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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S. Narayanappa & Ors Vs. Commissioner Of Income-Tax, Bangalore | in respect of assessments beyond the period of four years, but within a period of eight years, from the end of the relevant year. The first condition is that the Income tax Officer must have reason to believe that the income, profits or gains chargeable to income -tax had been under-assessed. The second condition is th... | 0[ds]It is true that two conditions must be satisfied in order to confer jurisdiction on the Income-tax Officer to issue the notice under S. 34 in respect of assessments beyond the period of four years, but within a period of eight years, from the end of the relevant year. The first condition is that the Income tax Off... | 0 | 1,698 | 939 | ### Instruction:
Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document.
### Input:
in respect of assessments beyond the period of four years, but within a period of eight years, from the end... |
The Special Land Acquisition Officer, Kiadb, Mysore Vs. Anasuya Bai (D) By Lrs. | of the Rajasthan Urban Improvement Act, 1959 and the same contentions were raised, namely, that the acquisition notification gets invalidated for not making an award within a period of two years from the date of notification. Repelling the said contention, the learned Judges held that once the land is vested in the Gov... | 1[ds]21. From the issuance of notice alone to the respondents under Section 29 of KIAD Act, it cannot be said that respondents had agreed to the compensation. It may be noted that large chunk of land was acquired and there were other land owners as well, despite the respondents. No doubt, proceedings dated 9th Septembe... | 1 | 7,207 | 1,301 | ### 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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of the Rajasthan Urban Improvement Act, 1959 and the same contentions were raised, namely, that the acq... |
Durga Prasanna Vs. Arundhati Tripathy | cruelty. When leave was granted, this Court observed that they are granting leave because it appears to them that the marriage between the parties was in all practical purposes dead and the enforced continuity of the marriage will only mean that the parties will spend more years in bitterness against each other. Since ... | 1[ds]Both the Family Court as well as the High Court made efforts to bring about a reconciliation/rapprochement between the parties. The Family Court in this regard gave a clear finding that in spite of good deal of endeavour to effect a reconciliation the same could not be effected because of the insistence of the res... | 1 | 4,963 | 973 | ### Instruction:
First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document.
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cruelty. When leave was granted, this Court observed that they are granting leave because it appears to them that the marri... |
Commissioner Of Central Excise, Mysore Vs. M/S. Tvs Motors Company Ltd | reported in 1978 (2) E.L.T. (J 444) S.C. that the price which is relevant for the purpose of Excise duty was the price when the good first entered in the stream of trade is required to be accepted. In the present case, when the petitioners sell the car to the dealer, the goods enter the stream of trade for the first ti... | 1[ds]8. What follows from the above is that where manufacturer himself does the ASS and incurs any expenditure thereon, the same is not deductible from the price charged by him from his buyer. Likewise, where the manufacturer has sold his goods to his dealer and wholesale dealer thereafter does ASS to the customer and ... | 1 | 7,308 | 579 | ### 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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reported in 1978 (2) E.L.T. (J 444) S.C. that the price which is relevant for the purpose of Excise duty was the ... |
Topanmal Chhotamal Vs. M/s. Kundomal Gangaram | subsequent proceedings shall, nevertheless, continue in the name of the firm."The gist of the said provisions may be stated thus: A decree against a firm can be executed (i) against the property of the partnership, (ii) against any person who has appeared in the suit individually in his own name and has been served wit... | 1[ds]This part of the decree would be redundant if it was intended only, as the learnedcontended, to convey nothing more than the idea that the decree was against the assets of the firm, for that was really the effect of the first part of the decree. A decree against a firm without any further directions can be execute... | 1 | 2,137 | 360 | ### 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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subsequent proceedings shall, nevertheless, continue in the name of the firm."The gist of the said provisions may... |
D. S. Reddy Vs. Chancellor, Osmania University & Ors | the Osmania University (Second Amendment Act. 1966 shall continue to hold that office only until a new Vice-Chancellor is appointed by the Chancellor under S. 12 (1) as amended and enters upon his office, and such appointment shall be made within ninety days after such commencement. 47. We are inclined to accept the co... | 1[ds]The findings recorded, and the views expressed, by the High Court are sought to be sustained by the learned Additional Solicitor-General, appearing for the respondents. But, we do not think it necessary to go into the larger controversy that has been raised by the appellant, before the High Court, in the view that... | 1 | 9,078 | 1,237 | ### Instruction:
First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document.
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the Osmania University (Second Amendment Act. 1966 shall continue to hold that office only until a new Vice-Chancellor is a... |
BALRAM GARG & ORS Vs. SECURITIES AND EXCHANGE BOARD OF INDIA | above principles of law laid down by this Court, it was imperative on the Respondent/SEBI to place on record relevant material to prove that the appellants in C.A. No.7590 of 2021, namely, Mrs. Shivani Gupta, Sachin Gupta, Amit Garg and Quick Developers Pvt. Ltd. were immediate relatives who were dependent financially ... | 1[ds]24. The submission of the Respondent that appellant Balram Garg contravened Regulation 3(1) of the PIT Regulations and section 12A(c) of the SEBI Act, by communicating the UPSI to the appellants in C.A. No.7590 of 2021, being an insider and connected person within the meaning of PIT Regulations is not worthy of ac... | 1 | 12,889 | 5,641 | ### Instruction:
Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences.
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above principles of law laid down by this Court, it was imperative on the Respondent/SEBI to place on record relevant mate... |
BALBIR SINGH Vs. NEW INDIA ASSURANCE CO. LTD | 1. Leave granted. 2. The appellant who was working as a driver in a truck owned by the second respondent met with an accident on 15th September, l982 at 11.30 a.m. on the Jaipur highway. While he was alighting from the truck which was being driven by him, he was hit by another truck which was coming from behind, which ... | 1[ds]The High Court went wrong in setting aside the order of the Commissioner on the ground that there was no discussion regarding limitation and no reasons were given by the Commissioner to condone the delay. There is a clear finding by the Commissioner that the first respondent did not repudiate the contract and henc... | 1 | 553 | 108 | ### 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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1. Leave granted. 2. The appellant who was working as a driver in a truck owned by the second respondent met... |
Zee Telefilms Limited (In Re) Vs. | Heard Mr. Bhatt for the appellants in both the appeals. Mr. Master is present for the Regional Director, Department of Company Affairs.2.Both the appeals are filed against the order passed by the learned single Judge on January 23, 2003, rejecting the Company Applications Nos.428 and 429 of 2002. Application No.428 of ... | 1[ds]4.Mr. Bhatt, counsel for the appellants points out that firstly, the proviso to section 391(2) speaks of investigation proceedings in relation to the company under sections 235 to 251 of the Companies Act. These proceedings were not under those sections. That apart an additional affidavit has also been filed to pl... | 1 | 375 | 211 | ### Instruction:
Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages.
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Heard Mr. Bhatt for the appellants in both the appeals. Mr. Master is present for the Regional Director, D... |
UNION OF INDIA AND OTHERS Vs. M.V. MOHANAN NAIR | that there has been a declaration of law by this Court under Article 141 of the Constitution. [underlining added] Raj Pals case having been dismissed on the ground that no sufficient cause was shown for the delay in refiling, Raj Pals case ought not to have been quoted as precedent of this Court by the High Courts. 46.... | 1[ds]25. Though various contentions have been raised assailing the MACP Scheme viz. financial upgradation in the next Grade Pay and no stepping up of pay on the ground that junior getting more pay, be it noted that the clauses of the MACP Scheme including the clause providing the financial upgradation in the next Grade... | 1 | 10,386 | 1,592 | ### 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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that there has been a declaration of law by this Court under Article 141 of the Constitution. [underl... |
Zile Singh Vs. State Of Haryana | substituted. 24. The substitution of one text for the other pre-existing text is one of the known and well-recognised practices employed in legislative drafting. Substitution has to be distinguished from supersession or a mere repeal of an existing provision. 25. Substitution of a provision results in repeal of the ear... | 1[ds]11. According to the appellant, the disqualification imposed by Section 13A (1)(c) of the First Amendment remained in operation only for a period of one year and would have in ordinary course ceased to operate on the expiry of the period of one year from April 5, 1994. The citizens were justified in arranging thei... | 1 | 4,734 | 1,358 | ### Instruction:
Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction.
