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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KIRAN PAL SINGH Vs. THE STATE OF UTTAR PRADESH | High Court. It was contended that during the pendency of the 1st notice, the 2nd notice could not have been issued. There was no assertion that the meeting was convened pursuant to the 1st notice in the manner in which the statute provides for the same. The words not carried out as aforesaid are of immense significance... | 0[ds]13. Sub-section (12) of Section 15 deals with the situation when a motion is not carried as contemplated by the aforesaid sub-sections of Section 15.14. The aforesaid provision is absolutely clear and unambiguous. The conditions precedent for stipulation of the period of one year after the expiration from the date... | 0 | 4,120 | 1,004 | ### 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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High Court. It was contended that during the pendency of the 1st notice, the 2nd notice could not hav... |
Gulshera Khanam Vs. Aftab Ahmad | first appeal. Where the High Court is required to be satisfied that the decision is according to law, it may examine whether the order impugned before it suffers from procedural illegality or irregularity.”34) Coming now to the facts of this case, keeping in view the principle of law laid down in the aforementioned cas... | 1[ds]30) Dr. Naheed Parveen being the daughter, accordingly, received her share and became co-owner of the building along with other co-sharers. Being a co-owner, she got a legal right of residence in the building as provided under Section 3(g) of the Act. In this way, she fulfilled the definition ofunder Section 3 (g)... | 1 | 4,201 | 841 | ### 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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first appeal. Where the High Court is required to be satisfied that the decision is according to law, it may examine wheth... |
Bilt Graphic Paper Products Vs. The State of Mah & Others | Pepsico Industries. There were also other contentions. There was an argument that there was a continuing liability to pay increased rate from the year 2001 itself, and it was not paid in spite of representations. There was also an argument that the enhancement as per the Circular dated 25th October, 2001 [by ten times]... | 0[ds]We agree with the submission made on behalf of Govt., and VIDC that 1976 Act is not applicable because it is not the canal water, but it is the Wardha river water.There is a broader meaning of canal given in 1976 Act than that was given in 1931 Act.However, there are two conditions prior to including river under c... | 0 | 4,472 | 1,132 | ### Instruction:
Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation.
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Pepsico Industries. There were also other contentions. There was an argument that there was a continuing lia... |
Hindustan Zinc Ltd Vs. Bhagwan Singh Bhati | Dr. Arijit Pasayat, J 1. Challenge in these appeals is to the order passed by a Division Bench of the Rajasthan High Court dismissing the Civil Special Appeals filed by the appellant. The appeals were directed against the order of learned Single Judge dated 25.10.1999. 2. The respondents had filed the writ petitions se... | 1[ds]It appears that various points urged by the appellant have not been taken note of; more particularly the stand that the document relied upon i.e. the purported agreement was a fabricated one and there was an insertion unauthorizedly by manipulation. It is to be noted that the factual scenario of the order on which... | 1 | 775 | 188 | ### 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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Dr. Arijit Pasayat, J 1. Challenge in these appeals is to the order passed by a Division Bench of the Rajasthan High Court... |
International Finance Corpn & Another Vs. Bihar State Industrial Developmetn Corpn & Others | BSIDC in the Company. The operative portion of the order of BIFR did not in any way affect BSIDC at all. Nevertheless, about four months after the filing of the writ petition the interim order which has been impugned before us was passed by the High Court of Patna for no ostensible reason except that anything done in h... | 1[ds]We are of the view that repeated interference in the proceedings of BIFR has benefited nobody except the persons who continue in the management of the Company. The secured creditors have certainly been deprived of their normal rights to recover their dues by reason of the provisions of the Sick Industrial Companie... | 1 | 2,592 | 888 | ### 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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BSIDC in the Company. The operative portion of the order of BIFR did not in any way affect BSIDC at all. Nevertheless, abo... |
Moti Ram Vs. Param Dev & Another | to be effective. It would, therefore, appear that the act of relinquishment of the office of Chairman of the Board is unilateral in character an d the resignation from the said office takes effect when it is communicated without any further action being required to be taken on the same. Since the Chairman of the Board ... | 0[ds]The instant case falls in the third category because Shri Karam Singh, by his letter dated January 31, 1990, resigned from the office of member as well as the office of Chairman of the Board and wanted the resignation to be accepted with effect from the same day, i.e., January 31, 1990. By notification dated Febru... | 0 | 6,065 | 437 | ### Instruction:
Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences.
