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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Luhar Amrit Lal Nagji Vs. Doshi Jayantilal Jetralal And Others | in dealing with questions of Hindu Law, the Privy Council introducted considerations of justice, equity and good conscience and the interpretation of the relevant texts sometimes was influenced by these considerations. In fact, the principle about the binding character of the antecedent debts of the father and the prov... | 0[ds]7. The doctrine of pious obligation under which sons are held liable to discharge their fathers debts is based solely on religious considerations; it is thought that if a persons debts are not paid and he dies in a state of indebtedness his soul may have to face evil consequences, and it is the duty of his sons to... | 0 | 6,073 | 767 | ### 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:
in dealing with questions of Hindu Law, the Privy Council introducted considerations of justice, equity an... |
DEPARTMENT OF MINES AND GEOLOGY STATE OF PUNJAB Vs. STATE LEAVE ENVIRONMENT IMPACT ASSESSMENT AUTHORITY | 1. The subject matter of these Appeals is the order passed by the National Green Tribunal, Principal Bench, New Delhi (hereinafter, ‘the Tribunal?) dismissing the Appeals filed by the Appellant challenging the order dated 09.04.2018 passed by the Respondent. The Review Application filed by the Appellant was also dismis... | 0[ds]10. After examining the material on record and the submissions made by the learned counsel appearing for the parties, there is no reason to interfere with the order passed by the Tribunal. The order of revocation of the environmental clearance is pursuant to the acceptance of the report submitted by the Expert Com... | 0 | 1,002 | 94 | ### 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:
1. The subject matter of these Appeals is the order passed by the National Green Tribunal, Principal Bench, N... |
State of Maharashtra Vs. Niranjan & Others | that he minutely inspected the spot of incident but he did not find any marks of firing. The spot panchnama is at Exhibit-22. Upon careful perusal of the spot panchnama it clearly reveals that nothing objectionable was found on the spot of incident. Therefore, we find considerable force in the argument advanced by the ... | 1[ds]14. The trial Court has observed that, in the present case the conduct of the witnesses is very material. According to the prosecution witnesses after they heard the sound, they came out of the tent, still the informant has not narrated the incident to them. The trial Court further observed that, even after the ac... | 1 | 3,560 | 558 | ### 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:
that he minutely inspected the spot of incident but he did not find any marks of firing. The spot panch... |
U.P. Power Corporation Ltd Vs. Rajesh Kumar and Ors | case. ix) The concepts of efficiency, backwardness and inadequacy of representation are required to be identified and measured. That exercise depends on the availability of data. That exercise depends on numerous factors. It is for this reason that the enabling provisions are required to be made because each competing ... | 1[ds]38. From the aforesaid decision and the paragraphs we have quoted hereinabove, the following principles can be carved out: -i) Vesting of the power by an enabling provision may be constitutionally valid and yet exercise of power by the State in a given case may be arbitrary, particularly, if the State fails to ide... | 1 | 16,317 | 1,112 | ### 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:
case. ix) The concepts of efficiency, backwardness and inadequacy of representation are required ... |
Sebastiao Luis Fernandes (Dead) Through Lrs. & Others Vs. K.V.P. Shastri (Dead) Through Lrs. Others | of Hira Lal which view is supported by other cases referred to supra. Therefore, answer to the said substantial questions of law by the High Court by recording cogent and valid reasons to annul the concurrent findings that the non-appreciation of the pleadings and evidence on record by the courts below rendered their f... | 0[ds]we are satisfied that the ratio laid down by this Court in Hiracase (supra) and other decisions referred to supra upon whichcounsel placed reliance in justification of the findings and reasons recorded by the High Court in the impugned judgment are applicable to the fact situation of this case as the courts below ... | 0 | 6,512 | 312 | ### Instruction:
Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding.
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of Hira Lal which view is supported by other cases referred to supra. Therefore, answer to the said substanti... |
Management of Sone Valley Portland Cement Co. Ltd Vs. Its Workmen & Others | tribunal should have followed the scheme in force in the factories of Associated Cement Companies, Limited where there is a maximum of fifteen months wages provided for gratuity. The tribunal in the present case has introduced no maximum and the appellant contends that the maximum should be introduced in its case also.... | 0[ds]We are of opinion that though technically the tribunal held that the two officers could not represent the appellant, in fact it appears from the proceedings that the two officers were allowed to represent the appellant, both on 26 and 27 June 1959. Further we cannot forget that the main evidence in this case was l... | 0 | 2,972 | 1,006 | ### 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:
tribunal should have followed the scheme in force in the factories of Associated Cement Companies, Limi... |
Howrah Municipality Vs. Mansa Das Dey (Through Widow) | which date he started absenting himself without caring for sanction of leave and without giving opportunity to the administration to make necessary arrangement. (2) That since 3 May, 1960 he has been absenting himself in such unauthorized manner uptill now. (3) That he was informed of his obligation to submit medical c... | 0[ds]The tribunal held that the proceedings of the domestic enquiry were vitiated because of victimization of the respondent and then of the municipality was actuated with malice and vindictiveness against the respondent. The tribunal held on the merits that dismissal of the respondent was not justified and ordered tha... | 0 | 1,552 | 357 | ### Instruction:
Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text.
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which date he started absenting himself without caring for sanction of leave and without giving opportunity to the admini... |
Commissioner of Income Tax, West Bengal Vs. Brij Lal Lohia and Mahabir Prasad Khemka (Executors of The Late Kanailal Lohia) | came up for consideration before the authorities under the Act while dealing with the assessments with which we are concerned in this case. In those cases the assessee adduced considerable additional evidence and on the basis of that evidence the Tribunal after taking into consideration the decisions rendered by the Tr... | 0[ds]On going through the Tribunals order, we are satisfied that the finding of the Tribunal cannot be said to be a perverse finding. That finding being finding of facts, it was not open to the High Court nor is it open to this court to interfere with that findingThe fact that in the earlier proceedings the Tribunal to... | 0 | 1,506 | 117 | ### 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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came up for consideration before the authorities under the Act while dealing with the assessments with which we ar... |
The Commissioner Of Income-Tax,Bihar And Orissa Vs. Sri Ramakrishna Deo | decision of the High Court that the income thus realised is within the exemption under S. 4 (3) viii) could be supported even on the view of law taken in 1958 S C R 101 : ((S) AIR 1957 SC 768 ). The argument was that there was unimpeachable evidence that the old forests had disappeared under Podu cultivation, that the ... | 1[ds]5. At the very outset, we should dissent from the view expressed by the learned Judges that the burden is on the department to prove that the income sought to be taxed is not agricultural income.The law is well settled that it is for a person who claims exemption to establish it, and there is no reason why it shou... | 1 | 4,547 | 896 | ### Instruction:
Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction.
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decision of the High Court that the income thus realised is within the exemption under S. 4 (3) viii) c... |
Commissioner Of Income-Tax, Bombay Vs. James Anderson | observations made by Kapur, J. who spoke for the Court in Amarchand Shoffs case, (1963) 48 ITR 59 ( at p. 67) : (AIR 1963 SC 1448 at p. 1452):"In the present case the amounts which are sought to be taxed and which have been held not to be liable to tax are those which were not received in the previous year and are ther... | 0[ds]Section 24B in terms refers to the liability of the legal representative to pay tax assessed as payable by such deceased person, or any tax which would have been payable by him under the Act if he had not died, and if the expression "tax which would have been payable under this Act, if he had not died" is intended... | 0 | 3,692 | 600 | ### 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:
observations made by Kapur, J. who spoke for the Court in Amarchand Shoffs case, (1963) 48 ITR 59 ( at p. ... |
State Of Mysore & Anr Vs. M. M. Thammaiah & Anr | Act, 1964. Rule 10 is a part of the Rules meant for the guidance of Classifiers for implementing the impending survey settlement. The Rules called "Rules for Classifiers" contain instruction as to how the Classifiers should conduct themselves in making the survey settlement. For example, Rule 1 says that "Each classifi... | 1[ds]The High Court has held that Rule 10 of the Rules for Classifiers contained in Appendix B to the Coorg Settlement Report, 1910 contains an express reservation of the trees standing on Bane Lands in favour of the State Government. Learned counsel appearing for the State of Mysore has also placed strong reliance on ... | 1 | 3,208 | 1,059 | ### 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:
Act, 1964. Rule 10 is a part of the Rules meant for the guidance of Classifiers for implementing the impending sur... |
State of Tamil Nadu and Others Vs. Messrs Sanjeetha Trading Company and Others | Articles in Part XIII that a purely textual interpretation may not disclose the true intendment of the Articles." * The framers of the Constitution neither wanted to ensure the freedom of trade and commerce on the pattern of the freedom guaranteed by Section 92 of the Australian Constitution nor they thought it proper ... | 1[ds]The framers of the Constitution thought such intercourse necessary, so that there should be an economic unity of India and there should not be regional or territorial barriers. At the same time, being conscious of the fact that such freedom of trade, commerce and intercourse throughout the territory of India may r... | 1 | 4,959 | 1,750 | ### 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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Articles in Part XIII that a purely textual interpretation may not disclose the true intendment of the Articles." * The fra... |
Orissa Industrial Infra.Dev. Corporation Vs. M/S Mesco Kalinga Steel Ltd. | different quarters, administrative as well as political.xxx xxx xxx32.We have carefully gone through the provisions of the 2009 Act and find that they do not even remotely deal with the issue of allotment of land to the educational institutions. Therefore, the Division Bench of the High Court was not at all justified i... | 1[ds]14. In the instant case it is apparent that possession had been enjoyed by Mesco without execution of the lease deed. The conduct of IDCO was also not diligent. Notice was served in the year 1997 for resumption but thereafter up to July, 2003 nothing was done by either IDCO or Mesco. Not even a single communicatio... | 1 | 6,658 | 2,563 | ### 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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different quarters, administrative as well as political.xxx xxx xxx32.We have carefully gone through the provisions of the... |
Bhargavi Constructions Vs. Kothakapu Muthyam Reddy | 32) The question as to whether the expression "law" occurring in clause(d) of Rule 11 of Order 7 of the Code includes "judicial decisions of the Apex Court" came up for consideration before the Division Bench of the Allahabad High Court in Virender Kumar Dixit vs. State of U.P., 2014(9) ADJ 1506. The Division Bench dea... | 1[ds]24) Having heard the learned counsel for the parties and on perusal of the record of the case, we find force in the submissions of the learned counsel for theIn our considered view, the aforesaid law laid down by this Court is binding on all the Courts in the country by virtue of mandate of Article 141 of the Cons... | 1 | 3,761 | 668 | ### 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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32) The question as to whether the expression "law" occurring in clause(d) of Rule 11 of Order 7 ... |
Union Of India Vs. Birla Cotton Spinning & Weaving Mills Ltd | urged that mere refusal by the Union to pay the amount due is sufficient to raise a dispute "in connection with the contract" within the meaning of Cl. 21 of the Arbitration agreement. We are unable to agree with that contention. A dispute that the Union is not liable to pay the price under the terms of the contract is... | 0[ds]8. The principle of the decision of the House of Lords in Heyman v. Darwins Ltd.,1942 AC 356, on which reliance was placed on behalf of the Union has also no application. It was held in that case that when an arbitration clause in a contract provides without any qualification that any difference or dispute which m... | 0 | 2,247 | 299 | ### 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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urged that mere refusal by the Union to pay the amount due is sufficient to raise a dispute "in conne... |
DLF Home Developers Limited Vs. Rajapura Homes Private Limited & Anr | the main agreement itself. 29. The nature of arbitration clauses in the present case are substantially different when compared with the dispute resolution clause of the main agreement in Olympus Superstructure (Supra). The arbitration Clause 9 of the Rajapura SPA/Southern Homes SPA does not have any overriding effect a... | 1[ds]18. The jurisdiction of this Court under Section 11 is primarily to find out whether there exists a written agreement between the parties for resolution of disputes through arbitration and whether the aggrieved party has made out a prima facie arbitrable case. The limited jurisdiction, however, does not denude thi... | 1 | 8,137 | 2,304 | ### Instruction:
Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document.
