant was not available for occupation as the same was vacated by her... | 1[ds]The fact that the appellant is the owner of the suit premises and that she does not own any other premises in the City of Bombay is not in dispute. She does not possess, even as a tenant, any premises in Bombay. No doubt, she would be entitled to stay in the premises of which her husband is a tenant but if for any... | 1 | 4,281 | 1,163 | ### 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:
to her and by not referring to those facts she had come to the Court with unclean hands and that by itself was sufficient ... |
Mysore State Road Transport Corporation Vs. Gopinath Gundachar Char | any extended area (b) to provide for any ancillary service; (c) to provide for its employees suitable conditions of service including fair wages, establishment of provident fund, living accommodation, places for rest and recreation and other amenities. 34 (1) The State Government may, after consultation with a Corporat... | 1[ds]The appellant is an autonomous Corporation incorporated under the Act for the purpose of operating road transport services in the State and extended areas. For the proper discharge of its functions, it is necessary for the Corporation to appoint officers and servants. Section 14 (2) expressly confers upon the Corp... | 1 | 1,547 | 571 | ### 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:
any extended area (b) to provide for any ancillary service; (c) to provide for its employees suitable condit... |
PANDIT MALHARI MAHALE Vs. MONIKA PANDIT MAHALE & ORS | 1. Leave granted. 2. We have heard learned counsel for the appellant. Despite service, no one is present on behalf of the respondents. 3. This appeal has been filed against the judgment and order dated 14.08.2018 passed by the High Court in W.P. (C) No. 11263/2016, by which the High Court dismissed the writ petition. 4... | 1[ds]6. We have considered the submissions of learned counsel for the appellant and perused the record.7. From the evidence on record, it does appear that evidence had begun and thereafter amendment application was filed. Without their being any finding by the Court as contemplated by Order VI Rule 16 proviso, the Cour... | 1 | 515 | 303 | ### Instruction:
Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document.
### Input:
1. Leave granted. 2. We have heard learned counsel for the appellant. Despite service, no one is presen... |
Hindustan Construction Company Ltd Vs. Union Of India | copy thereof, and, therefore, it cannot be acted upon. The High Court has accepted the contention of the respondent and all that it has said in that behalf is that it is clear from a perusal of the award that it is not a signed copy of the award but it is certified as correct copy of the award, dated the 27th May 1961.... | 1[ds]is not in dispute that in the present case the original award has not beenHigh Court has accepted the contention of the respondent and all that it has said in that behalf is that it is clear from a perusal of the award that it is not a signed copy of the award but it is certified as correct copy of the award, date... | 1 | 1,947 | 733 | ### 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:
copy thereof, and, therefore, it cannot be acted upon. The High Court has accepted the contention of th... |
New Bank of India Employees Union & Another Vs. Union of India & Others | well as the Union Government considered the total volume of business of both the banks, the rate of promotion in both the banks, the number of employees in both the banks, as well as the impact if the entire length of service of the employees of the transferor bank is taken into account or one time reduced level is tak... | 0[ds]18. According to Mr. Rao the aforesaid provision makes it clear that the employees of the transferor bank would continue to be the employees of the transferee bank on the same terms and conditions which they were enjoying under their erstwhile employer, namely, the transferor bank, until and unless the terms and c... | 0 | 12,102 | 4,361 | ### Instruction:
Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding.