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substituted. 24. The substitution of one text for the other pre-existing text is one of the known and well-recognised practi... |
G. Sarana Vs. University of Lucknow and Others | A. K. Karipaks case (supra), reiterated in S. Parthasarthi v. State of Andhra Pradesh([1974] S.L.R. 427.) and followed by the High Court of Jarainu &Kashmir in Farooq Ahmed Pandey and Ors. v. Principal Regional Engineering College &Anr.([1975] J &K.L.R. 427.) the real question is not whether a member of an administrati... | 1[ds]From the above discussion, it clearly follows that what has to be seen in a case where there is an allegation of bias, in respect of a member of an administrative Board or body is whether there is a reasonable ground for believing that he was likely to have been biased. In other words whether there is substantial ... | 1 | 2,810 | 339 | ### 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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A. K. Karipaks case (supra), reiterated in S. Parthasarthi v. State of Andhra Pradesh([1974] S.L.R. 4... |
Axis Mutual Fund Through Its Trustee Axis Mutual Fund Trustee Company Limited Vs. The State of Maharashtra Through The Government Pleader High Court & Others | Trust. But, thereafter, the assessees appeals were allowed by the Appellate Assistant Commissioner against assessment for the years 1955-56 to 1959-60 and the incomes of the two funds were separately assessed for the assessment years 1960-61 and 1961-62. Thus, the assessee was described in the one case as the trustee o... | 0[ds]34. In the appeal before the tribunal, various grounds were raised, but what we essentially find is that in the stay application and at the final arguments, an attempt was made to point out that independentis maintained by the petitioner in respect of each scheme. The exemption from payment of income tax as per se... | 0 | 10,897 | 2,482 | ### 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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Trust. But, thereafter, the assessees appeals were allowed by the Appellate Assistant Commissioner ag... |
Raja @ Rajinder Vs. State of Haryana | Section 27, even if a fact is deposed to as discovered in consequence of information received, only that much of the information is admissible as distinctly relates to the fact discovered.? 13. In State of Maharashtra v. Damu (2000) 6 SCC 269 ), while dealing with the fundamental facet of Section 27 of the Evidence Act... | 0[ds]7. As the factual matrix would show, the case of the prosecution entirely hinges on circumstantial evidence. When a case rests on circumstantial evidence, the Court has to be satisfied that the circumstances from which an inference of guilt is sought to be drawn, must be cogently and firmly established; those circ... | 0 | 3,811 | 543 | ### 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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Section 27, even if a fact is deposed to as discovered in consequence of information received, only that much of the infor... |
State Of M.P. Vs. K.C.T. Drinks | of a sum in consideration of grant of any lease in lump sum in addition to any duty leviable under the Act on terms and conditions which are mentioned in the licence deed. Condition 8 of the licence provides that the licensee shall pay the full cost of excise supervisory staff posted at the premises of KCT Drinks, Mand... | 1[ds]7. In view of Sections 18 and 27, the State Government is entitled to accept payment of a sum in consideration of grant of any lease in lump sum in addition to any duty leviable under the Act on terms and conditions which are mentioned in the licence deed. Condition 8 of the licence provides that the licensee shal... | 1 | 1,951 | 267 | ### Instruction:
Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences.
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of a sum in consideration of grant of any lease in lump sum in addition to any duty leviable under the Act on terms and co... |
Maharashtra State Electricity Distribution Co. Ltd Vs. M/s. JSW Steel Limited & Ors | the generating station of a generating company or the open access for the purpose of carrying electricity from the captive generating plant to the destination of his use shall be subject to availability of the adequate transmission facility determined by the Central Transmission Utility or the State Transmission Utilit... | 0[ds]9. On a fair reading of Section 9, it can be seen that captive generation is permitted under sub-section (1) of Section 9. As per subsection (2), every person, who has constructed a captive generating plant and maintains and operates such plant, shall have the right to open access for the purposes of carrying elec... | 0 | 2,996 | 1,137 | ### 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 generating station of a generating company or the open access for the purpose of carrying electricity fr... |
Somnath Barman Vs. Dr. S. P. Raju & Anr | arrears till 1939. The Nazul due under Exhts. P-2 and P-3 comes to Rs. 41/- and odd per year as seen from Exh. P-6.7. Exihibit P-5 is a letter dated 11-12-1937 received by the plaintiff from Mr J. D. M. Dean (P. W. 2), First Divisional Engineer, Hyderabad City. It relates to the construction of a road from Museerabad t... | 0[ds]The suit from which this appeal arises was initially instituted on the original side of the High Court of Hyderabad in the year 1949. Therefor to establish his claim of title by adverse possession the 1st defendant must primarily depend on the fact that the second defendant was in possession of the suit property f... | 0 | 2,540 | 948 | ### Instruction:
Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences.
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arrears till 1939. The Nazul due under Exhts. P-2 and P-3 comes to Rs. 41/- and odd per year as seen from Exh. P-6.7. Exih... |
Makan Jivan & Others Vs. State of Gujarat | made available to the accused. This contention proceeds on the basis that P.Ws. 3 and 4, must have given more statements than one before the police. It may be noted that neither P.W. 4 was asked as to whether she had put any thumb mark on the statement given by her to the police nor was the investigating officer asked ... | 0[ds]They were simple injuries. P.W. 4 was not produced before the doctor for examination. Her evidence is to the effect that as her husbands condition was critical, she chose to be by his side and therefore she did not appear before the doctor for examination. There is no reason toe her evidence on this point7. The pr... | 0 | 3,183 | 206 | ### 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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made available to the accused. This contention proceeds on the basis that P.Ws. 3 and 4, must have given more stat... |
United Bank Of India Vs. Pijush Kanti Nandy | only provides for a rule of measurement. An employee, as noticed hereinbefore, was entitled to pension provided he has completed the specified period of service. How such a period of service would be computed is a matter which is governed by the statute. It is one thing to say that a statute provides for completion of ... | 1[ds]18. Could the period of service computed by including a period of five years as provided for in clause (5) of Regulation 29 is the question. In our opinion, it was not. Definition of `qualifying service is restrictive in nature. It uses the word `means and not `includes or `means and includes. Thus, the constructi... | 1 | 5,015 | 679 | ### 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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only provides for a rule of measurement. An employee, as noticed hereinbefore, was entitled to pension provi... |
Pranita Powerloom Coop.Soc.Ltd Vs. State Of Maharashtra | act as the Cooperative Society was nothing but a company and the necessary condition of the contribution by the State Government was not till then fulfilled as the State Government had indeed not contributed nor had it agreed to contribute so as to give a colour that the land acquisition was for the public purpose.30. ... | 1[ds]25. It cannot indeed be disputed that the basic order is dated 01.12.06 which undoubtedly was disposed of on the compromise which also appears to have been brought about by the High Court itself. We have noted the basic features of this compromise in paragraph 12 of our judgment. It is extremely strange that the H... | 1 | 7,496 | 2,289 | ### Instruction:
Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document.
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act as the Cooperative Society was nothing but a company and the necessary condition of the contribution by... |
International Cotton Corporation Private Limited & Another Vs. Commercial Tax Officer, Hubli & Others | at the point of sale and similarly the transactions of sale are exempt from tax generally whenever the goods are taxable at the point of purchase. The untenability of this argument would be apparent from the fact that this means that all sales and purchases are generally exempt from tax. This argument proceeds on the b... | 0[ds]4. It is next contended that as Section 8 (2) (a) states that the tax payable shall be calculated at the rate applicable to the sale or purchase of such goods inside the appropriate State, it is the rate that was prevalent when S. 8 (2) (a) was enacted that would be applicable and not any subsequent variations in ... | 0 | 5,029 | 1,903 | ### 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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at the point of sale and similarly the transactions of sale are exempt from tax generally whenever the goods are taxable a... |
Mohd. Idris & Others Vs. Sat Narain | are made partly retrospective and partly not and considerable time is spent in trying to ascertain which part of the original Act survives and to what extent. We are concerned with a number of sections which have undergone changes again and again and we shall now attempt to examine what the position vis a vis the suit ... | 0[ds]The question which is raised in this appeal is whether after this was done, the suit which was still pending, could continue before the Munsiff and on the application under the U. P. Agriculturists Relief Act. In support of their case the appellants contended that the ejectment of an assami or a Sirdar can only be... | 0 | 2,971 | 437 | ### 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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are made partly retrospective and partly not and considerable time is spent in trying to ascertai... |
Commissioner of Income Tax, U.P., and Others Vs. Mohanlal Kedarnath (Decd., By Legal Representatives) | HEGDE J.1. This appeal by certificate arises from the decision of the Allahabad High Court in Civil Misc. Writ Petition No. 228 of 1962. The assessee was assessed to income-tax for the assessment year 1959-60. He claimed a loss of Rs. 37, 306 on account of speculation in gold, silver, etc., and urged that the said spec... | 0[ds]The decision in Jagannath Mahadeo Prasad has now been overruled by the decision of this court in Commissioner ofv. Jagannath Mahadeo Prasad. In view of that decision this appeal has to be allowed and it is ordered accordingly | 0 | 229 | 44 | ### 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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HEGDE J.1. This appeal by certificate arises from the decision of the Allahabad High Court in Civil Misc. Writ Pet... |
GEETABEN ANILKUMAR PATEL AND ORS Vs. PRAVINCHANDRA JINABHAI PATEL AND ORS | honestly, wholeheartedly and faithfully act in accordance with and implement the transaction of the property, the IMOU which is now considered as MOU and the accounting chart in respect of the companies and the firms. ........ The aforesaid Arbitration Award I agreed to and approved of by and our descendant guardian an... | 0[ds]23. Award dated 07.07.1996 was received by Anilkumar Patel for himself and on behalf of his family members. In interim MOU dated 29.06.1996, Anilkumar Patel signed for self and as a power of attorney holder for his wife and his all sons and. Challenging the award dated 07.07.1996, Anilkumar Patel and his family me... | 0 | 4,469 | 586 | ### 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:
honestly, wholeheartedly and faithfully act in accordance with and implement the transaction of t... |
State Of Mahrashtra Vs. Fazal Rehman Abdul | to as ‘CBI’) and on conclusion of the investigation, a chargesheet was filed against a large number of accused persons. Out of the accused persons against whom chargesheet was filed, 40 accused could not be put to trial as they have been absconding. Thus, the Designated Court under TADA framed charges against 138 accus... | 0[ds]The Designated Court after appreciating the entire evidence came to the conclusion that there was nothing on record to show that the respondent though facilitated sending Firoz @ Akram Amani Malik (A-39) to Dubai, had any knowledge of the purpose of going to Dubai or Pakistan for the simple reason that Firoz @ Akr... | 0 | 1,379 | 4,136 | ### Instruction:
Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding.