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the main agreement itself. 29. The nature of arbitration clauses in the present case are substantially diff... |
Chandra Bhavan Boarding And Lodging, Bangalore Vs. The State Of Mysore And Anr | on the extent to which the directive principles are implemented. The mandate of the Constitution is to build a welfare society in which justice social, economic and political shall inform all institutions of our national life. The hopes and aspirations aroused by the Constitution will be belied if the minimum needs of ... | 0[ds]It is true that this Court has firmly ruled that the procedural inequality, if read and substantial is also within the vice of Article 14. But then, before a power can be held to be bad the same should be an unguided and unregulated one. But if a power is given to an authority to have recourse to different procedu... | 0 | 5,842 | 2,047 | ### 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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on the extent to which the directive principles are implemented. The mandate of the Constitution is to build a welfare soci... |
Travancore Cochin Chemicals Limited Vs. Commissioner Of Income-Tax, Kerala | the construction of the road and, therefore, the amount contributed was capital expenditure. The High Court accordingly answered the question in the negative and against the assessee. In this appeal, brought on a certificate under section 261 of the Income-tax Act, 1961, the assessee challenges the correctness of the a... | 0[ds]In the case before us, the High Court applied Viscount Caves test and found that the expenditure made by the assessee brought into existence an advantage for the enduring benefit of the assessees trade and accordingly held that this was capital expenditureEach case turns on its own facts. It is not disputed here t... | 0 | 1,506 | 381 | ### 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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the construction of the road and, therefore, the amount contributed was capital expenditure. The High Court accordingly an... |
Samarendra Nath Sinha & Anr Vs. Krishna Kumar Nag | whole and that the decree following the concluding portion of the judgment awarding costs against all the defendants was not in accord with the true intention of the court. 15. The second contention is based on the observations of Lord Herschell in Hatton v. Harris, 1892 AC 547 at p. 558 where he stated:-"that there ma... | 1[ds]7. It is manifest that the High Courts judgment meant that the respondent had sufficient interest to maintain the said appeal and participate in the proceedings before the Trial Court on the said remand for considering the question whether the said preliminary decree should be altered or not and if not whether the... | 1 | 4,999 | 2,400 | ### 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:
whole and that the decree following the concluding portion of the judgment awarding costs against all the defendants was no... |
Bhawanji Lakhamhi & Ors Vs. Himatlal Jamnadas Dani & Ors | landlord of his former power of eviction, no such inference can properly be drawn. That is the very obvious and cogent basis of the decision in 1920-3 KB 428".11. It was argued on behalf of the appellants, on the basis of the decision of this Court in Manujendra Dutt v. Purnendu Prosad Roy Chowdhury, (1967) 1 SCR 475 =... | 1[ds]9. The act of holding over after the expiration of the term does not create a tenancy of any kind. If a tenant remains in possession after the determination of the lease, the common law rule is that he is a tenant on sufferance.A distinction should be drawn between a tenant continuing in possession after the deter... | 1 | 3,692 | 1,057 | ### 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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landlord of his former power of eviction, no such inference can properly be drawn. That is the very obvious and cogent basi... |
State Of Madras Vs. G. Sundaram | provided for the enquiry by the Tribunal and the subsequent proceedings differs from similar procedure under the Rules in a way which is prejudicial to the interests of the Police Officer. We need not elaborately deal with these contentions as this Court had to deal with substantially the same contentions in Jagannath ... | 1[ds]7. It is well settled now that a High Court, in the exercise of its jurisdiction under Art. 226 of the Constitution, cannot sit in appeal over the findings of fact recorded by a competent Tribunal in a properly conducted departmental enquiry except when it be shown that the impugned findings were not supported by ... | 1 | 3,461 | 1,113 | ### 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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provided for the enquiry by the Tribunal and the subsequent proceedings differs from similar procedure under the Rules in ... |
UNION OF INDIA Vs. RELIANCE COMMUNICATION LIMITED | i.e. the excess amounts and also the release of the bank guarantee amounting to 108.95 crores. 6. The Union disputed its liability before the TDSAT and relied upon Para 4.5b(x) of the NIA 2015 and also alleged that default interest was payable and furthermore, that RCL had defaulted in payment of spectrum instalment to... | 0[ds]10. The facts narrated above show that the respondent-licencees faced financial constraints; apparently telecom service providers as a class also faced some financial stress, which triggered the Union to revisit its policy and ultimately modify the terms of payment of deferred payment charges and consequently, the... | 0 | 1,911 | 481 | ### 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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i.e. the excess amounts and also the release of the bank guarantee amounting to 108.95 crores. 6. The Unio... |
M.P.Gopalakrishnan Nair Vs. State Of Kerala | temple worship, will fulfill the requirement of the word Hindu occurring in the Act. Our conclusion aforesaid necessarily flows from the title and preamble of the Act as also the definition contained in S.2(b) of the Act." 44. The High Court for the aforementioned purpose considered the history of the provisions as was... | 1[ds]18. India is a secular country. Secularism has been inserted in the Preamble by reason of the Constitution 42nd Amendment Act, 1976. The object of inserting the said word was to spell out expressly the high ideas of secularism and the integrity of the nation on the ground that these institutions are subject to con... | 1 | 7,826 | 2,407 | ### 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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temple worship, will fulfill the requirement of the word Hindu occurring in the Act. Our conclusion aforesaid necessarily ... |
M/S. Sunflag Iron & Steel Company Limited Vs. The Central Board of Direct Taxes, Ministry of Finance, Govt. of India & Another | Apex Court in the case of Kerala Financial Corporation v. Commissioner of Income Tax reported in AIR 1994 SC 2416 (cited supra), which read as under :13. Shri Salve would however, urge that a little different view of the matter had been taken by two-Judge Bench of this Court in K.P. Varghese v. Income Tax Officer, 131 ... | 1[ds]10. In the light of the aforesaid import of subsection (7) of Section 2, it will be relevant to refer to the provisions of Sections 163160 of the said Act. The perusal of clause (b) ofsubsection (1) of Section163 would reveal that for the purposes of the said Act, in relation to anany person in India who has any b... | 1 | 6,788 | 1,105 | ### 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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Apex Court in the case of Kerala Financial Corporation v. Commissioner of Income Tax reported in AIR 1994 SC 2416... |
M/s. Ashok Paper Kamgar Union & Others Vs. Dharam Godha ?& Others | into between the petitioner, namely Ashok Paper Kamgar Union Government of Bihar and NCFL. The material on record shows that though several meetings were held, but for some reason or the order, the agreement could not fructify and could not be signed. Shri H.C. Sirohi, Labour Commissioner, Bihar, wrote a letter to the ... | 0[ds]16. Under the Scheme which was formulated on 28.6.1996 and had been approved by this Court by the order dated 8.7.1996, NCFL had to pay a fixed consideration of Rs. 6 crores over a period of four years in 16 quarterly instalements of Rs. 37.5. lakhs each. the NCFL has no doubt default in payment of the aforesaid a... | 0 | 7,522 | 707 | ### 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:
into between the petitioner, namely Ashok Paper Kamgar Union Government of Bihar and NCFL. The materi... |
ANDHRA KESARI COLLEGE OF EDUCATION Vs. THE STATE OF ANDHRA PRADESH AND ORS | determining the minority status of candidates seeking admission in the Management Quota. The G.O.M. provides that the SSC/Transfer Certificate should be the basis for making a valid claim by a candidate that he or she belongs to the minority religion, to be eligible for admission.Statistical data was placed on record b... | 0[ds]The impugned G.O.Ms do not impose any fetters on the freedom of the minority institutions to profess, propagate, and practice their religion, or the right to establish and administer their educational institutions. The criteria has been prescribed only for the purpose of determining the minority status of the cand... | 0 | 2,080 | 187 | ### 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:
determining the minority status of candidates seeking admission in the Management Quota. The G.O.M. provides ... |
KAPILABEN Vs. ASHOK KUMAR JAYANTILAL SHETH THROUGH POA GOPALBHAI MADHUSUDAN PATEL | enforced by law unless and until that event has happened.? ?35. When contracts become void, which are contingent on happening of specified event within fixed time.—Contingent contracts to do or not to do anything, if a specified uncertain event happens within a fixed time, become void if, at the expiration of the time ... | 1[ds]7. Upon considering the facts and circumstances of the present case, it is evident that there is no privity of contract between the Appellants and Respondent Nos. 1. Respondent Nos. 1 were not party to the 1986 agreement. Vice versa, the Appellants were not party to the 1987 agreements, though whether or not they ... | 1 | 7,858 | 1,907 | ### 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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enforced by law unless and until that event has happened.? ?35. When contracts become void, which are contingent on happenin... |