### Input:
well as the Union Government considered the total volume of business of both the banks, the rate of p... |
Chandra Kant Missir & Others Vs. Balakrishna Missir & Others | kathas 10 dhurs were exchanged by Bouku - out of Khasra No. 1643 for another land. There are again two documents Exts. C and C/-1. Ext. C being a sale deed by Jaibodh son of Basudeo and Ext. C/-1 by Basudeo under which lands which fell to the share of Basudeo had been sold. These documents clearly indicate that parts o... | 0[ds]4. On the evidence it is clear that there was severance of the joint family status and the members of the family were divided in 1914 and their respective shares were since then separately enjoyed and possessed by them thereafter and were entered in the revenue records in their names. That the three members of the... | 0 | 2,091 | 722 | ### 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:
kathas 10 dhurs were exchanged by Bouku - out of Khasra No. 1643 for another land. There are again two documents Exts. C an... |
Bharat Hydro Power Corpn. Ltd. Vs. State Of Assam | 11) are not applicable to the appellants as they are not licensees: 32. Faced with this situation Mr. V.R. Reddy, learned senior counsel for the the appellants, submitted that the appellants are deemed licensees under the provisions of Act of 1948. For this he has referred to Section 26A of the Act of 1948. Section 26A... | 0[ds]We do not find any substance in this submission.Section 37 of Act of 1948 provides for purchase of generating stations or undertakings or main transmission lines by the Board. This Section would also not apply to the present case. The legislature in its wisdom made only certain provisions of Act of 1910 applicable... | 0 | 8,116 | 298 | ### Instruction:
Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding.
### Input:
11) are not applicable to the appellants as they are not licensees: 32. Faced with this situation Mr.... |
IFFCO-TOKIO GENERAL INSURANCE COMPANY LTD Vs. M/s NEW INDIA DETERGENTS LTD. & ANR | 1. The instant statutory appeal is directed against the judgment and order dated 14.02.2022 passed by the National Consumer Disputes Redressal Commission, New Delhi (the Commission for short) in Consumer Complaint No.2042 of 2016. 2. Accepting the claim raised by the complainant, the Commission directed the appellant t... | 0[ds]4. With his able assistance, we have gone through the entire record.5. We affirm the view taken by the Commission that the matter would not be covered by the Exclusion Clause in terms of Clause 6.1 of the Policy. In the circumstances, the order passed by the Commission does not call for any interference. | 0 | 200 | 64 | ### Instruction:
Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction.
### Input:
1. The instant statutory appeal is directed against the judgment and order dated 14.02.2022 passed by the National Consumer ... |
State of Madhya Pradesh Vs. State of Maharashtra and Others | Rule 2 of the Code of Civil Procedure cannot operate is that the plaintiffs ca use of action in the 1956 suit is totally different from the cause of action in the 1949 suit. See Pavana Reena Saminathan v. Palaniappa(I.A. 142.).18. This Court in Jai Chand Sawhney v. Union of India ([1970] S.C.R. 222.) held that in a sui... | 0[ds]Relying on the decision of this Court in Jai Chand Sawhneys case and Sakal Deeps case (supra) counsel for Madhya Pradesh contended that the plaintiff would not be entitled to more than three years salary. The present case is not one of setting aside an order of dismissal simpliciter. When the plaintiff filed a sui... | 0 | 4,905 | 866 | ### 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:
Rule 2 of the Code of Civil Procedure cannot operate is that the plaintiffs ca use of action in the 1956 su... |
Ramchandra Rambux Vs. Champabai And Others | we turn to the reverse of the sheet on which the document is inscribed, we find that as we go lower down, more and more words seem to be crammed in each line and the spacing between two lines tends to decrease, even though there appears to have been plenty of room for the sigature of Ramdhan to be scribed lower down on... | 0[ds].In order to judge the credibility of the witnesses, the Court is not confined only to the way in which the witnesses have deposed or to the demeanour of witnesses but it is open to it to look into the surrounding circumstances as well as the probabilities so that it may be able to form a correct idea of the trust... | 0 | 4,637 | 1,781 | ### 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:
we turn to the reverse of the sheet on which the document is inscribed, we find that as we go low... |
M/S RADHA EXPORTS (INDIA) PRIVATE LIMITED Vs. K.P JAYARAM & ANR. | were transferred to the NCLT and also the pleadings in CP/77/ (IB)/CB/2018 and WCP No. 770/IB/CB/C-II/2018 filed before the Chennai Bench of NCLT. Any suit filed by the Respondents against Mr. Krishnan or against the company will be decided on its own merits without being swayed by the observations made in this judgmen... | 1[ds]16. Allegations of forgery and fraud are not decided in proceedings under Sections 433 and 434 of the Companies Act 1956 for winding up of a company. Such disputes necessarily have to be adjudicated in a regular suit, on the basis of evidence, including forensic examination reports.30. It appears that the Appellat... | 1 | 6,551 | 1,498 | ### Instruction:
Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding.