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to as ‘CBI’) and on conclusion of the investigation, a chargesheet was filed against a large number of accuse... |
M/s. Mentha & Allied Products Ltd Vs. Commissioner of Central Excise, Meerut | (Prices Control) Order, 1987. The Drugs (Prices Control) Order, 1987 defines bulk drugs as under:- "Bulk Drug" means any substance including pharmaceutical, chemical, biological or plant product or medicinal gas conforming to pharmacopoeial or other standards accepted under the Drugs and Cosmetics Act, 1940 (23 of 1940... | 1[ds]All these decisions turn only on the basis of the notification which was put forth before the Courts. It is not very clear from the judgments in any of these cases as to whether any expressions are used or the attention of the Court was drawn to the same as is set out in the notification No.dated 1.3.1988 or not.I... | 1 | 1,399 | 420 | ### 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:
(Prices Control) Order, 1987. The Drugs (Prices Control) Order, 1987 defines bulk drugs as under:- "Bulk Drug" means any s... |
DIRECTOR GENERAL CRPF Vs. JANARDAN SINGH | Shivpuri/Gwalior. The benefit is attached to their posting in the North Eastern Region and denial on the ground that their Headquarters are in Shivpuri/Gwalior has no nexus with their claim. The Tribunal has allowed that claim which has been affirmed by the High Court. 15. Much emphasis has been given by the counsel fo... | 0[ds]11. A perusal of the aforesaid clearly indicates that genesis of grant of Special (Duty) Allowance was posting of person in North Eastern Region. The said benefits were extended to attract and retain the services of the competent officers serving in North Eastern Region.There is no dispute that the said benefit wa... | 0 | 2,953 | 909 | ### 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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Shivpuri/Gwalior. The benefit is attached to their posting in the North Eastern Region and denial on the gro... |
Ram Laxman Sugar Mills Vs. Commissioner of Income Tax, U.P., and Another | in the first instance to determine the intention of the parties, and when ambiguous expressions are used the court may normally adopt that interpretation which upholds the deed, if the parties thereto have acted on the assumption of its validity. From the mere fact that the manager of a Hindu undivided family describin... | 1[ds]In ascertaining the legal effect of a transaction the court seeks in the first instance to determine the intention of the parties, and when ambiguous expressions are used the court may normally adopt that interpretation which upholds the deed, if the parties thereto have acted on the assumption of its validity. Fr... | 1 | 2,257 | 629 | ### Instruction:
Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document.
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in the first instance to determine the intention of the parties, and when ambiguous expressions are used th... |
V.N. Devadoss Vs. Chief Rev. Control Officer-Cum-Ins | to pay the duty. (3) The Collector may, suo motu or otherwise, within five years from the date of registration of any instrument of conveyance, exchange, gift, release of benami right or settlement, not already referred to him under sub-section (1), call for the examine the instrument for the purpose of satisfying hims... | 1[ds]7. A bare perusal of the rules make the position clear that sub-Rule (4) enumerates procedure on receipt of reference under Section 47-A. Rule 5 speaks about the principles for determination of market value. Sub-clause (a) refers to lands; (b) house sites; (c) buildings and (d) properties other than lands, house s... | 1 | 2,435 | 485 | ### 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:
to pay the duty. (3) The Collector may, suo motu or otherwise, within five years from the date of registration of any inst... |
M. A. A. Annamalai Vs. State of Karnataka and Anr | in which this Court, while dealing with section 482 Cr.P.C. has held as under: "It is not necessary that a complainant should verbatim reproduce in the body of his complaint all the ingredients of the offence he is alleging. Nor is it necessary that the complainant should state in so many words that the intention of th... | 1[ds]17. We have heard the learned counsel for the parties. The learned counsel appearing for the State has failed to point out any specific allegation or averment against the appellant. Admittedly, the appellant had resigned from the Board of Directors of the Company with effect from 27.12.1997 and therefore, cannot b... | 1 | 4,977 | 523 | ### Instruction:
Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding.
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in which this Court, while dealing with section 482 Cr.P.C. has held as under: "It is not necessary that a co... |
Mranalini B. Shah & Another Vs. Bapalal Mohanlal Shah | in that behalf ... But where the conditions of Section 12(3)(a) are not satisfied, there is a further opportunity given to the tenant to protect himself against eviction. He can comply with the conditions set out in Section 12(3)(b) and defeat the landlords claim for eviction. If, however, he does not fulfil those cond... | 1[ds]It is clear to us that the Act interferes with the landlords right to property and freedom of contract only for the limited purpose of protecting tenants from misuse of the landlords power to evict them, in these days of scarcity of accommodation, by asserting his superior right in property or trying to exploit hi... | 1 | 2,510 | 1,140 | ### 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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in that behalf ... But where the conditions of Section 12(3)(a) are not satisfied, there is a fur... |
C. T. Senthilnathan Chettiar Vs. State of Madras | settlor and/or if any other circumstances intervene requiring the cancellation or alteration of this deed of settlement." 2. The Agricultural Income-tax Officer included the income from the lands settled under this deed in the hands of the assessee. The assessee filed a revision before the Commissioner of Agricultural ... | 0[ds]In our opinion, the High Court was right in holding that the settlement deed amounts to a revocable transfer of assets within section 9(1), proviso 1. The settlement deed specifically reserves power to the settlor to cancel or revoke or alter the settlement in any circumstances which require the cancellation or al... | 0 | 1,510 | 336 | ### 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:
settlor and/or if any other circumstances intervene requiring the cancellation or alteration of t... |
Jolly Technologies Private Limited Vs. Wadkar, Assistant Commissioner of Police, Powai Division & Others | line. It is the case of the petitioner that Jolly international maintains all copyright with regard to the product line and is protected by United States International Copyright laws.2.According to the petitioner, one Ms.Sudha Iyer who has filed an intervention application in this case was employed by the company as a ... | 0[ds]The affidavit of Mr.Chinchalkar filed during the pendency of the inquiry indicates that according to the police, the petitioner had not furnished any particulars pertaining to the Software i.e. allegedly the article of theft. As regards the copyright violation no particulars of the alleged software, the ownership ... | 0 | 1,126 | 239 | ### 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:
line. It is the case of the petitioner that Jolly international maintains all copyright with regard to the... |
State Of Kerala & Another Vs. Nilgiri Tea Estates Ltd | or cinnamom and lands used for any purpose ancillary to the cultivation such crops or for the preparation of the same for the market.Explanation-Lands used for the construction of office buildings, godowns, factories, quarters for workmen, hospitals, schools and playgrounds shall b e deemed to be lands used for purpose... | 0[ds]We are of the opinion that in view of the Finding recorded by the Tribunal, the decision and judgment of the High Court cannot beis true as noted above that this observation was made in the context A of Land Reforms Act but it was held that lands on which eucalyptus or teak are planted would be agricultural lands.... | 0 | 1,438 | 414 | ### 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:
or cinnamom and lands used for any purpose ancillary to the cultivation such crops or for the preparation of the s... |
City Municipal Council, Mangalore & Anr Vs. Frederick Pais Etc | until superseded by anything done or any action taken under this Act."The third proviso has been introduced with retrospective effect by the Amending Act. It is not really necessary for us to consider more elaborately the scheme of the Mysore Act because, even according to the appellants, the procedure indicated therei... | 1[ds]10. The learned Solicitor General has urged that the assessment books under the Madras Act were prepared on April 1, 1964 and, if so, under the second and third provisos to Section 382 (1), the property tax can be levied and collected as per the provisions of the Madras Act. In particular, the learned Solicitor Ge... | 1 | 3,698 | 657 | ### 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:
until superseded by anything done or any action taken under this Act."The third proviso has been intr... |
State Of Haryana Vs. Mukesh Kumar | scenario, the property owner, at the point in which a “taking” has occurred, has the option of filing a claim against the government actor to recover just compensation for the loss. When the landowner sues the government seeking compensation for a taking, it is considered an inverse condemnation proceeding, because the... | 0[ds]A person pleading adverse possession has no equities in his favour since he is trying to defeat the rights of the true owner. It is for him to clearly plead and establish all facts necessary to establish adverse possession. Though we got this law of adverse possession from the British, it is important to note that... | 0 | 6,230 | 632 | ### 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:
scenario, the property owner, at the point in which a “taking” has occurred, has the option of filing a clai... |
R. B. Bansilal Abirchand Firm Vs. Commissioner of Income Tax, M. P | and on the material which was before him at the time of the first assessment changed his opinion and came to a different conclusion. The correct conclusion was brought to his notice by the decision of the Tribunal and the High Court and that must be held to be information, as a consequence of which he came to believe t... | 0[ds]3. These principles clearly support our view that in this case theOfficer had jurisdiction to proceed under section 34(1)(b), because he had reason to believe that income chargeable to tax had escaped assessment, or had beenor excessive relief had been granted as a consequence of the information which came to him ... | 0 | 2,104 | 203 | ### Instruction:
Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding.