Mohanlal Jain Vs. His Highness Maharaja Shri Sawai Man Singhji | sovereign Rulers of Indian States, handed over, after the foundation of the Republic, their States to the Nation in return for an annual Privy Purse and the assurance that their personal rights, privileges and dignities would be respected. The Constitution itself declared that these rights, etc., would receive recognit... | 0[ds]It is easy to see that the ex-Rulers form a class and the special legislation is based upon historical considerations applicable to them as a class. The Princes who were, before integration, sovereign Rulers of Indian States, handed over, after the foundation of the Republic, their States to the Nation in return f... | 0 | 3,002 | 501 | ### 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:
sovereign Rulers of Indian States, handed over, after the foundation of the Republic, their States to the Nation in retur... |
Jaswant Singh Gill Vs. M/S. Bharat Coking Coal Ltd. | a statutory right provided in favour of the employee..." 17. Interpreting Section 4(1) of the Act, it was held: "...We shall come back to the deposit of the provident fund but as regards the gratuity amount, be it noted that there is a mandate of the statute that gratuity is to be paid to the employee on his retirement... | 1[ds]10. The Rules framed by the Coal India Limited are not statutory rules. They have been made by the holding company of Respondent No. 1.11. The provisions of the Act, therefore, must prevail over the Rules. Rule 27 of the Rules provides for recovery from gratuity only to the extent of loss caused to the company by ... | 1 | 3,716 | 623 | ### 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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a statutory right provided in favour of the employee..." 17. Interpreting Section 4(1) of the Act, it was held: "...We sha... |
State Of Punjab And Anr Vs. Kirpal Singh Bhatia & Ors | letter dated 23 July, 1957 meant that a teacher who passed Bachelor of Teaching examination would be entitled to be appointed a Master and on being so appointed would be entitled to the scale of pay. With regard to the letter dated 7 November 1958 which stated that 25 per cent posts of B.T./B .Ed. Masters in Rs. 110-25... | 0[ds]The contention of the State that there was not to be a mass increase of scale of pay is unsound. Teachers who possessed degrees became entitled to scales of pay according to category A.The High Court rightly referred to the letter of the Secretary of the Department dated 24 September, 1957 that teachers holding B.... | 0 | 2,049 | 683 | ### 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:
letter dated 23 July, 1957 meant that a teacher who passed Bachelor of Teaching examination would be entitled to be appoin... |
University of Rajasthan, Jaipur Vs. Roshan Lal Seth | obtain 36% of the aggregate marks in the four papers. So the University (the appellant) declared him unsuccessful in the M. A. Examination. Feeling aggrieved, he filed a writ petition in the Rajasthan High Court. The argument before the High Court was that as he has obtained 36% of the aggregate marks in the eight pape... | 1[ds]5. The High Court has laid more stress on the words "in each subject" in the Regulation. The subject offered by the respondent no doubt was Economics. But it was his subject in the M. A. Previous Examination as well as in the M. A. Final Examination. So it was necessary for him to obtain at least 36% of the aggreg... | 1 | 1,265 | 297 | ### 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:
obtain 36% of the aggregate marks in the four papers. So the University (the appellant) declared him un... |
Kallyani Vs. Narayanan And Ors | Bom LR 461), an ikrarnama was produced which showed that defined shares in the whole estate had been allotted to the several coparceners. There was a passage which gave liberty to any of the parties either to live together as a member of the joint family or to separate his own business Mahabir was given four annas shar... | 1[ds]Thus, when property is described as tarvad property in a broad sense it is admitted to be joint family property. This also becomes clear from the recital in Ex. P-1 that properties in A and B schedules were tarvad properties in C schedule were claimed by him as his self-acquired properties and they were to be kept... | 1 | 8,484 | 2,188 | ### 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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Bom LR 461), an ikrarnama was produced which showed that defined shares in the whole estate had been allotte... |
MR. ANURAG MITTAL Vs. MRS. SHAILY MISHRA MITTAL | Respondent, Ms. Rachna Aggarwal cannot be considered as a living spouse. Hence, Section 5 (i) is not attracted and the marriage between the Appellant and the Respondent cannot be declared as void.13. Sh. Sakha Ram Singh, learned Senior Counsel appearing for the Respondent placed reliance on a judgment of this Court in ... | 1[ds]7. In the said judgment, this Court also had occasion to deal with the continuance of the marital tie even after the decree of divorce for the period of incapacity as provided in the Proviso to Section 15 of the Act. In the said context, this Court held as follows:13. T o say that such provision continues the marr... | 1 | 4,952 | 1,791 | ### 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:
Respondent, Ms. Rachna Aggarwal cannot be considered as a living spouse. Hence, Section 5 (i) is not attract... |
Waverly Jute Mills Co. Ltd Vs. Raymon & Company (India) Pvt. Ltd | case the position is different. We have an independent agreement by which the parties agreed to refer the disputes to arbitration. Pursuant to this agreement, contracts were entered into and when the plaintiffs made a claim against the defendants, the defendants denied their liability. Therefore, what was denied was no... | 1[ds]This statute was enacted by Parliament and received the assent of the President on December 26, 1952. Its validity is attacked on two grounds, that Parliament had no competence to enact it, and that the provisions of the Act are repugnant to Art. 14 and Art. 19 (1) (g) of the Constitution and therefore void. If th... | 1 | 6,118 | 2,781 | ### 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:
case the position is different. We have an independent agreement by which the parties agreed to refer the disputes to arbit... |
Badri Nath & Anr Vs. Mst. Punna (Dead) By Lrs & Ors | in the technical sense, it would not be correct to describe the shebaitship as a mere office. The shebait has not only duties to discharge in connection with the endowment, but he has a beneficial interest in the debutter property. As the Judicial Committee observed in the above case, in almost all such endowments the ... | 0[ds]A careful perusal of the extract shows that Mr. Sinhas contention is well founded because there is not so much as a hint to the main temple in theis thus no. doubt that the right to receive a share in the offerings is subject to the performance of onerous duties. But then it is apparent that none of these duties i... | 0 | 4,557 | 410 | ### 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:
in the technical sense, it would not be correct to describe the shebaitship as a mere office. The shebait has not... |
Sube Singh & Another Vs. Shyam Singh (Dead) & Others | A.M. Khanwilkar, J.1. The sole question to be answered in this appeal is: whether the High Court was right in applying multiplier 14 for determining compensation amount in a motor accident claim case in reference to the age of parents of the deceased whilst relying on the decision of this Court in Ashvinbhai Jayantilal... | 1[ds]Considering the aforementioned principle expounded in Sarla Verma (supra), which has been affirmed by the Constitution Bench of this Court in National Insurance Company Ltd. Vs. Pranay Sethi and Ors. (AIR 2017 SC 5157 ), the appellants are justified in insisting for applying multiplier 18. | 1 | 1,110 | 57 | ### 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:
A.M. Khanwilkar, J.1. The sole question to be answered in this appeal is: whether the High Court was ri... |
Commissioner of Income Tax, Delhi and Rajasthan Vs. Shri Govind Commercial Company Private Limited | SIKRI J.1. This appeal by special leave is directed against the judgment of the High Court of Rajasthan, rejecting the application under section 66(2) of the Income-tax Act, filed by the appellant. For the assessment for 1958-59, the Income-tax Officer disallowed loss of Rs. 45, 676 incurred by the respondent, M/s. Shr... | 1[ds]We need not express an opinion at this stage on the soundness of the view of the Appellate Tribunal in the present case, or the view taken by the Calcutta High Court in the above unreported case. We are of the opinion that fairly arguable questions of law arise and the High Court should have directed the Appellate... | 1 | 938 | 76 | ### 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:
SIKRI J.1. This appeal by special leave is directed against the judgment of the High Court of Rajasthan... |
Prem Kumar And Another Vs. State Of Bihar | with rifles and all of them started abusing Tarkeshwar Prasad Singh and stated that he should be cut into pieces. Prem Singh and Ramesh Singh stood near the front door of the bus and fired shots with rifles. PW 8 was successful in fleeing away by covering his face with a chadar. He saw that Tarkeshwar Prasad Singh to i... | 0[ds]7. We were taken through the evidence of PWs 1, 2 and 4 (medical witness), PW 5 - independent witness (Forest Guard) and PW 8 - first informant and PW 12. We have also gone through the FIR appearing at pages 51-54 (Paper-Book No. III - Annexure P-10) and also the statement given by the accused in their examination... | 0 | 5,383 | 2,180 | ### 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:
with rifles and all of them started abusing Tarkeshwar Prasad Singh and stated that he should be cut into pieces. Prem Singh... |
Sohan Lal Passi Vs. P. Sesh Reddy and Ors. | on the person insured. If the person who has got the vehicle insured has allowed the vehicle to be driven by a person who is not duly licensed then only that clause shall be attracted. In a case where the person who has got insured the vehicle with the insurance company, has appointed a duly licensed driver and if the ... | 1[ds]8. In the case of Pushpabai Purshottam Udeshi v. Ranjit Ginning and Pressing Co. (P) Ltd. [1977]3SCR372 , it was said:we would like to point out that the recent trend in law is to make the master liable for acts which do not strictly fall within the term in course of the employment as ordinarily understood. We hav... | 1 | 5,612 | 1,937 | ### 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:
on the person insured. If the person who has got the vehicle insured has allowed the vehicle to be driven by... |
ADDL. COMMISSIONER (LEGAL) AND ANOTHER Vs. M/S. JYOTI TRADERS AND ANOTHER | of such year. However, after the amendment, a proviso was added to sub-section (2) under which Commissioner of Sales Tax authorities the assessing authority to make assessment or reassessment after the are of any help in interpreting the provisions of law now before us. In Y. Narayana Chettys case this Court upheld the... | 1[ds]10. There are other amendments in section 21 which were made by subsequent amending Acts but with those we are not concerned.11. As noted above, the proviso to sub-section 2 of section 21 as inserted by the amending Act, 1991 came into force with effect from February 19, 1991.12. High Court had held that sanction ... | 1 | 6,663 | 2,816 | ### 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:
of such year. However, after the amendment, a proviso was added to sub-section (2) under which Commissi... |
Central Dairy Farm Vs. Glindia Ltd. | dated 14.10.1988 in Writ Petition No. 16526 of 1988, the order of the Additional Milk Commissioner as licensing authority was quashed but the statutory power of the state Government to fix price of milk and milk products by notification under Section 15 of the Milk Act was recognised and no fetters were placed on the e... | 0[ds]Those binding directions of the Court could not have been nullified by invoking power of the State of issuing price fixation notification under Section 15 of the Milk Act. The issuance of the impugned notification has rightly been held by the High Court to be an attempt to nullify the directions made by the High C... | 0 | 3,316 | 259 | ### 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:
dated 14.10.1988 in Writ Petition No. 16526 of 1988, the order of the Additional Milk Commissioner as lice... |
Naraindas Vs. Government M.P. & Others | had become necessary to make such postponement. It may be that some of the statements made in the Press Note were not correct - for example, the statement that the State Government has formally prescribed the books prepared by the Text Books Corporation in exercise of the powers vested in it under Section 4 (1) of Act ... | 0[ds]5. The position which, therefore, now obtains is that the Revision Application in which the ex parte interim order was made on 28th March, 1973 and confirmed on 2nd April, 1973 has been disposed of and ex parte order of interim injunction dated 2nd March, 1973 has been vacated. The ex parte order of interim stay m... | 0 | 3,406 | 1,268 | ### 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:
had become necessary to make such postponement. It may be that some of the statements made in the Press... |
LIFE INSURANCE CORPORATION OF INDIA Vs. MANISH GUPTA | before the issuance of the policy. Hence, it is a solemn obligation of the proposer to truthfully fill out the details required by the insurer in the proposal form on the basis of which the insurer takes a decision in regard to the issuance of the policy. Hence, it was urged that the onus was on the insured to provide ... | 1[ds]9. We have adverted to the specific disclosure which was required in the proposal form in regard to whether the proposer had suffered or was suffering from cardiovascular disease. Illustrations of cardiovascular disease are given in entry 6(c) of para E of the proposal form. These are: palpitations, heart attack, ... | 1 | 1,713 | 498 | ### 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:
before the issuance of the policy. Hence, it is a solemn obligation of the proposer to truthfully fill out the details requi... |
Jawaharlal Nehru University Vs. B.S. Narwal | be heard may be implied. But if the assessment is confined to academic performance, a right to be heard may not be so implied. Of course, if there are allegations of bias or malafides different considerations might prevail, but in the absense of allegations of bias or malafides we do not think that the declaration by a... | 1[ds]The case is merely one of assessment of the academic performance of a student which the prescribed authorities of the University are best qualified and the Courts perhaps, are least qualified to judge. Nor can there be any question of any opportunity to be heard being given. One does not hear of a claim to be hear... | 1 | 3,158 | 810 | ### 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:
be heard may be implied. But if the assessment is confined to academic performance, a right to be heard may not be so implie... |
Rameshkumar Agarwal Vs. Rajmala Exports P.Ltd | not the evidence by which they are to be proved. Sub-rule (2) of Rule 2 makes it clear that every pleading shall be divided into paragraphs, numbered consecutively, each allegation being, so far as is convenient, contained in a separate paragraph. Sub-rule (3) of Rule 2 mandates that dates, sums and numbers shall be ex... | 0[ds]11) It is clear that while deciding the application for amendment ordinarily the Court must not refuse bona fide, legitimate, honest and necessary amendments and should never permit mala fide and dishonest amendments. The purpose and object of Order VI Rule 17 of the Code is to allow either party to alter or amend... | 0 | 2,404 | 257 | ### 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:
not the evidence by which they are to be proved. Sub-rule (2) of Rule 2 makes it clear that every ple... |
R. Venkataswami Naidu And Another Vs. Narasram Naraindas | and one scope; a process resulting in more than one interpretation and scope is clearly erroneous. 7. Now when deciding that the covenant did not affect the right of tenants under S. 3 and was, therefore, valid, the learned Judges did not say that a tenant who built in breach of it was not a tenant as contemplated by S... | 1[ds]7. Now when deciding that the covenant did not affect the right of tenants under S. 3 and was, therefore, valid, the learned Judges did not say that a tenant who built in breach of it was not a tenant as contemplated by Section 3 and was not entitled to its benefits; in fact they expressly took a contrary view. Th... | 1 | 2,254 | 802 | ### 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:
and one scope; a process resulting in more than one interpretation and scope is clearly erroneous. 7. Now ... |
State of Nagaland Vs. G. Vasantha | been in service for nearly five years. The counsel finally urged that the respondent being a temporary servant, her services had been terminated under the contract of service and the State Government was entitled to pass such an order. 8. Mr. Lakshmi Narasu, learned counsel appearing for the respondent, in view of the ... | 1[ds]9. In our opinion, the High Court has committed a fundamental error in proceeding on the basis that Article 311 applies to the respondent. The High Court has also committed another serious mistake in proceeding on the basis that the order dated November 10, 1966 of the State Government made the respondent at gover... | 1 | 2,122 | 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:
been in service for nearly five years. The counsel finally urged that the respondent being a temporary servant, her servi... |
Excel Crop Care Limited Vs. Competition Commission of India & Another | practices need to be indicted and suitably punished. It is for this reason that the Act contains penal provisions for penalising such offenders. At the same time, the penalty cannot be disproportionate and it should not lead to shocking results. That is the implication of the doctrine of proportionality which is based ... | 0[ds]Though, the Competition Act is of the year 2002 and was passed by the Legislature on 13th January, 2003, as per the provisions of Section 1(3), the Act was to come into force from the date to be notified by the Central Government in the Official Gazette. Notification was issued by the Central Government wherein 31... | 0 | 23,854 | 5,354 | ### 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:
practices need to be indicted and suitably punished. It is for this reason that the Act contains penal provisions for pen... |
Vijay Vs. Laxman | of the complainant who failed to establish that the cheque in fact had been issued by the respondent towards repayment of personal loan since the complaint was lodged by the complainant without even specifying the date on which the loan was advanced nor the complaint indicates the date of its lodgement as the date colu... | 0[ds]in spite of the admitted signature of the respondent-accused on the cheque, it was not available to the respondent-accused to deny the fact that he had not issued the cheque in favour of the complainant for once the signature on the cheque is admitted and the same had been returned on account of insufficient funds... | 0 | 3,280 | 1,091 | ### 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:
of the complainant who failed to establish that the cheque in fact had been issued by the respondent towar... |
Vandana Bidyut Chaterjee Vs. The Union of India, Through The Secretary, Ministry of Finance, Department of Revenue & Others | the above submission he placed reliance upon the decision of the Supreme Court in the matter of Sha Sukraj Peerajee reported in (1968) Vol. XXI Sales Tax Cases Page 521.8 We have considered the submissions. It is an undisputed position that duty and penalty are arrears of the company. It was the company that was the pe... | 1[ds]8 We have considered the submissions. It is an undisputed position that duty and penalty are arrears of the company. It was the company that was the person engaged in manufacture of goods and registered as manufacturer under Section 6 of the said Act and therefore obliged to pay excise duty. Further under the Act ... | 1 | 3,478 | 1,039 | ### 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 above submission he placed reliance upon the decision of the Supreme Court in the matter of Sha Suk... |
The Commissioner Of Excessprofits Tax, Madras Vs. N. M. Rayaloo Iyer & Sons | year Extra commission received by the assessee. Amount of commission paid by the assessee.Rs. Rs.1945-46 1,28,533 1,00,7151946-47 3,20,391 2,44,6981947-48 3,15,934 1,28,5061948-49 3,70,964 1,75,07921. This distribution out of the emergency commission to the employees has to be viewed in the context of the following cir... | 1[ds]9. In the opinion of the High Court, in computing the taxable income, the deductions claimed by the assessees fell to be considered not under s. 10(2)(xv) of Income-tax Act but properly under S. 10(2)(x) of the Income-tax Act, the latter being a specific provision in the Act relating to deduction of commission or ... | 1 | 5,838 | 1,604 | ### 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:
year Extra commission received by the assessee. Amount of commission paid by the assessee.Rs. Rs.1945-46 1,... |
MAARS SOFTWARE INTERNATIONAL LTD Vs. UNION OF INDIA | against the appellant-Company before the Special Director of Enforcement Mumbai (Adjudicating Authority). 6. The complaint was founded on the material collected during the course of detailed investigation made in the affairs and the dealings of the appellant-Company in their business operations. It was done pursuant to... | 1[ds]17. Having heard the learned counsel for the parties and on perusal of the record of the case, we 7 7are inclined to allow these appeals and while setting aside the impugned order remand the case to the High Court for deciding the appeals afresh on merits in accordance with law.It was, however, brought to our noti... | 1 | 1,315 | 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.