### Input:
were transferred to the NCLT and also the pleadings in CP/77/ (IB)/CB/2018 and WCP No. 770/IB/CB/C-II... |
Commissioner Of Income-Tax, Gujarat Vs. Ashokbhai Chimanbhai | to be taken and the profit or loss was to be ascertained on the Divali day of each samvat year. Arvind died on August 31, 1950, and his share in the profits as ascertained on August 31, 1950 was sought to be added under S. 16 (3) of the Income-tax Act, 1922, to the income of his father on the footing that the amount co... | 0[ds]In Bhogilals case, 1955-28 ITR 919 ; (AIR 1956 Bom 411 ), the position was substantially the same as in the present case. On Arvind attaining the age of majority and electing to continue as a partner he became entitled to all the rights and obligations of a partner since he was admitted to the benefits of the pa... | 0 | 5,057 | 1,488 | ### 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:
to be taken and the profit or loss was to be ascertained on the Divali day of each samvat year. A... |
Md.Jamiluddin Nasir Vs. State Of West Bengal | Road, Khirgaon and Hazaribagh. In pursuance to the said development, that place was surrounded by the police to nab the terrorists.7. The police team which proceeded to Khan Road, Khirgaon, Hazaribagh at 6.45 a.m. cordoned the premises and suspecting the inmates to be militants, stated to have announced that they shoul... | 0[ds]At the very outset, it must be stated that there was a detailed consideration made by the learned Sessions Judge of the oral evidence, as well as documentary evidence and material objects placed before it, while passing its Judgment on 26.04.2005. Equally, the Division Bench of the High Court has made a thorough c... | 0 | 3,960 | 4,117 | ### Instruction:
First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document.
### Input:
Road, Khirgaon and Hazaribagh. In pursuance to the said development, that place was surrounded by the police to nab the ter... |
ERUDHAYA PRIYA Vs. STATE EXPRESS TRANSPORT CORPORATION LTD | was also attributed under various heads of extra nourishment, medical expenses, physiotherapy, loss of matrimonial aspects, loss of comfort and amenities, mental agony, and pain and suffering. The total quantification of the compensation by the MACT was of Rs. 35,24,288/- payable by the respondent State Corporation alo... | 1[ds]6. We heard learned counsels for the parties. They have also filed short synopses of their respective claims and rebuttals thereof, with the appellant enlisting the principles which can apply to her case, the law being now well settled in like cases.7. There are three aspects which are required to be examined by u... | 1 | 1,540 | 889 | ### 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:
was also attributed under various heads of extra nourishment, medical expenses, physiotherapy, lo... |
Percept D'Mark (India) Pvt.Ltd Vs. Zaheer Khan | defendants to continue to employ in the fiduciary capacity of a manager and agent someone in whom he had lost confidence. 60. Clause 31 (a) and (b) is reproduced below:- "31. NEGOTIATION AND RIGHTS OF FIRST REFUSAL: (a) NEGOTIATION: During the third contract year, and in any event not later than August 1st, 2003 the Pa... | 0[ds]We have already perused the judgment of the learned Single Judge and of the learned Division Bench of the High Court. On the pleadings contained in the Arbitration Petition, there can be no escape from the conclusion that what the appellant sought to enforce was a negative covenant which, according to the appellan... | 0 | 10,893 | 1,270 | ### 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:
defendants to continue to employ in the fiduciary capacity of a manager and agent someone in whom he had los... |
Maharashtra State Financial Corporation Vs. Jaycee Drugs and Pharmaceuticals Private Limited & Others | for attachment or sale of property as contained in the Code in its entirety and to achieve this purpose the words "as far as practicable" were used in the sub-section. To us it appears that in the absence of any provision such as sub-section (8) of Section 32 applying the manner provided in the Code for the execution o... | 1[ds]13. Having extracted the relevant statutory provisions we now take up the question of jurisdiction. Sub-Section (1) of Section 31 of the Act contemplates making of the petition thereunder "to the District Judge within the limits of whose jurisdiction the industrial concern carries on the whole or a substantial par... | 1 | 8,929 | 1,029 | ### 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:
for attachment or sale of property as contained in the Code in its entirety and to achieve this purpose the words... |