### Input:
and on the material which was before him at the time of the first assessment changed his opinion and came to ... |
Commnr. Of Customs (General), N. Delhi Vs. Gujarat Perstorp Electronics Ltd | whether ‘books’ were covered by the entry ‘plant’ under the Income Tax Act. Those decisions, therefore, have no relevance to the issue in question since the entries are different. It was also submitted that since the article in question was to be used by the assessee and was prepared according to his requirement, it ha... | 1[ds]So far as CEGAT is concerned, in our opinion, the learned Counsel for the assessee is right in submitting that the point is finally concluded in favour of assessee and against the department in Parasrampuria Synthetics Ltd. The Larger Bench observed that in several cases, Drawings, Designs and Plans were held to b... | 1 | 10,977 | 1,292 | ### 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:
whether ‘books’ were covered by the entry ‘plant’ under the Income Tax Act. Those decisions, therefore, have no relevance... |
Dr. Satya Churn Law and Others Vs. Rameshwar Prosad Bajoria and Others | may by the regulations be entrusted with the control of the business, and if so entrusted they can be dispossessed from that control only by the statutory majority which can alter the articles. Directors are not, I think, bound to comply with the directions even of all the corporators acting as individuals.This stateme... | 0[ds]It may be stated here that though no meeting of the ordinary share-holders was held for the purpose of authorizing the Plaintiffs to file the present suit on behalf of the Company, it was conceded by for the Defendants before Edgley, J., that it would be unnecessary that such a meeting should be held in order to a... | 0 | 5,555 | 591 | ### 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:
may by the regulations be entrusted with the control of the business, and if so entrusted they can be disposs... |
Satya Narain Pandey Vs. State Of U.P. & Others | continuing to read those restrictions merely because they were applicable at one time to the property." 16. Naturally the question would arise as to how the question regarding the applicability of the Act is to be determined. It can certainly not be ipse dixit of the landlord. If a landlord acts on his own and lets out... | 0[ds]There is no dispute that, as on that date, the building was subject to the provisions of the Act. That being so, and a vacancy having arisen in such a building, it was the duty of the landlords to have intimated the same to the District Magistrate and then gone through the procedure prescribed under the Act before... | 0 | 6,816 | 3,421 | ### 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:
continuing to read those restrictions merely because they were applicable at one time to the property." 16. ... |
Bhawani Cotton Mills Ltd Vs. State Of Punjab & Anr | or non-imposition of tax, on the other. These observations, also, in our opinion, effectively provide an answer to the stand taken by the State, in this case, that S. 12 of the Act provides an adequate relief, by way of refund, even if tax is collected at an earlier stage.23. Having due regard to the various matters me... | 1[ds]Therefore, the definition of the expression purchase, has reference to the goods specified to Schedule C. The expression turnover in S. 2 (i), will include the aggregate of the amounts of sales and purchases and parts of sales and purchases actually made by any dealer, during the given period. No doubt, certain de... | 1 | 7,449 | 1,687 | ### 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:
or non-imposition of tax, on the other. These observations, also, in our opinion, effectively provide an answer to the stan... |
SQN.LDR. (RETD). NAVTEJ SINGH Vs. UNION OF INDIA | HQ EAC on 01.12.2009. HQ EAC vide signal No. PS/471 dated 08.12.2009 informed that the officer had already proceeded on release from the IAF on medical grounds w.e.f. 18.11.2009. In the light of the release of the officer from the IAF already having occurred and the Appellant was no longer subject to the Air Force Act,... | 1[ds]15. The assertions made in the counter affidavit, as extracted hereinabove, indicate that though the application was made by the appellant foro sanction formarriage, it was not considered since, in the meantime, the appellant was released from the Indian Air Force on medical grounds and as such was no longer subje... | 1 | 3,123 | 782 | ### 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:
HQ EAC on 01.12.2009. HQ EAC vide signal No. PS/471 dated 08.12.2009 informed that the officer had already p... |
Kurapati Venkata Mallayyaand Another Vs. Thondepu Ramaswami And Co. And Another | himself and Ex. A-31 which is a letter dated June 21, 1946 addressed by the representative of the Russian Government to the appellant-firm. The High Court has, however, lost sight of the fact that Mallayya had stated in his evidence that two contracts had been entered into by the appellant-firm with the Russian Governm... | 1[ds]10. It is no doubt true that in para 28 while dealing with the question of price the trial court has observed: "Much reliance cannot be placed on the rate mentioned in Exhibits A-13 and A-14 and the price has to be determined independently having regard to the fact that the price of tobacco depreciates gradually w... | 1 | 6,468 | 2,027 | ### 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:
himself and Ex. A-31 which is a letter dated June 21, 1946 addressed by the representative of the Rus... |
R & B Falcon (A) Pty Ltd Vs. Commissioner Of Income Tax | the place of work or from the place of work to the place of residence would not attract the exemption provision. The Assessing Authority, therefore, must, in each case, would have a right to scrutinize the claim. CBDT has the requisite jurisdiction to interpret the provisions of Income-tax Act. The interpretation of CB... | 1[ds]For a detailed analysis of the rule of executive estoppel useful reference may be to the article authored by Francis Bennion entitled "Executive Estoppel: Pepper v. Hart revisited", published in Public Law, Spring 2007, pg. 1 which throws a new light on the subject matter.26. We may notice a decision of this Court... | 1 | 5,812 | 1,437 | ### 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 place of work or from the place of work to the place of residence would not attract the exemption provision. The Asses... |
Dai-Ichi Karkaria Private Limited Vs. Union of India | of the petitioners that pursuant to the above Notification bearing No. 210/82 as amended and in view of the promises/representations/assurances made by the Government, petitioners entered into contracts with O. N. G. C. on September 9, 1986 for sale and supply of the above mentioned chemicals on the basis of duty free ... | 0[ds]We do not find any merit in the said contention. As stated hereinabove, full exemption was granted to the petitioners vide Notification No. 210/82 which was valid for five years. The subsequent Notification No. 517/86 expressly amended the Notification No. 210/82 and by reason of the said amendment, supply to O. N... | 0 | 1,628 | 394 | ### 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:
of the petitioners that pursuant to the above Notification bearing No. 210/82 as amended and in view of the promises/repr... |
Natasha Singh Vs. Cbi (State) | Anr., AIR 1958 SC 376 ; Zahira Habibulla H. Sheikh & Anr. v. State of Gujarat & Ors., AIR 2004 SC 3114; Zahira Habibullah Sheikh & Anr. v. State of Gujarat & Ors., AIR 2006 SC 1367 ; Kalyani Baskar (Mrs.) v. M.S. Sampoornam (Mrs.), (2007) 2 SCC 258 ; Vijay Kumar v. State of U.P. & Anr., (2011) 8 SCC 136 ; and Sudevanan... | 1[ds]The Trial Court, while entertaining the application filed under Section 311 Cr.P.C., had asked the appellant to provide a brief summary of the nature of evidence that would be provided by the defence witnesses mentioned in the application, and in keeping with this, the appellant had furnished an application statin... | 1 | 3,947 | 650 | ### 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:
Anr., AIR 1958 SC 376 ; Zahira Habibulla H. Sheikh & Anr. v. State of Gujarat & Ors., AIR 2004 SC 3114; Zahira Habibullah ... |
SOUTH EAST ASIA MARINE ENGINEERING AND CONSTRUCTIONS LTD. (SEAMEC LTD.) Vs. OIL INDIA LIMITED | per the old doctrine was moderated by the introduction of the law of restitution. Interestingly, Lord Shaw in Cantiare San Rocco SA (Shipbuilding Company) v. Clyde Shipbuilding and Engineering Co. Ltd., [1924] AC 226, had observed that English law of leaving the loss to where it fell unless the contract provided otherw... | 0[ds]12. It is a settled position that a Court can set aside the award only on the grounds as provided in the Arbitration Act as interpreted by the Courts13. It is also settled law that where two views are possible, the Court cannot interfere in the plausible view taken by the arbitrator supported by reasoning15. In th... | 0 | 4,699 | 894 | ### 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:
per the old doctrine was moderated by the introduction of the law of restitution. Interestingly, Lord Shaw i... |
G. Appaswami Chettiar And Anr Vs. R. Sarangapani Chettiar & Ors | Madras High Court held that the term "santhathi" is wide enough to include adopted son also. In Rajah Velugoti Govinda Krishna Yachendra Bahadur Varu v. Raja Rajeswara Rao (1939) 1 Mad LJ 831 : (AIR 1939 Mad 614) a Bench of the Madras High Court had to consider the question whether an illegitimate offspring would fall ... | 0[ds]The High Court, in our view, was in error in coming to the conclusion that the second respondent is not entitled to take the properties under the will as the adopted son of Ramathilakam Ammal, the first respondent.18. The view of the High Court that the second respondent would succeed to Sethu Chettiar as his adop... | 0 | 7,388 | 4,286 | ### Instruction:
Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages.