### Input:
against the appellant-Company before the Special Director of Enforcement Mumbai (Adjudicating Authori... |
M.E. SHIVALINGAMURTHY Vs. CENTRAL BUREAU OF INVESTIGATION, BENGALURU | is clear that the provision, as obtained prior to 1960, when the Rules were made, was different. 23. In the aforesaid case, the question came to be decided in a Reference under Section 66 of the Income Tax Act, 1922. One of the questions which fell for decision was the effect of there being no previous sanction of the ... | 0[ds]24. The provisions of Rule 37, which would control destiny of this case, is, as it was obtained in the year 2009. Also could it not be contended that decisions rendered under the Stamp Act may not be relevant to understood the scope of Rule (37) of the Rules. No doubt, there is a case for the appellant that on a n... | 0 | 5,829 | 1,179 | ### 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:
is clear that the provision, as obtained prior to 1960, when the Rules were made, was different. 23. In the aforesaid case... |
U.P.State Industrial Dev.Corpn. Ltd Vs. Monsanto Mfg. (P) Ltd. | transfer in the Companys assets, immovable or otherwise. It is equally not a transfer in fact, since the provisions of the Lease-Deed do not recognise/nor prohibit any such transfer.vii) The Guidelines and in particular Clause 6.01(F) is not applicable in the present case as there has been no "disposal of controlling i... | 1[ds]24. In the present case the entire shareholding of Goyal family headed by Mr. Amar Nath Goyal in the said company was transferred to the Mehta-Lamba Family. The entire list of shareholders, Managing Director and Board of Directors was provided by Monsanto to the appellant-Corporation vide letter dated 7.5.1994. Th... | 1 | 5,285 | 809 | ### 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:
transfer in the Companys assets, immovable or otherwise. It is equally not a transfer in fact, since the provisions of th... |
State of Madras Vs. A.M. Nanjan and Another | acre. On a reference at the instance of the claimants (respondents herein) the Subordinate Judge raised the compensation to Rs. 1800/- per acre. The State as well as the claimants appealed to the High Court against the judgment and decree of the Subordinate Judge. By a common judgment the High Court dismissed t he Stat... | 0[ds]We are unable to accept the submission that the awards in question cannot be taken as safe-guides in the matter of determination of compensation. As a matter of facts these awards given by the Collector are at least relevant material and may be in the nature of admission with regard to the value of the land on beh... | 0 | 1,266 | 218 | ### 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:
acre. On a reference at the instance of the claimants (respondents herein) the Subordinate Judge raised the compensation t... |
M/S. Southern Ispat Ltd Vs. State Of Kerala | made on 17.7.1995. The appellants factory had yet to be constructed and machinery to be transported and installed after the construction of the factory building. Undoubtedly, the application was moved on 17.7.1995 in anticipation. The material on record suggests that there was acute shortage of electricity as a result ... | 0[ds]29. Upon an overall assessment of the facts on record, we are not satisfied that the view taken by the Division Bench of the High Court on facts is so perverse that it requires interference by this Court under Article 136 of the Constitution | 0 | 4,422 | 50 | ### 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:
made on 17.7.1995. The appellants factory had yet to be constructed and machinery to be transported and installed after the... |
Osmanali Chous Vs. New India Assurance Co. Ltd. and Ors | Kurian Joseph, J.1. Leave granted.2. The Appellant approached the Commissioner, Workmens Compensation, Latur, Maharashtra for compensation in which it was held that he lost two toes of his left leg and that there were also burn injuries. The Appellant was a driver. By order dated 09.07.2012 the Commissioner, Workmens C... | 1[ds]4. Be that as it may, we have heard the learned Counsel for the Appellant and learned Counsel for Respondent No. 2, who is the owner of the vehicle. We also gone through the impugned judgment. We find absolutely no discussion as to the basis for reducing the compensation, On the contrary, the High Court has endors... | 1 | 1,003 | 372 | ### 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:
Kurian Joseph, J.1. Leave granted.2. The Appellant approached the Commissioner, Workmens Compensa... |
Indian Oil Corporation Limited Vs. State of Bihar & Another | plea also does not avail the Appellant for the simple reason that there are two taxes which are levied in the present case, one is VAT and the other is Entry Tax. In one case, VAT is set off against the Entry Tax and in another, VAT is not so set off. Any anomaly arising from the aforesaid position would not lead to a ... | 1[ds]13. It will be seen that the tax leviable under the Entry Tax Act shall be paid by every dealer liable to pay tax under the VAT Act. Under Section 3(1) of the VAT Act, all persons who are registered dealers under the Bihar Finance Act, 1981, as it stood before its repeal, are liable to pay tax under the said Act o... | 1 | 9,475 | 2,015 | ### 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:
plea also does not avail the Appellant for the simple reason that there are two taxes which are levied in the present case,... |
Kulsum R. Nadiadwala Vs. State Of Maharashtra | submits that after the Award was made, possession of the lands requires to be taken as provided under Section 16 of the Act. According to learned counsel, in the instant case, the respondents have not taken possession of the lands as envisaged under Section 16 of the Act. Their stand appears to be that since the lands ... | 1[ds]11. In the instant case, the respondents before the High Court had filed their reply affidavit. They did not dispute the contentions of the appellants that they had not issued any public notices as required under Section 4 of the Act. They only reiterated that such notification was published in the Official Gazett... | 1 | 1,726 | 107 | ### 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:
submits that after the Award was made, possession of the lands requires to be taken as provided under Section 16 of the Act.... |
RAJESHWAR MAHTO Vs. ALOK KUMAR GUPTA, G M , BIRLA CORPORATION LTD | Abhay Manohar Sapre, J. 1. We heard Mr. Rajeshwar Mahto-applicant/appellant appeared-in person and also heard Ms. N.Annapoorani, learned counsel appointed by Supreme Court Legal services Committee to assist the applicant in support of his applications. 2. These two aforementioned applications arise out of Civil Appeal ... | 0[ds]7. We have perused the applications carefully with a view to find out as to whether our order dated 23.02.2018 requires any further modification so as to grant to the applicant more than what we have granted already ( Rs.7,50,000/-) .8. Having perused, we find ourselves unable to accept the applicants prayer made ... | 0 | 512 | 224 | ### 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:
Abhay Manohar Sapre, J. 1. We heard Mr. Rajeshwar Mahto-applicant/appellant appeared-in person and also heard Ms. ... |
Bombay Gas Co. Ltd Vs. Gopal Bhiva & Ors | when it directly arises. For the purpose of the present appeal, the only point which we have to consider is : does the fact that for recovery of wages limitation has been prescribed by the Payment of Wages Act, justify the introduction of considerations of limitation in regard to proceedings taken under S. 33C(2) of th... | 0[ds]In our opinion, this contention is well-founded. The proceedings contemplated by S. 33C(2) are in many cases, analogous to execution proceedings and the Labour Court which is called upon to compute in terms of money the benefit claimed by an industrial employee is, in such cases, in the position of an executing co... | 0 | 4,778 | 1,638 | ### 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:
when it directly arises. For the purpose of the present appeal, the only point which we have to conside... |
Surajdeo Ojha and Others Vs. State of Bihar | FAZAL ALI, J. In this appeal by special leave, the appellants have been convicted under Sections 326/34 and 326/149 and have been sentenced to R.I. for seven years as modified by the High Court. They were also convicted under Section 148 and sentenced to three years R.I. We have gone through the judgment of the High Co... | 0[ds]We have ourselves examined the injuries and we find that there was no injury which may have affected the brain or the heart and the only serious injuries are on the abdomen which will not make the deceased unconscious immediately. Moreover, the deceased has also given a short statement which is a proof of the mann... | 0 | 352 | 129 | ### 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:
FAZAL ALI, J. In this appeal by special leave, the appellants have been convicted under Sections 326/34 and ... |
Hawabi Sayed Arif Sayed Hanif Vs. L. Hamingliana | activities." See also Sanjay Kumar Aggarwal v. Union of India, 1990(3) SCC 309 : AIR 1990 SC 1202 .27. In the case on hand the detaining authority was well aware of the fact that the detenu was in jail custody and he was also satisfied that the detenu was likely to continue indulgence in smuggling activities if he was ... | 0[ds]Ground Nos. 1 to 46. It is not in controversy that the detaining authority (first respondent) after reaching his subjective satisfaction on the materials placed before him passed the order of detention onwhich order was served on the detenu onthat is within 3 days from the date of passing of the order while he was... | 0 | 5,679 | 4,113 | ### Instruction:
Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding.