JOYDEEP MAJUMDAR Vs. BHARTI JAISWAL MAJUMDAR | On the other hand, the respondent in her case for restitution of conjugal rights contended that the husband without any reasonable cause had deserted her and accordingly she pleaded for direction to the appellant, for resumption of matrimonial life. 6. The Family Court at Dehradun analogously considered both cases. The... | 0[ds]10. For considering dissolution of marriage at the instance of a spouse who allege mental cruelty, the result of such mental cruelty must be such that it is not possible to continue with the matrimonial relationship. In other words, the wronged party cannot be expected to condone such conduct and continue to live ... | 0 | 1,535 | 516 | ### 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:
On the other hand, the respondent in her case for restitution of conjugal rights contended that t... |
Union of India Etc Vs. K. R. Tahiliani and Another | KRISHNA IYER, J.1. Two government servants have been retired from service in exercise of the powers vested in the Central Government by Rule 56 (j) (i) of the Fundamental Rules. They have successfully challenged compulsory retirement by petitions under Article 226 of the Constitution and the Union of India has come up ... | 0[ds]A Government servant ordinarily holds service at the pleasure of the State but in our Republic where the rule of law prevail s even pleasure is canalised by rules. Viewed from this perspective security of tenure is a value in itself. In Government jurisprudence it is, however, open to the State to make rules under... | 0 | 862 | 511 | ### 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:
KRISHNA IYER, J.1. Two government servants have been retired from service in exercise of the powers vested in the Central G... |
Virendra Pal Singh and Others Vs. District Assistant Registrar, Cooperative Societies, Etah and Another | cooperative societies, when otherwise they are registered under the Cooperative Societies Act and are subject to the duties, liabilities and control of the provisions of the Cooperative Societies Act. We do not think that the question deserves any more consideration and, we, therefore, hold that the U.P. Cooperative So... | 0[ds]There is no substance whatever in this submission. Entry 43 of List I is "incorporation, regulation and winding up of trading corporations, including banking, insurance and financial corporations but not including cooperative societies". Entry 44 is "incorporation, regulation and winding up of corporations whether... | 0 | 3,463 | 1,039 | ### Instruction:
Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding.
### Input:
cooperative societies, when otherwise they are registered under the Cooperative Societies Act and are subject to t... |
M/S. Castrol India Ltd Vs. Comnr. Of Central Excise, Calcutta-I | oils or by blending or compounding of mineral oils with any other ingredients, from the whole of the duty of excise leviable thereon under Section 3 of the Central Excises and Salt Act, 1944 (1 of 1944).Explanation - The expression "mineral oil" has the meaning assigned to it in Explanation 1 to Item No.6 of the First ... | 1[ds]13. Undisputedly in the present case there was no reference to any tariff entry in the Notification. Therefore, the majority view is clearly unsustainable. Additionally, we find that CEGAT had in some other cases taken the same view as the minority view. It is fairly accepted by learned Additional Solicitor Genera... | 1 | 2,684 | 616 | ### 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:
oils or by blending or compounding of mineral oils with any other ingredients, from the whole of the duty o... |
Noor Ali Vs. National Insurance Co. Ltd | 1. Leave granted. 2. Heard learned counsel for the parties. 3. The appellant is engaged in the business of motor parts. He took fire insurance policy for the period from 18th July, 2003, to 17th July, 2004 for a sum of Rupees ten lakhs. On the night intervening 3rd/4th August, 2003, at about 11.00 p.m., a fire incident... | 1[ds]From a bare perusal of the impugned orders of the State Commission and the National Commission, it is clear that neither of them considered the documents produced by the appellant which had been considered by the District Forum while awarding compensation of Rs.6,70,883/and on that account cause of the appellant h... | 1 | 607 | 60 | ### 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:
1. Leave granted. 2. Heard learned counsel for the parties. 3. The appellant is engaged in the business of motor parts. H... |
Indian Aluminium Cables Limited and Another Vs. Excise and Taxation Officer and Another | the judgment on behalf of a Constitution Bench of this Court adverted to the facts of the case and stated that the registered dealer under the Punjab General Sales Tax Act had filed returns for the 4 quarters of the financial year ending on March 31, 1955 as also for the 4 quarters for the financial year ending on Marc... | 0[ds]This was, it appears to us, clearly a mistaken reading of the judgment of this Court. The majority in our opinion, was also wrong in importing the period of limitation provided ins (4), (5) and (6) of section 11 of the Act inton (3) must also be completed within 3 years from the last date on which the return shoul... | 0 | 5,748 | 655 | ### Instruction:
Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document.