### Input:
Madras High Court held that the term "santhathi" is wide enough to include adopted son also. In Rajah Velu... |
Commissioner, Lucknow Division And Ors Vs. Kumari Prem Lata Misra | an assistant teacher in the basic section o f the college in 1961. Following certain incidents involving her, she was suspended on or about August 20, 1970. and ultimately her services were terminated by the managing committee of the college some time in October 1970. She flied a writ petition in the High Court at Alla... | 1[ds]It seems clear from the provisions set out above that they all relate to recognized institutions; recognition is by the Board for the purpose of pre paring candidates for admission to the Boards examination, and Board means the Board of High School and Intermediate Education. The basic section of a school cannot t... | 1 | 1,211 | 343 | ### 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:
an assistant teacher in the basic section o f the college in 1961. Following certain incidents involving her, she was suspe... |
State Of Madhya Pradesh Vs. Abdeali | the order of the High Court quashing the assessment will be erroneous.We now proceed to consider these alternative submissions of learned counsel for the appellants. We do not think that the notification dated January 28, 1956, makes any such discrimination between footwear manufactured or produced in the State of Madh... | 1[ds]We think that this contention is right and must be accepted. The notification clearly lays down three conditions for the grant of exemption : one of the conditions is that the sale must be of such shoes, chappals, country shoes and footwear as are hand-made and not manufactured on power machine; the second conditi... | 1 | 3,396 | 1,294 | ### 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 order of the High Court quashing the assessment will be erroneous.We now proceed to consider these alternative submiss... |
Prithi Nath Vs. Birkha Nath & Another | whether a Chela or Chelas were in a position to succeed to the Guru, that question could be determined with reference to the position as it obtained at the time when the succession to the property of that Guru opened out and the only Chela or Chelas who could succeed to the property could be the Chelas of that Guru who... | 1[ds]8. It may be observed at the outset that Respondent 1 failed to prove the rule of succession which he set out in para 4 of his written statement and the finding reached by the trial Court, in this behalf that there has never been any election to the office of Mahant in these institutions was not challenged in the ... | 1 | 3,915 | 1,274 | ### 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:
whether a Chela or Chelas were in a position to succeed to the Guru, that question could be deter... |
Raju @ Devendra Choubey Vs. State of Chhatisgarh | that certain persons are brought to jail or some other place and make statements either express or implied that certain individuals whom they point out are persons whom they recognise as having been concerned in the crime. They do not constitute substantive evidence. These parades are of the essentially governed by Sec... | 1[ds]. This deposition clearly implicates accused Nos. 1, 2 and 4. The picture that emerges is that Shashi Tripathi caused Bhavna to be killed and for this purpose engaged Chandra Prakash (accused No. 2) and Raju @ Devendra Choubey (accused No. 4) by paying them money. She also seems to have had a scuffle with Bhavna, ... | 1 | 3,775 | 1,055 | ### 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:
that certain persons are brought to jail or some other place and make statements either express or implied that c... |
Imax Corporation Vs. M/S E-City Entertainment (I) P.Ltd | 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 not apply." This view has been followed in several cases, See Venture Global Engg. v. Satyam Computer Service... | 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 | 4,318 | 1,040 | ### 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:
express or implied, exclude all or any of its provisions. In that case the laws or rules chosen by the parti... |
Mcdowell and Company Limited Vs. Sales Tax Officer, Sherthallay | the condition that the seller should produce before the assessing authority within three months from the end of the assessment year, a declaration duly signed by the purchaser in the form appended to the notification. A similar notification was issued on February 23, 1963, in respect of the sales to dealers in Pondiche... | 0[ds]In our judgment the High Court rightly held that the said decision has no application to the facts of this case. Therein this court was considering the declaration required to be produced under section 8(4). In that case the impugned rule was found to have gone beyond the provisions in section 8(4). The declaratio... | 0 | 1,855 | 557 | ### 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:
the condition that the seller should produce before the assessing authority within three months from th... |
Martand Dairy & Farm Vs. The Union Of India & Ors | a sure method of sealing. Further, if the item were not a liquid like cream, but a solid, it could be transported even in gunny bags - merely stitched and without any seal. If this view be sound, certainly the Benaras cream dealer is out of the liability zone. We do not examine the impact on taxability had the receptac... | 0[ds]Thus in general terms, cream is exempted from payment of Central Sales Tax by virtue of this notification but it carves out an exception to the exemption. If the cream were sold in sealed containers the seller could not come within the exemption notification. We need not go into the technique of sealing adopted in... | 0 | 2,137 | 611 | ### 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:
a sure method of sealing. Further, if the item were not a liquid like cream, but a solid, it could be transp... |
National Rayon Corporation Ltd Vs. The Commissioner Of Income Tax | 11. We are unable to agree with this view for the reasons given earlier in the judgment. 12. Apart from this, the argument that found favour with the courts in the cases of Peico Electronics and Electricals (Cal) and Modi Industries Ltd. (No. 2) (Delhi), that if the retention or appropriation of a sum out of profits an... | 0[ds]We are of the view that the High Court has come to the correct conclusion. The basic principle is that an amount set apart to meet a known liability cannot be regarded as " reserve ". " Provision " and " reserve " have been defined in Part III, Schedule VI, to the Companies Actdefinition clearly indicates that if ... | 0 | 3,149 | 1,274 | ### 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:
11. We are unable to agree with this view for the reasons given earlier in the judgment. 12. Apart from this... |
DEPUTY COMMISSIONER OF INCOME TAX & ANR Vs. M/S. PEPSI FOODS LTD. (NOW PEPSICO INDIA HOLDINGS PVT. LTD.) | In the case of Seth Nand Lal [1980 Supp SCC 574] while considering the question of validity of pre-deposit before availing the right of appeal the Court held: (SCC p. 590, para 22) [R]ight of appeal is a creature of the statute and while granting the right the legislature can impose conditions for the exercise of such ... | 1[ds]6. The genesis of the stay provision contained in Section 254 of the Income Tax Act is in the celebrated judgment of this Court in Income Tax Officer v. M.K. Mohammed Kunhi (1969) 2 SCR 65. In this judgment, Section 254 of the Income Tax Act, as originally enacted, came up for consideration before this Court. Afte... | 1 | 10,871 | 8,419 | ### Instruction:
Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document.
### Input:
In the case of Seth Nand Lal [1980 Supp SCC 574] while considering the question of validity of pre-deposit ... |
State Bank Of India Vs. M/S. Ranjan Chemicals Ltd. | set off against any amount that may be found due to the bank on the basis of the loan transaction including the cash credit facility extended by it to the company. The decree to the one or the other would depend upon an ascertainment of the rights and obligations arising out of the loan transaction and the state of the... | 1[ds]The elements of a cause of action are: first, the breach of duty owing by one person to another and; second, the damage resulting to the other from the breach, or the fact or combination of facts which gives rise to a right to sue. Viewed thus, it cannot but be said that both claims have arisen out of the same tra... | 1 | 3,282 | 1,663 | ### 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:
set off against any amount that may be found due to the bank on the basis of the loan transaction inclu... |
Smt. T.Gayatri Devi Vs. Dr.Tallepaneni Sreekanth | 1. Leave granted. 2. This appeal has been filed challenging the order passed by the High Court of Judicature of Andhra Pradesh at Hyderabad dated 23.07.2012 by which the learned Single Judge was pleased to reject the petition filed by the appellant for transfer of a divorce proceeding instituted by the respondent-husba... | 1[ds]We find the approach of the High Court and the reasons assigned clearly unsustainable as the High Court appears to have lost sight of the fact that the respondent-husband on the one hand has filed a divorce proceeding against the appellant-wife and further expects the same to be tried at a place of his choice, whi... | 1 | 496 | 316 | ### 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:
1. Leave granted. 2. This appeal has been filed challenging the order passed by the High Court of Judicature of Andhra Pra... |
Hill Tiller and Company and Others Vs. Coffee Board, Bangalore, Through Its Chief Marketing Officer and Another | may be able to go ahead with the scheme". Paragraph 3 of the affidavit proceeds to state that the aforesaid noting had been approved by the Chairman of the Coffee Board and was implemented during the subsequent years and that there had been absolutely no modification in the method of arriving at the price while the act... | 0[ds]9. In our view, therefore, neither under the terms of the Circular dated September 19, 1962 nor under Rule IX of the Rules for Allotment of Imported Chicory to the Actual Users framed on December 7, 1960 were the registered exporters (including the first appellant) entitled to have allotments of imported chicory m... | 0 | 3,805 | 400 | ### 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:
may be able to go ahead with the scheme". Paragraph 3 of the affidavit proceeds to state that the afo... |
Commnr. Of Income Tax, Ahmedabad Vs. Sunil J. Kinariwala | entered into between the landlord the company, the Trust and the college, it was stipulated, inter alia, that in the event of failure to pay the amount to the college, it would have full right to recover the said amount by recourse to the court and that the college shall have the first charge on the property. The landl... | 1[ds]8. It may be pointed out that under the scheme of the Act, it is the total income of an assessee, computed under the provisions of the Act, that is assessable to income tax. So much of the income which an assessee is not entitled to receive by virtue of antitled created in favour of a third party would get diverte... | 1 | 3,951 | 891 | ### 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:
entered into between the landlord the company, the Trust and the college, it was stipulated, inter alia, that in the event ... |
Kolkata Metropolitan Development Authority Vs. Pradip Kumar Ghosh and Ors | would be a case of violation of the order to be dealt with under the Contempt of Courts Act. However, in our opinion, when statutory provision had been invoked for acquisition, there is no question of applicability of contempt of court also as laid down in Jacob (supra). 25. Reliance has been placed on Patasi Devi v. S... | 1[ds]It is apparent from the aforesaid provisions that the property that is under requisition can only be acquired. Requisition is a sine qua non for a property as on the date when notification Under Section 4 is issued. Section 3 had been omitted w.e.f. 1.4.1994. However the property was requisitioned before the provi... | 1 | 11,608 | 2,763 | ### 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:
would be a case of violation of the order to be dealt with under the Contempt of Courts Act. Howe... |
Purvi Mukesh Gada Vs. Mukesh Popatlal Gada | without even any court order, lends credence to the version of the appellant that the purpose was to give appropriate tuition to Tanay by the appellant so that his academic year is not wasted. Another fact which needs to be emphasised at this stage is that though the custody of Varenya was also with the respondent and ... | 1[ds]11. We may say at the outset that though the `welfare principle is correctly enunciated and explained in the impugned judgment, no reasons are given as to how this principle weighed, on the facts and circumstances of this case, in favour of the respondent. Instead two main reasons which have influenced the High Co... | 1 | 3,754 | 905 | ### 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:
without even any court order, lends credence to the version of the appellant that the purpose was to give ... |
Municipal Board, Saharanpur Vs. Shahdara (Delhi) Saharanpur Light Rail Co. Ltd | for a sum less than its fair letting value, might reasonably be expected to let from year to year." It becomes obvious in the light of the aforesaid provision that up to the limit of 5 per cent of the annual value, the Board can impose house tax on immovable properties, like railway stations, hotels, colleges, schools,... | 1[ds]For imposing house tax on buildings under Section 140(1)(a) it has to be shown that the buildings with their common appurtenant land or the land in common appurtenance to several buildings situated nearby are available for imposing such a tax thereon. It is only such appurtenant land which can form part of the bui... | 1 | 4,395 | 874 | ### 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:
for a sum less than its fair letting value, might reasonably be expected to let from year to year." It ... |
Inland Steam Navigation Works'Union &Anr Vs. U.O.I. | It was also held that the transferee Corporation has no obligation whatsoever in relation to payment of compensation, etc. to the workmen as per the list attached and these workmen are not entitled to any relief whatsoever. This award was challenged before the High Court and the High Court held that the none of the rel... | 1[ds]10. This Court in Central Indland Water Transport Corporation Ltd. (supra) took the view that the liability of the Corporation would not arise in the case because the question as to whether the transferee of an undertaking is a successor or not involves several factors. So far as the claim against the Corporation ... | 1 | 2,943 | 506 | ### 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:
It was also held that the transferee Corporation has no obligation whatsoever in relation to paym... |
Ram Chandra Arya Vs. Man Singh & Anr | to the case before us at all. In that case, a stranger to the suit was the auction-purchaser of the judgment-debtors immovable property in execution of an ex parte money decree. Before the sale could be affirmed, the ex parte decree was set aside and the question arose whether the auction-purchaser was entitled to a co... | 1[ds]It appeals from the judgment of the High Court that, in that Court, no attempt was made on behalf of the appellant to contend that the decree which was obtained against Ram Lal and in execution of which the house was sold was not null and void and was not a nullity. On the face of it, the decree was passed in cont... | 1 | 1,874 | 561 | ### 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:
to the case before us at all. In that case, a stranger to the suit was the auction-purchaser of the judgmen... |
UTTAR PRADESH SUBORDINATE SERVICE SELECTION COMMISSION & ANR Vs. BRIJENDRA PRATAP SINGH & ANR | the matter of selection by a body, unless a decision taken is palpably perverse, the Court should adopt a hands off approach. 10. Per contra, learned counsel for the respondent strongly contended that the respondent who belongs to the OBC category had secured 86 marks which was only one mark short of the cut off marks.... | 1[ds]11. The selection started in this case in the year 2015 by issuance of the advertisement. The examination took place on 21.02.2016. Option B to the question no. 46 would have been the correct answer but for the untimely death of the minister in question just 12 days prior to the examination. In other words, as on ... | 1 | 2,423 | 742 | ### Instruction:
Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding.