### Input:
activities." See also Sanjay Kumar Aggarwal v. Union of India, 1990(3) SCC 309 : AIR 1990 SC 1202 .27. In the case on hand... |
Vanga Sriniwas Vs. Public Prosecutor, High Court Of A.P | nature. Injury No.1 is caused by nails and injury Nos. 2 and 3 with a blunt object.Internal Injuries:1. Fracture of hyoid bone right corn.2. Fracture of 3,4,5,6,7th ribs on r/s and 4,5,6,7th ribs on the I/s near steno castle junction. Lungs were congested, heart congested and peritoiral cavity contains about 200 cc of ... | 1[ds]Considering the fact that the alleged occurrence took place on 24.01.1997 and the appellant/accused undergone the agony for more than ten years, we are of the view that a sentence of seven years would meet the ends of justice. Accordingly, we modify the conviction and sentence imposed by the High Court; instead th... | 1 | 3,249 | 79 | ### 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:
nature. Injury No.1 is caused by nails and injury Nos. 2 and 3 with a blunt object.Internal Injuries:1.... |
K. L. Varadarajan Vs. The Commissioner Of Income-Tax, Madras | think it should be taken in the context of Section 13 (1) of the Finance Act, 1950, it would include re-assessment made under the provisions of the Act. Such `re-assessment will without doubt come within the expression `levy, assessment and collection of income-tax. In this speech in Commr. for General Purposes of Inco... | 1[ds]6. After hearing the learned counsel for the parties, we are of the opinion that the submission made by Mr. Desai is well founded. The assessee, as mentioned earlier, filed the declaration in the course of assessment proceedings relating to the year 1958-59 on March 24, 1959. Although the above declaration was rej... | 1 | 3,109 | 1,217 | ### 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:
think it should be taken in the context of Section 13 (1) of the Finance Act, 1950, it would include re-assessment made u... |
Commnr. Of Central Excise, Bangalore Vs. M/S Brindavan Beverages (P) Ltd. | and consequently the franchise also started availing the SSI benefit which was not eligible as the investigations revealed that "Citra" was developed and launched by the R & D efforts of PEL and was got registered as a brand name of LFFL. It was alleged that they have deliberately fragmented the manufacture of flavours... | 0[ds]9. We find that in the show cause notice there was nothing specific as to the role of the respondents, if any. The arrangements as alleged have not been shown to be within the knowledge or at the behest or with the connivance of the respondents. Independent arrangements were entered into by the respondents with th... | 0 | 1,687 | 256 | ### 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:
and consequently the franchise also started availing the SSI benefit which was not eligible as the investiga... |
Provat Kumar Mitter Vs. Commissioner Of Income Tax,West Bengal | the question did not arise out of the Tribunals order. We must, therefore, overrule this contention. 7. Now, as to the correctness of the answer given by the High Court. Learned counsel for the appellant has contended that the High Court did not correctly construe the instrument of January 19, 1953, and on a proper con... | 1[ds]7. Now, as to the correctness of the answer given by the High Court. Learned counsel for the appellant has contended that the High Court did not correctly construe the instrument of January 19, 1953, and on a proper construction, the High Court should have held that a right of property in praesenti was assigned in... | 1 | 2,745 | 708 | ### Instruction:
Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction.
### Input:
the question did not arise out of the Tribunals order. We must, therefore, overrule this contention. 7. Now, as to the corre... |
Commissioner Of Income Tax,Delhi-Vi Vs. M/S Oriental Insurance Co. Ltd | India or the public sector undertakings before any court or tribunal so as to save limitation. But, before such filing every endeavour should be made to have the clearance of the High-Powered Committee.7. However, as to what the court or tribunal should do if such judicial remedies are sought before such a court or tri... | 1[ds]6. Accordingly, there should be no bar to the lodgement of an appeal or petition either by the Union of India or the public sector undertakings before any court or tribunal so as to save limitation. But, before such filing every endeavour should be made to have the clearance of the High-Powered Committee.7. Howeve... | 1 | 1,578 | 939 | ### 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:
India or the public sector undertakings before any court or tribunal so as to save limitation. But, before such f... |
Colonel His Highness Sawai Tej Singhji, Maharaja of Alwar Vs. Union of India and Another | given after that date under clause 3 of Article XI of the Matsya Covenant and that the only surviving provision und er which disputes regarding property owned by the plaintiff could be determined after the 15th of May 1949, was Article XII of the Rajasthan Covenant. It is true that the expression "new Covenanting State... | 0[ds]9. It is no doubt true that the plaintiff had furnished the inventory of the properties held by him in accordance with Article XI of the Matsya Covenant as is stated in the opening paragraph of the letter dated the 14th of September 1949. It further cannot bethat the third column of the inventory to that letter wa... | 0 | 4,759 | 892 | ### 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:
given after that date under clause 3 of Article XI of the Matsya Covenant and that the only surviving... |
RAMA NEGI Vs. UNION OF INDIA & ORS | take the penalty into consideration when it is imposed at a later date because of the pendency of the proceedings, although it is for conduct prior to the date the authority considers the promotion. … 20. On the same aspect, Justice Kuldip Singh, also held for a Division Bench in Jagathigowda C.N. v. Chairman, Cauvery ... | 1[ds]17. The Rule 5-B (8) read with Annexure E of the Rules makes it clear that the post of Office Superintendent is a selection post and the criterion for promotion is seniority-cum-merit. The parameters for determining promotion based on such criterion are well established by this Court. Justice S.C. Agrawal in B.V. ... | 1 | 4,232 | 1,930 | ### 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:
take the penalty into consideration when it is imposed at a later date because of the pendency of the proceed... |
State of Karnataka and Another Vs. Bangalore Soft Drinks Private Limited | as the assessing and the appellate authority having forgotten about dual role of the revision petitioner, one as that of a seller of the goods and the other as that of a carrier of the goods having collected the freight charges separately from the buyer, have fallen into a serious error in including the freight charges... | 1[ds]10. In view of our finding that transport of the goods from the factory to the place of the buyer was done or undertaken by the revision petitioner in his capacity as a transporter or a carrier agent of the buyer and the said transportation having been made for and on behalf of the buyer, it has to be construed th... | 1 | 2,998 | 232 | ### 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:
as the assessing and the appellate authority having forgotten about dual role of the revision petitioner, one as ... |
Manohar Lal Ganeriwal & Others Vs. Bhuri Bai & Others | 21, Rule 63. The only question that arises for decision in this appeal is whether the suit property is "separate property" within the meaning of Section 3(1) of the Hindu Womens Rights to Property Act, 1937 (to be hereinafter referred to as the Act). 2. The facts as found by the High Court, which are no more in dispute... | 0[ds]4. The Act came into force in 1937. Rameshwar Lall died as seen earlier in 1933 or 1934. Section 4 of the Act makes it clear that the Act is not to operate retrospectively. Hence Jaidei cannot claim any right to the suit property through her husband who had died long before the Act came into force6. Jaidei can hav... | 0 | 1,170 | 475 | ### 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:
21, Rule 63. The only question that arises for decision in this appeal is whether the suit property is "separate property"... |
Paradip Port Trust, Paradip Vs. Their Workmen | represent their cases before the Tribunal. It is submitted that since such injustice or hardship cannot be intended by law the final word with regard to representation by legal practitioners before the Tribunal should rest with the Tribunal and this will be effectively implemented if the word "and" in section 36(4) is ... | 0[ds]We do not fail to see some difference in language in section 30(ii) from the provision in section 14(1) (b) ofthe Indian Bar Councils Act, 1926, relating to the right of advocates to appear before courts and tribunals. For example, under section 14(1) (b) of the Bar Councils Act, an advocate shall be entitled as o... | 0 | 5,632 | 615 | ### 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:
represent their cases before the Tribunal. It is submitted that since such injustice or hardship cannot be intend... |
Income Tax Officer Vs. Dharam Narain | 1. Leave granted. By the impugned order, the High Court has quashed the notice dt. 16th Oct., 2006 issued Under Section 143(2) of the Indian (sic-Income)-tax Act, 1961 to the Respondent-Assessee by allowing the writ petition filed by the said Assessee. Aggrieved, the Revenue is in appeal before this Court.2. Admittedly... | 1[ds]3. It will not be necessary for us to decide the aforesaid question in the present case which is being kept open for decision in an appropriate case. We have taken the aforesaid view as the present case is capable of being resolved on its own peculiar facts4. The non-availability of the Respondent-Assessee to rece... | 1 | 408 | 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:
1. Leave granted. By the impugned order, the High Court has quashed the notice dt. 16th Oct., 2006 issued Under Section 14... |