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to be effective. It would, therefore, appear that the act of relinquishment of the office of Chairman of the Board is unil... |
Sharda Associates Vs. United India Insurance Company Ltd | or attached thereto except for loss or damage arising directly from fire, explosion selfignition or lightening or burglary housebreaking or theft. b) Under Section II except so far as is necessary to meet the requirements of the Motor Vehicles Act, 1988, in respect of liability incurred by the insured arising out of th... | 1[ds]10. It is important to note that clause 1 of the insurance policy, which has been extracted earlier, specifically covers a loss or damage which arises as a consequence of a landslide. IMT 47 applies to a situation where the loss or damage has been caused due to overturning arising out of the operation as a tool of... | 1 | 2,502 | 585 | ### 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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or attached thereto except for loss or damage arising directly from fire, explosion selfignition or lig... |
NARENDRA KUMAR TIWARI Vs. THE STATE OF JHARKHAND | and continuing with them indefinitely. In fact, in paragraph 49 of the Report, it was pointed out that the rule of law requires appointments to be made in a constitutional manner and the State cannot be permitted to perpetuate an irregularity in the matter of public employment which would adversely affect those who cou... | 1[ds]5. Having heard learned counsel for the parties and having considered the decision of the Constitution Bench in Umadevi (3) as well as the subsequent decision of this Court explaining Umadevi (3) in State of Karnataka and Ors. v. M.L. Kesari and Ors., we are of the view that the High Court has erred in taking an i... | 1 | 1,649 | 552 | ### Instruction:
First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document.
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and continuing with them indefinitely. In fact, in paragraph 49 of the Report, it was pointed out that the rule of law requ... |
BAJAJ AUTO LIMITED Vs. UNION OF INDIA | was made clear that in respect of all the three taxes, the surcharge collected along with the tax will bear the same character of respective taxes to which surcharge was appended and was to be governed by the respective enactments under which education cess in the form of surcharge is levied and collected. 16. Apparent... | 1[ds]12. The controversy before us is now in a narrow compass, on account of the subsequent judicial pronouncement in SRD Nutrients Pvt. Ltd. v. Commissioner of Central Excise, Guwahati (2018) 1 SCC. The issue of the Education Cess and the Secondary & Higher Education Cess, in our view, is covered against the Departmen... | 1 | 3,603 | 1,148 | ### 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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was made clear that in respect of all the three taxes, the surcharge collected along with the tax will bear t... |
Bachan Singh and Others Vs. State of Punjab and Others | 1 and 2 who were the contractors, cut 4400 marked trees within that period which expired on April 15, 1978. As the felling of all the marked trees could not be completed within this very short period specified in the permit, the petitioners applied for extension of time, but received no reply.13. Certain documents from... | 1[ds]Without giving any finding on the questions raised or the reliefs sought in the writ petition, we think, that important questions of law had been raised in this case which could properly be determined by the High Court in the exercise of its special jurisdiction under Article 226 of the Constitution.20. It was, th... | 1 | 2,223 | 82 | ### 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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1 and 2 who were the contractors, cut 4400 marked trees within that period which expired on April 15, 1978. ... |
RAMESH SANKA Vs. UNION OF INDIA | No.12 – Company, through their Directors and employees has committed several financial irregularities in their business and financial dealing with many Companies, firms and individuals who are having their work places in India and abroad contrary to and in contravention of the provisions of Several Acts/ Rules / Regula... | 0[ds]15. Having heard the learned counsel for the parties and keeping in view the law laid down by this Court in the cases reported in State of Uttaranchal vs. Balwant Singh Chaufal & Ors. [2010(3) SCC 402], K.D. Sharma vs. Steel Authority of India Ltd. & Ors. [2008(12) SCC 481 and lastly inArun Kumar Agrawalvs.Union o... | 0 | 1,342 | 505 | ### 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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No.12 – Company, through their Directors and employees has committed several financial irregularities in th... |