### Input:
the judgment on behalf of a Constitution Bench of this Court adverted to the facts of the case and stated t... |
S.P. MISRA Vs. MOHD.LAIQUDDIN KHAN | Adiga v. Gowri and Others (2017) 4 SCC 97 , on which strong reliance is placed by Sri. A.Subba Rao, learned counsel appearing for the appellants, would not render any assistance to support his case, having regard to facts of the case on hand and the rights litigated in the Suit in O.S. No. 580 of 1988, before the II Se... | 0[ds]15. From a perusal of the relief sought for in the Execution Petition, by the legal heirs of the original plaintiff, itself makes it clear that reliefs sought in Execution Petition are going beyond the scope of the decree. It is fairly well- settled that, the Executing Court cannot travel beyond the decree. The on... | 0 | 3,433 | 1,366 | ### 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:
Adiga v. Gowri and Others (2017) 4 SCC 97 , on which strong reliance is placed by Sri. A.Subba Rao, learned counsel appeari... |
Sanjay Shivaji Dhapse Vs. The State of Maharashtra | Oral Judgment: (S.S. Shinde, J.)1. When the matter was called out, none appeared for the petitioner. Learned A.P.P. for respondent State and learned Counsel appearing for respondent no.3 are present.2. This Criminal Writ Petition is filed, seeking direction to respondent Nos.4 and 5 to register an offense as per compla... | 0[ds]4. The learned Counsel appearing for the petitioner, is not present. With the able assistance of learned A.P.P. and learned Counsel for respondent no.3, we have perused the petition, annexures thereto and replies filed by the State as well as the Insurance Company. In the first place, as rightly contended by learn... | 0 | 713 | 228 | ### 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:
Oral Judgment: (S.S. Shinde, J.)1. When the matter was called out, none appeared for the petitioner. Learne... |
Ahmedabad Pvt. Primary Teachers' Association Vs. Administrative Officer | under S.1(3)(c) of the Act of 1972, is that such non teaching staff of educational institutions as answer the description of any of the employment contained in the definition Clause.2(e), would be covered by the provisions of the Act. The teaching staff being not covered by the definition of ‘employee’ can get no advan... | 0[ds]6. The Act is a piece of social welfare legislation and deals with the payment of gratuity which is a kind of retiral benefit like pension, provident fund etc. As has been explained in the concurring opinion of one of the learned judges of the High Court ‘gratuity in its etymological sense is a gift, especially fo... | 0 | 4,379 | 1,210 | ### 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:
under S.1(3)(c) of the Act of 1972, is that such non teaching staff of educational institutions as answer the description... |
Collector Of Central Excise, Baroda Vs. Ambalal Sarabhai Enterprises | it would be unlikely to be marketable as it was highly unstable. There was evidence as noted by the Tribunal that it has not been marketed by anyone. There is also an admission of the Superintendent of the appellant that no enquiry whatsoever was conducted by the department as to whether starch hydrolysate was ever mar... | 0[ds]3. We are concerned in this appeal with starch hydrolysate and, therefore, if the process or activity of the assessee brings into existence an article different and distinct from it was before the process and a new identifiable article known in the market as such comes into being, then the use of such starch hydro... | 0 | 4,511 | 3,487 | ### 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:
it would be unlikely to be marketable as it was highly unstable. There was evidence as noted by the Tribunal that it has not... |
NEW DELHI MUNICIPAL COUNCIL Vs. MINOSHA INDIA LIMITED | When the resolution plan is approved, a new management takes over. All this is contemplated when the CIRP is successful. Undoubtedly, if it is unsuccessful, the corporate debtor slips into liquidation. Therefore, on the one hand, an application under Section 7, 9 or 10, does bring in a period which is intended to bring... | 0[ds]In (1976) 3 All England Law Reports 611, Lord Simon of Glaisdale, in the case of Suthendran v. Immigration Appeal Tribunal has given an exposition of the golden rule of interpretation, which is the same as understanding the words of a Statute in their natural and ordinary sense, with reference to the grammatical m... | 0 | 7,199 | 2,039 | ### 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:
When the resolution plan is approved, a new management takes over. All this is contemplated when the CIRP is succ... |
P.R. Shah Shares & Stock Brokers (P)Ltd Vs. M/S. B.H.H. Securities (P) Ltd. | Anr. [2003 (5) SCC 531 ] wherein this Court held that where a suit is commenced in respect of a matter which falls partly within the arbitration agreement and partly outside and which involves the parties, some of whom are parties to the agreement while some are not, Section 8 of the Act was not attracted and the subje... | 0[ds]10. At the outset, it should be noticed that the arbitration in this case is not an ad hoc arbitration under an arbitration agreement executed between the parties, but was an institutional arbitration under the Bye Laws of the Exchange. All claims, differences, complaints and disputes between two members in relati... | 0 | 4,037 | 1,793 | ### 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:
Anr. [2003 (5) SCC 531 ] wherein this Court held that where a suit is commenced in respect of a matter which... |
M. Dayanand Reddy Vs. A. P. Industrial Infrastructure Corporation Limited and Others | agreement to arbitrate is enforcement of the agreement to arbitrate and not to damages arising out of such breach. Moreover, there is a further significant difference between an ordinary agreement and an arbitration agreement. In an arbitration agreement, the courts have discretionary power of dispensation of a valid a... | 0[ds]8. Under the Arbitration Act, 1940, only an arbitration agreement in writing is recognised buy the Act. It has been held by this Court in Jugal Kishore Rameshwardas v. Mrs. Goolbai Hormusji that it is not necessary that the contract between the parties should be signed by both the parties. But it is necessary that... | 0 | 3,189 | 1,536 | ### 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:
agreement to arbitrate is enforcement of the agreement to arbitrate and not to damages arising out of such breach.... |
Kuldeep Singh Vs. Govt. Of Nct Of Delhi | required to be verified. For the said purpose, the applications were required to be strictly scrutinized. [See Ashok Lenka (supra)] 27. Unless, therefore, an accrued or vested right had been derived by the Appellants, the policy decision could have been changed. What would be an acquired or accrued right in the present... | 1[ds]In a case of this nature where the State has the exclusive privilege and the citizen has no fundamental right to carry on business in liquor, in our opinion, the policy which would be applicable is the one which is prevalent on the date of grant and not the one, on which the application had been filed. If a policy... | 1 | 4,687 | 266 | ### 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:
required to be verified. For the said purpose, the applications were required to be strictly scrutinized. [See Ashok Lenka (... |
UOI Vs. Sita Ram Jaiswal | plaintiff respondent was entitled to the sum for supply of Mac Intyre Sleeves because the same were not supplied gratuitously.3. The appellant denied in the written statement that there was any enforceable contract, and, therefore, the respondent was not entitled to sue for price of the goods delivered. The appellant t... | 1[ds]The Division Bench on appeal held that the goods were accepted by the appellant. The Division Bench held that title to the goods passed and if title passed then the whole context of section 70 of the Indian Contract Act would be irrelevant. The judgment of the Division Bench is confused. The Division Bench treated... | 1 | 1,223 | 377 | ### 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:
plaintiff respondent was entitled to the sum for supply of Mac Intyre Sleeves because the same we... |
THE STATE OF ODISHA Vs. MANJU NAIK | qualifying service prescribed in the Pension Rules must be satisfied to become eligible for invalid pension and the arguments made to the contrary that invalid pension can be claimed under Rule 39 without satisfying the stipulated qualifying service mentioned in the same Rules, do not appeal to us. The respondents husb... | 1[ds]19. The respondents husband was retired on the ground of mental infirmity and hence the service gratuity was paid and the widow had received the same, without any demur. She never raised any claim for invalid pension either at the time of retirement on 6.7.1996 or even when she approached the Tribunal i.e. 14 year... | 1 | 3,584 | 1,269 | ### 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:
qualifying service prescribed in the Pension Rules must be satisfied to become eligible for invalid pension and the argume... |