Sri Navneetheswaraswami Devasthanam Vs. State of Madras | Mathew, J.1. The appellant, Sri Navneetheswaraswami Devasthanam in Tanjore District, Tamil Nadu is a religious trust of a public nature. It filed a writ petition praying for issue of a writ in the nature of certiorari quashing the notification made by the State of Madras in G. O. Ms. 2561-Revenue dated 1-9-1965 publish... | 0[ds]7. It would follow that the provision of that Act fixing the ceiling on ownership of land was not applicable to the appellant. It was only if the ceiling provision of that Act was applicable to the appellant that the second proviso to Article(1) would be attracted. So, even if the appellant was in personal cultiva... | 0 | 959 | 132 | ### 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:
Mathew, J.1. The appellant, Sri Navneetheswaraswami Devasthanam in Tanjore District, Tamil Nadu is a ... |
Hindustan Ciba Geigy Vs. Union of India & Others | goods or service is since qua non for initiation of a proceeding thereunder. 2. One H.D. Murzello made a complaint before the Director General of Investigation and Registration alleging unfair trade practice against the appellant herein as regards an advertisement issued by them which appeared in "The Times of India" d... | 1[ds]6. A bare perusal of the aforementioned provision would clearly go to show that an unfair trade practice would mean a trade practice which for the purpose of promoting the sale, use or supply of any goods or for the provision of any services, adopts one or more of the practices specified therein adopted and as a r... | 1 | 1,199 | 232 | ### 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:
goods or service is since qua non for initiation of a proceeding thereunder. 2. One H.D. Murzello made a complaint before... |
M/S. B. HIMMATLAL AGRAWAL PARTNER Vs. COMPETITION COMMISSION OF INDIA and Others | without further reference to the Bench. In view of the order aforesaid dated 4 th December, 2017, both the IA No.84/2017 and Competition Appeal (AT) No. 24/2017 stands disposed off for non-compliance of the Appellate Tribunal.?5. A pure legal submission which is advanced by the learned counsel for the appellant is that... | 1[ds]5. A pure legal submission which is advanced by the learned counsel for the appellant is that even if the appellant could not comply with orders dated December 4, 2017 vide which conditional stay was granted directing the appellant to deposit 10% of the penalty amount, the maximum effect thereof was to vacate the ... | 1 | 1,989 | 578 | ### 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:
without further reference to the Bench. In view of the order aforesaid dated 4 th December, 2017, both the IA No.... |
Gulf Goans Hotels Co. Ltd. Vs. Union Of India | made by the President or the Governor, as the case may be [Articles 77(2) and 166(2)]. In other words, unless an order is expressed in the name of the President or the Governor and is authenticated in the manner prescribed by the rules, the same cannot be treated as an order on behalf of the Government.” [Para 23]“A no... | 1[ds]In the present case, the exercise of executive power is traceable to Entry 13 and 14 of List I of the Seventh Schedule to the Constitution. The power to give effect to the guidelines and to penalize violators thereof may not have been available at the time when the guidelines became effective. However, with the en... | 1 | 5,942 | 2,144 | ### 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:
made by the President or the Governor, as the case may be [Articles 77(2) and 166(2)]. In other words, unless an order is ... |
Dalhousie Investment Trust Company Limited Vs. Commissioner of Income Tax (Central), Calcutta | accepted on 16th October, 1952, about five months after the sale of the shares. There is no evidence to show that, as a result of this sale, the control in the McLeod and Co. group of companies passed to the Bajoria group, though M/s. C. L. Bajoria and Baijnath Jalan did subsequently join the Directorate of McLeod and ... | 0[ds]4. It appears to us that the facts and circumstances in this case can lead to no other conclusion,except that these shares were purchased and sold by the assessee with the motive of earning a profit by such purchases and sales and not with the object of investing its capital in these shares in order to derive inco... | 0 | 2,993 | 1,567 | ### 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:
accepted on 16th October, 1952, about five months after the sale of the shares. There is no evidence ... |
ADJUDICATING OFFICER SECURITIES AND EXCHANGE BOARD OF INDIA Vs. BHAVESH PABARI | Shree Radhe Vs. The Adjudicating Officer, SEBI)C.A. No. 9799 of 2014 (Hemant Sheth Vs. The Adjudicating Officer, SEBI) 15. These appeals arise from a common order dated 10 th September, 2013 passed by the Securities Appellate Tribunal, Mumbai, ( “Appellate Tribunal” for short), on appeals preferred by Mr. Bhavesh Pabar... | 0[ds]6. Insofar as the second question is concerned, if the penalty provisions are to be understood as not admitting of any exception or discretion and the penalty as prescribed in Section 15¬A to Section 15-HA of the SEBI Act is to be mandatorily imposed in case of default/failure, Section 15¬J of the SEBI Act would s... | 0 | 4,221 | 4,190 | ### 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:
Shree Radhe Vs. The Adjudicating Officer, SEBI)C.A. No. 9799 of 2014 (Hemant Sheth Vs. The Adjudicating... |
Commissioner Of Income-Tax, Bangalore Vs. Shah Mohandas Sadhuram | the adult partner and the minor and to all intents and purposes, the minor was a full partner, even though under the partnership law he could only be admitted to the benefit of the partnership and not as a partner."9. Does this deed then make the minors full partners or does it only confer benefits of partnership on th... | 0[ds]10. It follows from the above discussion that as along as a partnership deed does not make a minor full partner a partnership deed cannot be regarded as invalid on the ground that a guardian has purported to contract on behalf of a minor if the contract is for the purposes mentioned above.11. Let us then examine t... | 0 | 2,701 | 614 | ### Instruction:
Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation.
### Input:
the adult partner and the minor and to all intents and purposes, the minor was a full partner, even though u... |
Shubh Shanti Services Ltd Vs. Manjula S. Agarwalla | the flat at Blue Heaven Cooperative Society is given to them. Admittedly the flat at Sonmarg belongs to the Company. Shri S.C. Aggarwalla, husband of Respondent No.1 and father of Respondent No.2 was the ex employee of the Company. He expired when he was in the employment of the company and respondents 1 and 2 were res... | 1[ds]In our opinion the decision of the High Court that Section 630 of the Companies Act being penal in nature, the proceeding thereunder cannot be construed to be a proceeding taken in due process of law, cannot beof civil suit for possession by the Company does not deprive the Company of the right to institute prosec... | 1 | 6,136 | 775 | ### 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 flat at Blue Heaven Cooperative Society is given to them. Admittedly the flat at Sonmarg belongs to the Company. Shri... |
ALI HUSSAIN (D) THR. LRS Vs. RABIYA | power of attorney is not executed by her?2. Whether burden/onus of proof lies on the transferee when transferor totally denies execution of the deed by himself? If so, its effect?7. The High Court after hearing the parties proceeded on the premise that the plaintiff-first respondent was the pardanasheen illiterate lady... | 1[ds]12. We have heard learned counsel for the parties and with their assistance perused the material available on record.13. The plaintiff-first respondent filed a Suit No. 155 of 1996 before the Civil Judge (J.D.), Roorkee. A copy of the plaint has been placed on record (Annexure P/1). On perusal of the plaint, it re... | 1 | 1,793 | 410 | ### 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:
power of attorney is not executed by her?2. Whether burden/onus of proof lies on the transferee when tr... |
State of Maharashtra Vs. Purushottam Dashrath Borate & Another | where he had kept the articles of deceased on 3/11/2007 itself, there was no reason why he would wait for a period of one day i.e. till 4/11/2007 to show where the said dupatta was kept. Secondly, it has been contended that the said dupatta was recovered from the open space which was accessible to the public. Both thes... | 1[ds]The learned Counselhas urged that an opportunity was not given to the accused of being heard and, as a result, they were deprived of their right of free and fair trial.In our view, the said submission cannot be accepted. It is a matter of record that advocate Mr Kawchale who was engaged by the accused has effectiv... | 1 | 34,003 | 6,260 | ### Instruction:
Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case.
### Input:
where he had kept the articles of deceased on 3/11/2007 itself, there was no reason why he would wait for a ... |
M/S PRRSAAR THROUGH ITS PROPRIETOR VED PRAKASH GUPTA Vs. NATIONAL STOCK EXCHANGE OF INDIA LTD | 1. Appeal admitted.2. Heard learned counsel for the parties.3. This appeal takes exception to the order dated 20.02.2017 passed by the Securities Appellate Tribunal at Mumbai in Misc. Application No.49 of 2017 and in Appeal No.53 of 2017, whereby the Appellate Tribunal rejected the appeal preferred against the order da... | 1[ds]7. After considering the rival submissions, it is noticed that the appellant had specifically raised the issue about the appropriateness of the order suspending the trading membership of the appellant and also regarding the quantum of penalty imposed by the appropriate authority. That can be discerned from the con... | 1 | 829 | 271 | ### 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:
1. Appeal admitted.2. Heard learned counsel for the parties.3. This appeal takes exception to the order dated 20.... |
Iridium India Telecom Ltd Vs. Motorola Incorporated & Others | of some relevance to the issue under consideration. In this case, the House of Lords examined the duty of those who issued a prospectus inviting investments from the general public and held that they were required to make a true and full disclosure of all the relevant facts. The House of Lords quoted with approval the ... | 1[ds]32. The contours within which the High Court would exercise its jurisdiction to quash the criminal proceeding has been dilated upon, and well defined by this Court in a catena of judgments. We may make a reference here only to a few representative cases. In the case of Smt. Nagawwa Vs. Veeranna Supra considering t... | 1 | 14,487 | 2,481 | ### Instruction:
Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding.