State of Kerala Vs. Goverdhan Hathibhai and Company | an agent. It, therefore, remanded the case to the Appellate Tribunal to determine the terms of the licence and whether the respondent had sold the kerosene in accordance with the terms of the licence.8. In this appeal counsel for both sides canvassed the question of the construction of the agreement. Learned counsel fo... | 1[ds]It must be conceded that the question is of difficulty and there is a lot to be said in favour of each of the contending views. It seems to us, however, that it is unnecessary in the present case to decide that question for even if we accept the view for which the respondent contends, it would not be entitled to e... | 1 | 1,994 | 512 | ### 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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an agent. It, therefore, remanded the case to the Appellate Tribunal to determine the terms of the licence a... |
Chief Comnissioner, Delhi And Ors Vs. Chadha Motor Transport Co | issued a notification under S. 68 (2) (ww) of the Motor Vehicles Act, 1939. Under this notification, the respondent and other agents engaged in the business of collecting forwarding and distributing goods carried by public carriers are required to take out licences. The respondent filed a writ petition in the Punjab Hi... | 1[ds]3. The High Court held that as the rules framed under S. 68 can be made only for the purpose of carrying into effect the provisions of Chap. IV, such rules must relate to a substantive provision of law in the chapter. As there was no substantive provision in Chap. IV requiring agents in the business of collecting,... | 1 | 1,149 | 781 | ### 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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issued a notification under S. 68 (2) (ww) of the Motor Vehicles Act, 1939. Under this notification, ... |
New India Assurance Company Ltd Vs. Afroz Bi | Arijit Pasayat, J. 1. Leave granted. 2. Challenge in these appeals is to the orders passed by the Division Bench of the Madhya Pradesh High Court, Indore Bench in Miscellaneous Appeal No. 473 of 1997 which was disposed of on 14.7.2004 and MCC No. 597 of 2004 filed for reviewing the said order which was rejected by orde... | 1[ds]It appears that the High Court has not taken note of the basic issue involved so far as the present appellant is concerned. Its specific stand was that even the cheque which was issued and subsequently dishonored related to the period from 7.11.1992 to 6.11.1993. The period obviously was subsequent to the date of ... | 1 | 811 | 195 | ### Instruction:
Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document.
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Arijit Pasayat, J. 1. Leave granted. 2. Challenge in these appeals is to the orders passed by the Divis... |
M.P. RAJYA TILHAN UTPADAK SAHAKARI SANGH MARYADIT, PACHAMA, DISTRICT SEHORE AND OTHERS Vs. M/S. MODI TRANSPORT SERVICE | examination or adjustment) of the Code. For submission to arbitration, there must be an arbitration agreement or an agreement in terms of Section 21 of the Act that the difference or dispute between the parties for which they intend to be determined in a quasi-judicial manner. Commissioners are appointed by the court. ... | 1[ds]16. Interpreting Section 21 of the Act, a Full Bench of the Punjab and Haryana High Court in Firm Khetu Ram Bashamber Dass v. Kashmiri Lal 1959 SCC OnLine Punj 102 has held:Thus, before any matter involved in a suit pending in a Court can be referred to arbitration (a) there must be an agreement amongst all the pa... | 1 | 8,364 | 3,465 | ### 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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examination or adjustment) of the Code. For submission to arbitration, there must be an arbitrati... |
M/S Palam Gas Service Vs. Commissioner Of Income Tax | Certain consequences of failure to deduct tax at source from the payments made, where tax was to be deducted at source or failure to pay the same to the credit of the Central Government, are stipulated in Section 201 of the Act. This Section provides that in that contingency, such a person would be deemed to be an asse... | 0[ds]13. The aforesaid interpretation of Sections 194C conjointly with Section 200 and Rule 30(2) is unblemished and without any iota of doubt. We, thus, give our imprimatur to the view taken. As would be noticed and discussed in little detail hereinafter, the Allahabad High Court, while interpreting Section 40(a)(ia),... | 0 | 4,875 | 1,018 | ### 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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Certain consequences of failure to deduct tax at source from the payments made, where tax was to be deduct... |
Ram Narain Vs. State of Uttar Pradesh | the complainant in a case like this, i.e., in a case in which no handwriting expert had been examined in support of his statement."It was emphasised by the appellants learned counsel that according to this decision it is not safe to record a finding about a persons writing merely on the basis of comparison because the ... | 1[ds]We are unable to agree with this submission. Reference was also made by the appellants counsel to Shashi Kumar (AIR 1964 SC 529 ) (supra) where it is observed that the expert evidence as to handwriting is opinion evidence and it can rarely, if ever, take the place of substantive evidence and therefore before actin... | 1 | 2,640 | 829 | ### Instruction:
Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction.