### Input:
the matter of selection by a body, unless a decision taken is palpably perverse, the Court should adopt a hands of... |
Shri Shubhlaxmi Mills Ltd Vs. Union Of India & Anr | the appellant company has purchased the property does not affect the question. The real question is whether after the accession of the Cambay State to the Dominion of India, somebody having a contractual right which could be enforced against the Cambay State was entitled to enforce it against the Government of India in... | 0[ds]It is to be noticed that in the application before the High Court no such case of recognition was setwords used in Para. 6 are, however, not capable of this interpretation. We think it proper to add that even assuming that a claim for recognition of the right to exemption on the basis of the covenant had been made... | 0 | 1,862 | 333 | ### Instruction:
Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding.
### Input:
the appellant company has purchased the property does not affect the question. The real question is whether after the acce... |
T.P. MURUGAN(DEAD) THROUGH LRS Vs. BOJAN | and sentenced him to undergo R.I. for six months and Fine of Rs.5000/-, failing which, he shall undergo one months R.I. 4. Aggrieved by the said judgment, the respondent-accused filed Criminal Appeal Nos. 437-438 of 2006 before the District and Sessions Judge, Fast Track Court No. III, Coimbatore. The District and Sess... | 0[ds]We have heard Senior Counsel for both parties, and perused the record. Under Section 139 of the N.I. Act, once a cheque has been signed and issued in favour of the holder, there is statutory presumption that it is issued in discharge of a legally enforceable debt or liability. This presumption is a rebuttable one,... | 0 | 1,841 | 361 | ### 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:
and sentenced him to undergo R.I. for six months and Fine of Rs.5000/-, failing which, he shall undergo... |
Firm A.T.B. Mehtab Majid & Co Vs. State of Madras & Another | produced in the State.17. Sub-rule (1) of the rule deals with the sale of raw hides and skins. The tax is levied from the dealer who is the last purchaser in the State. Its vires is not challenged. Clause (i) of sub-R. (2) provides for the levying of tax on the sale of hides and skins which had been tanned outside the ... | 1[ds]10.It is therefore now well settled that taxing laws can be restrictions on trade, commerce and intercourse, if they hamper the flow of trade and if they are not what can be termed to be compensatory taxes or regulatory measures. Sales tax, of the kind under consideration here, cannot be said to be a measure regul... | 1 | 3,566 | 956 | ### 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:
produced in the State.17. Sub-rule (1) of the rule deals with the sale of raw hides and skins. The tax is levied from the... |
Commissioner of Income Tax (Central), Calcutta Vs. Birla Brothers Private Limited | on the cash basis, of such sum, in respect of bad and doubtful debts, due to the assessee in respect of that part of his business, profession or vocation, and in the case of an assessee carrying on a banking or money-lending business, of such sum in respect of loan made in the ordinary course of such business as the In... | 1[ds]6. In our judgment the facts relied upon by the appellate tribunal and the High Court are barely sufficient for bringing the allowance claimed under Section 10(2)(xi). It may be mentioned that the case of the assessee was confined to that provision and no reliance was placed on any other provision under which such... | 1 | 2,379 | 301 | ### 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:
on the cash basis, of such sum, in respect of bad and doubtful debts, due to the assessee in respect of that part of his ... |
Rupa Roy Vs. The New India Assurance Company Ltd. & Anr | by the Motor Accident Claims Tribunal & District Judge, Nadia in M.A.C. Case No.3 of 2005. 3. A few facts need to be mentioned hereinbelow for the disposal of this appeal, which involves a short point. 4. The appellant is the claimant (applicant) and the respondents are the non-applicants in the claim petition filed be... | 1[ds]12. On perusal of the impugned order, we find that the High Court did not assign any reason for dismissal of the appellants appeal, which reads asWe have gone through the award so pronounced by the Motor Accident Claims Tribunal and we are of the opinion that there is no perversity or illegality in the award so pa... | 1 | 1,172 | 457 | ### Instruction:
Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding.
### Input:
by the Motor Accident Claims Tribunal & District Judge, Nadia in M.A.C. Case No.3 of 2005. 3. A few facts need to ... |
Cochin State Power And Light Corporation Ltd Vs. State Of Kerala | the coming into force of the new S. 6, that is to say, after September 5, 1959, and since the period expiring on December 2, 1960 is not such a period, the new S. 6 (1) did not confer any option of purchase on the expiry of December 2, 1960; and (4) in any event, the state Electricity Board having duly elected to purch... | 1[ds]7. We think that the fourth contention of Mr. Viswanatha Sastry is sound, and should be accepted, Assuming, without deciding, that the option of purchasing the undertaking on the expiry of the period of 25 years specified in the license was available under sub-s. (1) of S. 6, such option vested in the state Electr... | 1 | 3,350 | 702 | ### 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 coming into force of the new S. 6, that is to say, after September 5, 1959, and since the period expirin... |
Kamlabai & Others Vs. Sheo Shankar Dayal & Another | said properties. Mst. Jotkunwar, however, reserved to herself cultivating rights in sir lands consisting of 91.5 acres. Nankaiya died in 1909 and on his death his share was recorded in the names of Jira Bai and her two sons Brindaban and Mathura Prasad. In the month of November, 1918 both Brindaban and Mathura Prasad d... | 1[ds]4. We have examined the reasons given by the trial court for holding that the document of 1906 executed by Jotkunwar and the supposed act of Jira Bai amounted to a valid surrender of the whole estate of Raghurai accelerating the succession to his estate. We have also examined the grounds upon which the High Court ... | 1 | 1,196 | 413 | ### 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:
said properties. Mst. Jotkunwar, however, reserved to herself cultivating rights in sir lands consistin... |
STAR INDIA PRIVATE LIMITED Vs. DEPARTMENT OF INDUSTRIAL POLICY AND PROMOTION | by following the rules. It shall publish the date of coming into of the revised Tariff Scheme at least before two months in advance and the same shall be posted on its website.”62. At this juncture, it is of a little importance to compare and contrast Section 2(dd) of the Copyright Act with “broadcasting services” as d... | 0[ds]30. We are of the view that the provisions of the TRAI Act have to be viewed in the light of protection of the interests of both service providers and consumers. This being so, it is clear that no constricted meaning can be given to the provisions of this Act. It is important to remember that under Section 11(1)(a... | 0 | 29,293 | 2,212 | ### 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:
by following the rules. It shall publish the date of coming into of the revised Tariff Scheme at least before two months i... |
Lal Chand (Dead) By L.Rs. & Ors Vs. Radha Kishan | against whom a decree for eviction is passed is a tenant for the purposes of the Delhi Rent Control Act but whether he is a tenant for the purposes of s. 19 of the Slum Clearance Act. Lakhmi Chands (supra) case does not deal with this problem at all.Since the respondent had not obtained permission of the competent auth... | 1[ds]The High Court seems to have been impressed by the contention that the suit was not maintainable by reason of the provisions of s. 37A of the Slum Clearance Act, but it thought that Lal Chand having died there was no one before the Court who could legitimately contend that the suit was not maintainable. As stated ... | 1 | 5,057 | 1,184 | ### 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:
against whom a decree for eviction is passed is a tenant for the purposes of the Delhi Rent Control Act but w... |
M/s Ashoka Smokeless Coal Industries Pvt. Ltd. & Others Vs. Union of India & Others | and directs that continued supply should be made to the petitioners on the basis of the original notified price. Mr. Soli J. Sorabjee, learned Senior Counsel reminded the Court that Coal India Ltd. and its subsidiaries cannot run their business on securities or bank guarantees and in the interests of all concerned, it ... | 1[ds]6. We have given our anxious thought to the rival submissions. Most of the High Courts have passed orders directing the furnishing of bank guarantee and some of the High Courts have passed orders directing the furnishing of security for the difference in prices before claiming the supply of coal based on the coal ... | 1 | 1,788 | 757 | ### Instruction:
Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding.