Bombay Environmental Action Group Vs. State of Maharashtra | review in a matter and project of the instant nature. He contended that the Courts jurisdiction under Article 226 of the Constitution was not unlimited. If the Court found that the concerned Government authorities, both at the Centre and State level, have applied their minds to the relevant facts and circumstances and ... | 0[ds]6. On the first contention supra, we find that the Ministry of Environment and Forest has carefully applied its mind to the relevant guidelines and there was nothing in the memorandum dated 29th March 1989 to suggest that the clearance from environmental angle was in violation of these guidelines. Moreover, this i... | 0 | 4,213 | 2,073 | ### 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:
review in a matter and project of the instant nature. He contended that the Courts jurisdiction under Arti... |
Indian Bank and another Vs. Mahaveer Khariwal | hereinbelow. It also appears that as per Sub-Regulation (2) of Regulation 29, the notice of voluntary retirement given under Sub-Regulation (1) shall require acceptance by the appointing authority. However, as per the proviso to Sub-regulation (2), the appointing authority has to take a decision before the expiry of th... | 0[ds]8. We have heard the learned counsel for the respective parties at length.It is not in dispute that in the present case the employee submitted the voluntary retirement application on 21.01.2004. In the application itself, the employee requested for waiver of three months notice and requested to deduct the salary a... | 0 | 3,751 | 1,531 | ### Instruction:
Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text.
### Input:
hereinbelow. It also appears that as per Sub-Regulation (2) of Regulation 29, the notice of voluntary retirement given un... |
K. Bhagirathi G. Shenoy Vs. K.P. Ballakuraya | agreed to by the lessor the additional potion is taken possession of by the lessee, and this Chalageni Chit is executed." 15. In the next paragraph of the lease deed it is stated that the property described thereunder in which the house wherein the lessee resides now, is included, together with the bath-room (which was... | 1[ds]21. The fact that another building situated within the boundaries has been remained by the lessor is a pointer indicating that the land was only to be used as adjunct to the residential building. Over and above all those, the interdict against making any improvement on the land is a stirring creature which is in c... | 1 | 2,801 | 274 | ### Instruction:
Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences.
### Input:
agreed to by the lessor the additional potion is taken possession of by the lessee, and this Chalageni Chit is executed." ... |
Avtar Singh & Others Vs. The State of Jammu & Kashmir | drew my attention to the views expressed by this Court in Ujagar Singh v. State of Punjab, 1952 SCR 756 = (AIR 1952 SC 350 ), to the following effect:- Let us now turn our attention to the main contentions. There is nothing strange or surprising in the fact that the same grounds have been repeated after the lapse of se... | 1[ds]6. It, however, appears that the principle laid down in those two cases is not applicable to the present case, because, in the present case, the original order of detention, dated 11th March l966 was a valid order and it had completely exhausted itself when the petitioner was kept under detention for the first six... | 1 | 3,379 | 1,226 | ### 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:
drew my attention to the views expressed by this Court in Ujagar Singh v. State of Punjab, 1952 SCR 756 = (AIR 1952 SC 35... |
Malik Brothers Vs. Narendra Dadhich | law on the subject, came to the conclusion that there has been a gross violation of the aforesaid provision of the Arbitration Act and it is not known why respondent No. 1 (Indore Development Authority) elected to appoint the arbitrator. The High Court also came to the further conclusion that the land would not have be... | 1[ds]In our view, Section 21 of the Arbitration Act does not debar the parties to refer a dispute between them to an arbitrator, particularly when the litigation in normal course has become not only expensive but also continues for years together. If any informal forum is chosen by the parties for expeditious decision ... | 1 | 2,511 | 250 | ### 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:
law on the subject, came to the conclusion that there has been a gross violation of the aforesaid provision of the... |