### Input:
of some relevance to the issue under consideration. In this case, the House of Lords examined the duty of those w... |
Food Corporation of India and Ors Vs. West Bengal FCI Workmens Union | 1. Heard.2. Perused the record.3. The order dated 08.03.2001 was passed by learned single judge of the High Court of Calcutta in C.R. No. 5489 (W) of 1991, in the operative portion of which the following order was passed:Considering the facts and circumstances, I feel that for the ends of justice time should be given t... | 0[ds]7. The operation of the judgment was stayed by this Court on 12.11.2007 as to how the Respondents have not been able to get the benefits so far. We find that when once the order passed by the single judge in appeal dated 8th March, 2001 has attained finality it was required to be complied with in pith and substanc... | 0 | 559 | 109 | ### 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. Heard.2. Perused the record.3. The order dated 08.03.2001 was passed by learned single judge of the High Court of Calcu... |
Anita Maria Dias and Ors Vs. The State of Maharashtra and Ors | State of Punjab and Anr. (2012) 10 SCC 303. We may also quote the following passage from the case of Narinder Singh and Ors. v. State of Punjab and Anr. (2014) 6 SCC 466 : 29. In view of the aforesaid discussion, we sum up and lay down the following principles by which the High Court would be guided in giving adequate ... | 1[ds]7. In a case like this, where the proceedings are still at initial and nascent stage, the High Court should have exercised its discretion in quashing the proceedings. Law in this behalf is well settled by catena of judgments of this Court including Parbatbhai Aahir and Ors. v. State of Gujarat and Anr. (2017) 9 SC... | 1 | 2,390 | 1,138 | ### 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:
State of Punjab and Anr. (2012) 10 SCC 303. We may also quote the following passage from the case of ... |
Shankar Madhoji Nemade Vs. Chisuji Janaji Bhadke & Ors | having been duly complied with, Section 132 (2) of the Bombay Act stands attracted. The counsel pointed out that Sec. 132 deals with repeals and savings. Sub-section (1) had repealed the enactments specified in Schedule I to the extent specified in column No. 4 of the said Schedule. Schedule I shows that the Berar Act ... | 1[ds]9. From the facts in that case it will be seen that the material statements made in the special leave petition were false.We have given due consideration to all these aspects presented before us by both the learned counsel and we are of the view that in the particular circumstances of this case it cannot be said t... | 1 | 2,743 | 1,351 | ### 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:
having been duly complied with, Section 132 (2) of the Bombay Act stands attracted. The counsel p... |
S.L. Kirloskar & Others Vs. Union of India & Others | jurisdiction to serve show cause notice upon the petitioners as the petitioners are neither manufacturers nor producers of excisable goods cleared from the factory between January 1, 1981 and November 30, 1985. The learned Counsel urged that the notice is issued on the assumption that the Directors and the Executives o... | 1[ds]The expression `manufacturer as defined under the Act makes the Company liable for payment of excise duty and the Company being a legal entity, the liability of the Company cannot be foisted on the Directors of the Company. Under the Companies Act, the affairs of the Company and the ultimate control of the Company... | 1 | 1,495 | 479 | ### 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:
jurisdiction to serve show cause notice upon the petitioners as the petitioners are neither manufacturers nor pro... |
THE STATE OF HARYANA Vs. SUNDER LAL | only an offer on behalf of the State. If compensation was accepted without protest, it binds such party but subject to Section 28-A. Possession of the acquired land would be taken only by way of a memorandum, Panchnama, which is a legally accepted norm. It would not be possible to take any physical possession. Therefor... | 1[ds]8. The drawing of panchnama of taking over of possession is not disputed. However, it was submitted that since there were two rooms, possession could not have been taken over in the manner in which it is stated in the aforesaid panchnama.9. It is a settled proposition of law that when the State acquires the large ... | 1 | 3,509 | 539 | ### 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:
only an offer on behalf of the State. If compensation was accepted without protest, it binds such party but ... |
Greaves Cotton Limited Vs. United Machinery And Appliances | Section 8 (1), provision has been made to the effect that the party intending to go in for arbitration must do so in his "first statement on the substance of the dispute" and not later than that. In other words, only if in the first statement on the substance of the dispute he does not make such prayer that he is debar... | 1[ds]12. In view of the law laid down by this Court, as above, we find it difficult to agree with the High Court that in the present case merely moving an application seeking further time of eight weeks to file the written statement would amount to making first statement on the substance of the dispute. In our opinion,... | 1 | 2,087 | 339 | ### 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:
Section 8 (1), provision has been made to the effect that the party intending to go in for arbitration must do so... |
New India Assurance Co. Ltd Vs. Harshadbhai Amrutbhai Modhiya | do not strictly arise out of the mandatory provisions of any statute. Contracting out, as regards payment of interest by an employer, therefore, is not prohibited in law. 9. In Ved Prakash Garg (supra), this Court undoubtedly held that in terms of the contract of insurance entered into by and between the employer and t... | 1[ds]We are, in this case, not concerned with a case where an accident has occurred by use of a motor vehicle in respect whereof the contract of insurance would be governed by the provisions of the Motor Vehicle Act, 1988 | 1 | 2,216 | 47 | ### 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:
do not strictly arise out of the mandatory provisions of any statute. Contracting out, as regards payment of inter... |
Commnr. Of Central Excise, Aurangabad Vs. M/S.Goodyear South Asia Tyres P. L.&Ors | per cent of the share capital. But we fail to see how it can be said that a limited company has any interest, direct or indirect, in the business carried on by one of its shareholders, even though the shareholding of such shareholder may be 50 per cent. Secondly, Atul Products Limited is a wholesale buyer of the dyes m... | 0[ds]We thus, do not find any fault or error in the impugned judgment. These appeals are, accordingly,from the above, it would be significant to mention that after taking over of the assessee company by Goodyear, more than 70 per cent of the sales by the assessee company are to the third parties. That apart, there was ... | 0 | 2,962 | 331 | ### 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:
per cent of the share capital. But we fail to see how it can be said that a limited company has any interest, direct or ind... |
Director of Income Tax (International Taxation) Vs. May & Baker Limited | the assets were required and no indexation is to be allowed separately.""2. The said long term capital gain of Rs.1,42,85,91,065/was taxed@ 10% as per provisions to section 112(1). However, as per the provisions of section 112(1)(c)(ii), the amount of income-tax calculated on such long term capital gains should be at t... | 0[ds]5. From the aforesaid reasons, it is clear that the only reason for reopening the assessment was that under Section 112(1)(c)(ii) of the Act, the longare liable to be taxed at twenty percent, where as, in the present case, the tax has been levied under Section 112 at ten per cent.Thus, under Section 112 of the Act... | 0 | 1,583 | 436 | ### 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:
the assets were required and no indexation is to be allowed separately.""2. The said long term ca... |
Sirsilk Ltd. and Ors Vs. Textiles Committee and Ors | pay and allowances of the officers and other employees of the Committee and for carrying out the purposes of the Act. The following is the table showing the fees realisable, fees actually realised and the total expenditure of the Inspectorate during the period from April 1, 1965 to March 31, 1971: 34. On these facts, t... | 0[ds]19. As to the first contention that the rayon yarn and nylon yarn manufactured by the appellants and the petitioners were filaments and not fibres and therefore did not fall within the ambit of the definition of textiles in Section 2(g) of the Act prior to its amendment, Shri Khaitan who first argued the case of S... | 0 | 11,708 | 3,645 | ### 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:
pay and allowances of the officers and other employees of the Committee and for carrying out the purposes of... |
Bindeshwari Chaudhary Vs. State of Bihar & Others | writ petition, another show cause notice dated 17.06.1998 (Annexure-P18) was issued against the appellant under Rule 43 (b) read with Rule 139 of Bihar Pension Rules, as to why the pension benefits be not decided at zero. The High Court, vide its order dated 04.12.1998, dismissed the writ petition. Aggrieved by said or... | 1[ds]10. We have considered the submissions of learned counsel for the parties. The first charge sheet was admittedly served on the appellant on 13.06.1991, which was revoked consequent to order dated 10.10.1991, passed by the High Court in C.W.J.C. No. 4439 of 1991, whereby the suspension order issued against the appe... | 1 | 2,156 | 457 | ### 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:
writ petition, another show cause notice dated 17.06.1998 (Annexure-P18) was issued against the appella... |
THE STATE OF UTTAR PRADESH Vs. SUDARSHANA CHATTERJEE | by contending that the respondent has abandoned the service of the appellants. The learned counsel further submitted that in CIMS, Regular Pension Scheme ceased to operate from 2004 and any employee who joined the service after 01.01.2004 was not entitled for Old Pension Scheme. It was submitted that since the responde... | 1[ds]16. The High Court, with due respect, in our view, did not keep in view that even though the respondent?s leave application dated 30.04.2004 was pending consideration, the respondent on her own went and joined CIMS on 15.06.2004 and this has been suppressed by the respondent. It is also pertinent to note that afte... | 1 | 3,417 | 731 | ### 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:
by contending that the respondent has abandoned the service of the appellants. The learned counsel furt... |
The Commissioner Of Income-Tax, West Bengal,Ii Calcutta Vs. M/S. Naga Hills Tea Co. Ltd | was referred to the High Court. As mentioned earlier, the High Court has answered that question in favour of the assessee.5. We may now read the relevant provisions of the Finance Act, 1959. They are found in Paragraph D of Part II of the First Schedule to the Finance Act, 1959 and are as under:"In the case of the Life... | 0[ds]In our opinion, all that provision provides for is that i! there is any unabsorbed reduction of rebate in the assessment year 1958-59, then that can be taken into consideration while allowing rebate in the assessment year 1959-60.We are unable to read into the provision in question a power to the Revenue to take i... | 0 | 1,718 | 243 | ### Instruction:
Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document.
### Input:
was referred to the High Court. As mentioned earlier, the High Court has answered that question i... |
Kiran Gems Private Limited Vs. Union of India and Others | is not a government company 48. It is well settled principle of interpretation that statutory rules must be construed in harmony with the rule making power, in exercise of which, the statutory rule has been made. If it were possible to interpret the statutory rule in more ways than one, the Courts would prefer that int... | 1[ds]11.1. The above-mentioned section is applicable, where the assessee is not maintaining the books of account properly to ascertain the liability of service tax. To determine the correct tax, books will have to be examined and if need be, audited by a qualified Chartered Accountant.11.2. It may be mentioned that the... | 1 | 9,478 | 2,496 | ### 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 not a government company 48. It is well settled principle of interpretation that statutory rul... |
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