### Input:
and directs that continued supply should be made to the petitioners on the basis of the original notified price. Mr. Soli ... |
Hanumanprasad Rameshwardas Bansal and Ors Vs. State of Maharashtra and Ors | Amicus Curiae the issue was lifting or piercing the corporate veil in respect of company and its subsidiaries. In the present case there is no question of lifting corporate veil as there is no allegation of fraud or malfeasance in the first case. 23. In J.K. Industries Ltd. &Ors. vs. Chief Inspector of Factories and Bo... | 1[ds]Having heard the learned Counsel for the Petitioners and having perused the materials on record, we are of the view that the Petitioners cannot be made personally liable to pay the dues of the workers for the following reasons.7. It is an admitted position that the Company was registered employer with the Responde... | 1 | 3,966 | 1,877 | ### 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:
Amicus Curiae the issue was lifting or piercing the corporate veil in respect of company and its subsidiaries. In the pres... |
Raj Kumari & Another Vs. Ravinder Kumar(Deceased) through Lrs. & Others | Mohan M. Shantanagoudar, J.1. Leave granted.2. These appeals arise out of the judgment dated 21.10.2016 passed by the High Court of Punjab and Haryana at Chandigarh in Regular Second Appeal Nos. 2636 of 2009 (O&M) and 3664 of 2009 (O&M), by which the concurrent judgments of the trial Court, as well as, the first appell... | 1[ds]6. Be that as it may, it may not be necessary for us to go in detail on the subject involved in these appeals, inasmuch as we find that the matters need to beby the High Court, since the High Court has ignored the vital averments made in the plaint while dismissing the suit. On going through the material on record... | 1 | 541 | 170 | ### 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:
Mohan M. Shantanagoudar, J.1. Leave granted.2. These appeals arise out of the judgment dated 21.10.2016 passed by the High... |
Maharashtra State Road Transportcorporation Vs. Shri Balwant Regular Motor Service.Amravati & Ors | the applicant for the certiorari would simply so state in his affidavit, and thus its non-production would be excused at that stage. If the court was persuaded that the conviction or order when in writing would probably be quashable, it would grant the certiorari, and order return of the record of adjudication. It is w... | 0[ds]8.It is true that S. 58 (1) (a) provides that the duration of the permit should be not less than three years and not more than five years as the R. T. A. may specify in the permit. But there is nothing in S. 48 (1) of the Act which states that the R. T. A. is required to specify expressly in the order of the grant... | 0 | 8,542 | 1,982 | ### Instruction:
Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding.
### Input:
the applicant for the certiorari would simply so state in his affidavit, and thus its non-production would be... |
State Of Punjab & Another Vs. British India Corporation Ltd | is provided or a cloakroom or a number of other parts of the hereditament. Tucker J. agreed- with this conclusion and observed :- ((The element which, to MY mind., is decisive is that the facts stated show that the canteen was necessary and essential for the welfare and efficiency of the workers engaged in the admitted... | 0[ds]It appears to us to be reasonable to think, however, that two principles will be easy of application in the solution of tile problem in the majority of cases. One is that where the building is used for a purpose which the factory law requires must be fulfilled in order that the factory may function, that will be u... | 0 | 3,133 | 333 | ### 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 provided or a cloakroom or a number of other parts of the hereditament. Tucker J. agreed- with... |
Dbh International Limited Vs. Their Workmen, Represented By The Transport and Dock Workers' Union | placed reliance upon the judgment of the apex Court in (J. K. Synthetics v. Rajasthan Trade Union Kendra), 2001 (2)S. C. C. 87. On the other hand, Mr. Dharap submitted that the Tribunal was wrong in considering the issue of closure and by doing so it travelled beyond the scope of the reference. The reference-was only i... | 1[ds]( 16 ) IT is well settled that allegation which is not pleaded, even if there is evidence in support of it, cannot be examined because other side has no notice of it and, if entertained, it would be tantamount to granting an unfair advantage to the first mentioned party. In other words, the rules of fair play dema... | 1 | 12,375 | 5,037 | ### 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:
placed reliance upon the judgment of the apex Court in (J. K. Synthetics v. Rajasthan Trade Union Kendra), 2001 (2)S. C. C... |
Ram Chandra Trading Company Vs. State of Uttar Pradesh and Another | This appeal arises out of four agreements executed between the appellant and the respondents. The first agreement related to work of colour washing an area covering 19, 000 sq. mts. The second contract related to white washing of the houses situate in the campus of the second respondent. The third contract related to d... | 1[ds]In the appeal before the learned District Judge an objection was raised that the appeal filed by the Principal of the Maharani Laxmi Bai Medical College is not maintainable and is liable to be dismissed on that ground alone. The learned District Judge held that the trial Court had directed the Arbitrator to make a... | 1 | 632 | 348 | ### 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:
This appeal arises out of four agreements executed between the appellant and the respondents. The first agre... |
State of Mysore Vs. Alexander Misquith, Etc | Hegde, J.1. These appeals by special leave brought by the State of Mysore raise a common question of law. That question is whether the 1st proviso to Section 3 of Madras Motor Vehicles (Taxation of Passengers and Goods) Act XVI of 1952 is valid. The High Court and the Courts below following certain earlier decisions of... | 0[ds]3. The question of law raised in these appeals has become academic, the impugned provision being no more in operation. The claims involved in these appeals are by no means substantial. They range between Rs. 852.25 P. and Rupees 2652.37 P. Hence we do not think that these are fit cases in which this Court should e... | 0 | 339 | 96 | ### 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:
Hegde, J.1. These appeals by special leave brought by the State of Mysore raise a common question of law. That question is... |
Union of India & Others Vs. M/s. Master Construction Co | full and final discharge voucher or no-dues certificate of that kind amounts to discharge of the contract by acceptance or performance and the party issuing the discharge voucher/certificate cannot thereafter make any fresh claim or revive any settled claim nor can it seek reference to arbitration in respect of any cla... | 1[ds]19. In Boghara Polyfab Private Limited, this Court surveyed a large number of earlier decisions of this Court, namely, The Union of India v. Kishorilal Gupta & Bros (AIR (1959) SC 1362 )., The Naihati Jute Mills Ltd. v. Khyaliram Jagannath (AIR (1968) SC 522 ), Damodar Valley Corporation v. K.K. Kar ((1974) 1 SCC ... | 1 | 3,733 | 2,001 | ### 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:
full and final discharge voucher or no-dues certificate of that kind amounts to discharge of the ... |
Godavari Sugar Mills Ltd. And Ors Vs. S. B. Kamble And Ors | landless persons or poor peasants is an essential attribute of agrarian reform and that as the lands of the industrial undertakings are not to be distributed but have to be cultivated by the Farming Corporation owned by the State, the acquisition cannot be considered to be a measure of agrarian reform. We are not impre... | 0[ds]14. We have given the matter our consideration and are unable to agree with the above conclusion of the High Court Articleabove article was inserted in the Constitution by the First Amendment. The object of this article is to give a blanket protection to the Acts and Regulations specified in the Ninth Schedule and... | 0 | 11,153 | 1,990 | ### 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:
landless persons or poor peasants is an essential attribute of agrarian reform and that as the lands of the i... |
Binny Ltd Vs. Their Workmen And Anr | of all the available material relating to the dispute. In the absence of such material the point must be decided against the appellant. In our view the further submission that the order of reference must on the face of it show what impelled the Government to depart from its earlier decision and that in the absence ther... | 0[ds]10. In our view the decision in India Marine Service v. Their Workmen, (1963) 1 Lab LJ 122 = (AIR 1963 SC 528 ) does not help the appellant. There the order of enquiry officer extracted at page 124 righthand column clearly shows that the order of dismissal was based on one of the charges and it was only after rec... | 0 | 4,712 | 1,671 | ### 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:
of all the available material relating to the dispute. In the absence of such material the point must be decided against th... |
Kanpur Sugar Works Ltd Vs. State Of Bihar & Ors | and 7. Under sub-s. (1) of S. 5 it is provided:"With effect from the date of vesting, all homesteads comprised in an estate or tenure and being in the possession of an intermediary on the date of such vesting shall, subject to the provisions of sections 7A and 7B be deemed to be settled by the State with such intermedi... | 1[ds]It is clear from a bare perusal of sub-section (1) of S. 7 that the buildings which are primarily used as offices or cutcheries referred to in cl. (a) of S. 4 as were in the possession of an intermediary at the commencement of the Act are excluded from the terms of S. 7 (1). Again, Sub-s. (1) only applies to such ... | 1 | 2,299 | 956 | ### Instruction:
Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences.