Municipal Corporation, Indore Vs. Rai Bahadur Seth Hiralal & Others | the amount of tax assessed on the basis of such valuation or annual letting value. Under Sections 75 and 76 when the assessment list is prepared in accordance with the provisions of section 73 it has to be published and time has- to be fixed for lodging objections against the entries therein. After such objections are ... | 0[ds]4. These provisions show that though by Section 2 the new Act repealed the Indore City Municipal Act, 1908 along with other Acts, the legislature by Section 2 (c) saved certain things done under the repealed Acts, viz., rules. bye-laws, orders notifications and notices, taxes and rates made framed, passed, or impo... | 0 | 3,029 | 1,520 | ### 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 amount of tax assessed on the basis of such valuation or annual letting value. Under Sections 75 and 76 when the assessm... |
Workmen Of M/S. Hindustan Motors Ltd Vs. M/S. Hindustan Motors,Ltd.,& Anr | of Rs. 14.48 lacs of investment came out of the paid-up capital. Consequently, no question can arise of reducing this amount from the paid-up capital when allowing 6 per cent return on it in accordance with the Full Bench Formula.41. Another deduction, while calculating the surplus out of the profits available for dist... | 1[ds]3. In this appeal also, there is no dispute that the principles to be applied for working out the surplus available for distribution of bonus must be those approved by this Court in the case of Associated Cement Companies Ltd., 1959 SCR 925 = (AIR 1959 SC 961)these items, the most controversial is the first item... | 1 | 18,812 | 8,255 | ### Instruction:
Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction.
### Input:
of Rs. 14.48 lacs of investment came out of the paid-up capital. Consequently, no question can arise of reducing this amount... |
Nagappa Vs. Gurudayal Singh | such medical treatment, Court has to arrive at a reasonable estimate on the basis of the evidence brought on record. In the present case, it has been pointed out that for replacing the artificial leg every two to three years, appellant would be required to have some sort of operation and also change the artificial leg.... | 1[ds]15. From the aforesaid observations it cannot be held that there is a bar for the Claims Tribunal to award the compensation in excess of what is claimed, particularly when the evidence which is brought on record is sufficient to pass such award. In cases where there is no evidence on record, the Court may permit s... | 1 | 5,964 | 2,029 | ### 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:
such medical treatment, Court has to arrive at a reasonable estimate on the basis of the evidence brought o... |
Mahant Harnam Singh, Chela Ofbhai Narain Singh Vs. Gurdial Singh & Anr | Sadhus started as a section of Sikhs who were followers of Guru Gobind Singh, but, subsequently, in the period of about 300 years that has since elapsed, they have veered away from the Sikh religion. That is why, after giving their historical origin, Macauliffe expressed the opinion that Nirmalas were only nominally Si... | 1[ds]6. As we have indicated earlier, in the plaint the plaintiffs claimed interest in the trust property in their capacity of representatives of the owners of the land situated at village Jhandawala and of residents of village Jhandawala. The findings of fact recorded show that the land, which was donated to this inst... | 1 | 3,974 | 1,031 | ### 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:
Sadhus started as a section of Sikhs who were followers of Guru Gobind Singh, but, subsequently, in the pe... |
State of Madras Vs. Richardson and Cruddas Limited | for work and labour :(a) the stipulation for a consolidated lump payment of Rs. 1, 160 per ton for fabrication, supply and erection at site of all steelwork etc.;(b) no provision for the passing of the property in the goods to the factory before the actual completion of the erection work;(c) no provision under the cont... | 0[ds]Under the Act, turnover from sale of goods alone is chargeable to tax. To make the consideration received under the agreement between the respondents and the society it had to be established that the respondents had sold specific goods. It had therefore to be established that the consideration was received under a... | 0 | 3,258 | 647 | ### 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:
for work and labour :(a) the stipulation for a consolidated lump payment of Rs. 1, 160 per ton for fabrication, supply and... |
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