### Input:
and 7. Under sub-s. (1) of S. 5 it is provided:"With effect from the date of vesting, all homesteads comprised in an estat... |
Purshotam Das Goyal Vs. Hon'Ble Mr. Justice B. S. Dhillon And Ors | under s. 19 of the Act from an order issuing notice as nothing yet has been decided by the High Court. Mr. Mohan Behari Lai, learned counsel for the appellant combated this argument and submitted that an appeal does lie to this Court as a matter of right under s. 19.In our opinion, the preliminary objection raised on b... | 0[ds]In our opinion, the preliminary objection raised on behalf of the, respondents is well-founded and must be accepted as correct. S. 19(1) says An appeal shall lie as of right from any order or decision of the High Court in the exercise of its jurisdiction to punish forwhere the order or decision is that of a single... | 0 | 1,242 | 783 | ### 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:
under s. 19 of the Act from an order issuing notice as nothing yet has been decided by the High Court. Mr.... |
Harcharan Singh Vs. Mohinder Singh & Ors | Singh who was the Sub-Divisional Officer Muktsar, and also the Electoral Registration Officer of Gidderbha. Assembly Constituency at the relevant time deposed that the application Ext. P. W. 1/5 was presented before him and that he had ordered that the application be referred for disposal to the Tahsildar who held the ... | 0[ds]5. The appellant concedes that with his nomination paper he did not produce the electoral roll or a copy of the relevant part thereof of the Gidderbha Constituency. He, however, pleaded that at the time of the scrutiny of the nomination papers he had produced before the returning officer copies of the electoral ro... | 0 | 3,213 | 792 | ### 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:
Singh who was the Sub-Divisional Officer Muktsar, and also the Electoral Registration Officer of Gidderbha. Assembly Const... |
BHIM SINGH Vs. RADHEY SHYAM | 1. Heard learned counsel for the parties. 2. Leave granted. 3. The appellant was charged for commission of an offence under Sections 420, 467, 468 and 120B IPC in FIR No.599 dated 25th September, 2015. Pursuant thereto, the appellant approached this Court for grant of anticipatory bail under Section 438 but that was no... | 1[ds]5. In view of facts and circumstances of the case, we are of the opinion that from the kind of complaints which were filed immediately on grant of bail does not inspire confidence, there was no sufficient ground for cancellation of bail at this stage. Thus, we are satisfied that the order of the Sessions Court was... | 1 | 372 | 129 | ### 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. Heard learned counsel for the parties. 2. Leave granted. 3. The appellant was charged for commission of an offence under ... |
D. Macropollo & Co. Private Limited Vs. D. Macropollo & Co. (Private) Ltd., Employees' Union & Others | by respondent No. 1 that at Asansol and Jharia two salesmen were working directly under the appellant and that they had not been placed under any distributor. This circumstances incidentally brings out in bold relief the main fact that in all other places salesmen have been put under distributors by the appellant. In r... | 1[ds]We have merely to look at the correspondence which has been produced before the Labour Court to be satisfied that the criticism made by the learned judge against the appellant on this ground is not at all justified. Let us consider some of the relevant correspodence. It appears that on the 15th and 25th of Novembe... | 1 | 4,619 | 2,339 | ### 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:
by respondent No. 1 that at Asansol and Jharia two salesmen were working directly under the appellant and that they had n... |
Workmen Vs. Management Of Dunlop Rubber Company Of India Limited | paid nearly 60 to 62% as bonus. Prima facie, we are of the view that even if the claim of the company for rehabilitation is rejected completely, still on the basis of the figures worked out in the above charts, after taking into account the rebate in Income-tax that will be received by the company, the workmen have bee... | 1[ds]We are of the opinion that the Tribunal was justified in accepting the contention of the company that the amounts received as commission and royalties need not he added back.It may be mentioned that the company had deducted from the profits the provision made for retirement gratuities written back. Mr. Sen has qui... | 1 | 4,404 | 1,074 | ### 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:
paid nearly 60 to 62% as bonus. Prima facie, we are of the view that even if the claim of the company for rehabilitation i... |
Medical Council Of India Vs. State Of Karnataka | teaching beds in the attached hospitals will have to be in the ratio of 7 beds per student admitted. Regulations of the Medical Council, which were approved by the Central Government in 1971, provide for the qualification requirements for appointments of persons to the posts of teachers and visiting Physicians/Surgeons... | 1[ds]Mr. Dave appearing for the Medical Council submitted that this Court in Nivedita Jains case did not say that all the Regulations framed by the Medical Council under Section 33 of the Medical Council Act were directory. He said that the Court in that case was considering Regulations 1 and 2 only and it had held tha... | 1 | 12,694 | 1,247 | ### 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:
teaching beds in the attached hospitals will have to be in the ratio of 7 beds per student admitted. Regulati... |
Election Commission Vs. Saka Venkata Subba Rao | unsound mind and stands so declared by a competent court; (c) if he is an undischarged insolvent; (d) if he is not a citizen of India, or has voluntarily acquired the citizenship of a foreign State, or is under any acknowledgment of allegiance or adherence to a foreign State; (e) if he is so disqualified by or under an... | 1[ds]In our opinion these two articles go together andprovide a remedy when a member incurs a disqualification after he is elected as a member. Not only do the words " becomes subject" in article 190(3) and "has become subject" in article 192(1) indicate a change in the position of the member after he was elected, but ... | 1 | 5,104 | 452 | ### 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:
unsound mind and stands so declared by a competent court; (c) if he is an undischarged insolvent; (d) if he i... |
Pramina Devi (Dead) Thr. LRs Vs. State of Jharkhand | the claimants heavily relied upon the Sale Deed registered between the years 1977 to 1979, which were marked as Exh.2, Exh.2/a, Exh.2/b and Exh.2/c. The Reference Court discarded all the aforesaid sale deeds and dismissed the respective references observing that the valuation of the acquired land has been rightly deter... | 1[ds]3. We have heard learned counsel appearing for the respective parties at length. We have also gone through and considered the impugned judgments and orders passed by the High Court. From the impugned judgment and orders passed by the High Court, it can be seen that after holding that Sale Deed dated 12.02.1979 (Ex... | 1 | 1,260 | 832 | ### 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:
the claimants heavily relied upon the Sale Deed registered between the years 1977 to 1979, which were marked as Exh.2, Ex... |
Benaras State Bank Ltd Vs. Commissioner Of Income-Tax, Lucknow | Shah, Ag. C.J.1. By order dated August 23, 1968, we called for a supplementary statement on the issue whether dividend warrants were delivered by the Glass Works to the Bank on August 3 1949. The Tribunal has submitted a statement of the case that the only relevant facts proved are that the dividend was declared on Jul... | 0[ds]4. The State of Benaras after merger on December 1, 1949 with the Dominion of India formed part of the State of Uttar Pradesh and was on that account part of the taxable territories by virtue of the definition contained in Section 2 (14A) of the Indian Income-tax Act. Assuming that the dividend accrued within an I... | 0 | 1,141 | 500 | ### 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:
Shah, Ag. C.J.1. By order dated August 23, 1968, we called for a supplementary statement on the issue whether dividend wa... |
Rakesh Birani Vs. Prem Narain Sehgal and Ors | after meeting the cost of removing encumbrances and contingencies there is any surplus available out of the money deposited by the purchaser such surplus shall be paid to the purchaser within fifteen days from the date of finalisation of the sale.) (8) On such deposit of money for discharge of the encumbrances, the aut... | 1[ds]The aforesaid dates are not in dispute. The decision depends upon the interpretation of Rule 9 of Security Interest (Enforcement) Rules, 2002 (for short the 2002 Rules).7. In order to comprehend the rival submissions, it is necessary to ponder as to intendment of Rule 9 of the 2002 Rules which deals with the time ... | 1 | 2,147 | 723 | ### 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:
after meeting the cost of removing encumbrances and contingencies there is any surplus available out of... |
Ashok Lanka And Another Vs. S Rishi Dixit And Others | a statutory authority while exercising its statutory functions may do away with or dilute the statutory mandates. 77. In G.J. Fernandez (supra), again this Court was interpreting the conditions of NIT and not the statutory rules. It is only in the fact situation obtaining therein it was observed that the way in which t... | 1[ds]When a public interest litigation was entertained the individual conduct of the writ petitioners would take a backseat. There cannot be any doubt whatsoever that in a given case a party may waive his legal right. In an appropriate case, the doctrine of acquiescence or acceptance sub silentio may also be invoked.th... | 1 | 12,354 | 917 | ### 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:
a statutory authority while exercising its statutory functions may do away with or dilute the statutory... |
Shri Bileshwar Khand Udyog Khedut Sahakari Mandali Limited, Kodinar Vs. Khand Udyog Kamdar Mandal | Pathak, J.1. This appeal by special leave is directed against an order of the High Court of Gujarat dismissing in limine the appellants writ petition challenging an industrial award.2. The appellant is a cooperative society, whose members include cultivators of agricultural produce. It operates a sugar factory and its ... | 1[ds]3. In this appeal, the main contention is that having regard to the questions which arose in the case the High Court erred in dismissing the writ petition in limine. It is pointed out that in making its award the Industrial Court adopted the standard that a worker employed for 240 days or more in the year was enti... | 1 | 473 | 301 | ### 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:
Pathak, J.1. This appeal by special leave is directed against an order of the High Court of Gujar... |
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