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the complainant in a case like this, i.e., in a case in which no handwriting expert had been examined in support of his stat... |
Cochin State Power, Light Corporation, Limited Vs. Its Workmen | existing wage-rates but should have been lower than the wage-rates prevalent in the Electricity Board in view of the decision at which the tribunal had already arrived. But the tribunal dose not seem to have taken care to deal with the matter on the lines Indicated above. We may add that some of the designations in the... | 1[ds]We are of opinion that there is force in this contention. As we have already said, we should have expected that having come to the conclusion that the respondents were not entitled to thepaid by the Electricity Board, the tribunal would have given basicwhich would be less than those paid by the Electricity Board. ... | 1 | 2,344 | 1,109 | ### Instruction:
Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document.
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existing wage-rates but should have been lower than the wage-rates prevalent in the Electricity Board i... |
Niranjan Vs. State of Maharashtra | parties.14. Thus, the exercise of understanding the purview of term "Hypothecation", however, would finally be governed by stipulations of the promise relating to the hypothecation as agreed to between the parties.15. The property hypothecated can be of two categories, namely,1st category.(i) Movables which can be purc... | 0[ds]23. The stipulation on free alienability, which is an essential ingredient of stock in trade, does not, by any connotation, apply to plant and machinery of the borrower company in present set of facts.24. The proposition that the hypothecated properties continue to be under ownership of the borrower, is as clear a... | 0 | 2,493 | 507 | ### 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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parties.14. Thus, the exercise of understanding the purview of term "Hypothecation", however, would finally ... |
Habibullah Khan Vs. The State of West Bengal | the same day that the order was passed, the petitioner was arrested in pursuance of detention order and the grounds were served on him. The detention was reported to the State Government on May 9, it was approved by the State Government on May 14 and on the same day a report in behalf of the petitioners detention was s... | 0[ds]4. It is not proper that the particulars furnished to the petitioner should have been accompanied by a mechanical recital that he was being detained on the "grounds mentioned therein, even though the order is founded on a single ground. The detaining authority must apply its mind to individual cases and ought not ... | 0 | 1,124 | 603 | ### 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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the same day that the order was passed, the petitioner was arrested in pursuance of detention order and the ... |
M/S Cipla Ltd Vs. Commnr. Of Central Excise, Bangalore | Court challenging the aforesaid order in original. The High Court, by its order dated 27th July 1988, quashed the said order and directed the Assistant Collector to decide the issue afresh. In another round of litigation, the product in question was held to be excisable and on appeal before a Division Bench of the High... | 1[ds]This Court in a number of decisions such as, Union of India v. Delhi Cloth & Chemicals Mills Co. Ltd. AIR 1963 SC 791 ; South Bihar Sugar Mills v. Union of India AIR 1968 SC 928 = 1968 (3) SCR 21 ; Bhor Industries v. Collector 1989(40) ELT 280 (SC) = 1989(1) SCC 602; Hindustan Polymers v. Collector 1989(43) ELT 16... | 1 | 1,479 | 446 | ### 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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Court challenging the aforesaid order in original. The High Court, by its order dated 27th July 1988, quash... |
Lachminarayan Madan Lal Vs. Commissioner of Income Tax, West Bengal | No reasons were given in support of that conclusion. The A. A. C. has not examined the evidence before him. He has not considered whether that evidence was believable or not. On the other hand the Tribunal for the reasons it has stated was not able to place reliance on it.10. Mr. Setalvad invited our attention to numbe... | 0[ds]14. According to the findings given by the Tribunal this case belongs to the latter category namely that the assessee by adopting a device has made to appear that the income which belonged to it had been earned by some other person.15. Mr. Setalvad placed considerable reliance on the decision of this Court in Comm... | 0 | 2,996 | 463 | ### 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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No reasons were given in support of that conclusion. The A. A. C. has not examined the evidence before him. He ha... |
M.P. Steel Corporation Vs. Commnr. Of Central Excise | appeal being a substantive right always acts prospectively. It is trite law that every statute is prospective unless it is expressly or by necessary implication made to have retrospective operation.24. Right of appeal may be a substantive right but the procedure for filing the appeal including the period of limitation ... | 1[ds]8. A perusal of the Limitation Act, 1963 would show that the bar of limitation contained in the Schedule to the Act applies to suits, appeals, and applications.is defined in Section 2(l) as not including an appeal or an application.In the Schedule, the second division concerns itself with appeals. These appeals un... | 1 | 19,056 | 1,712 | ### 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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appeal being a substantive right always acts prospectively. It is trite law that every statute is prospecti... |
State Vs. S.J. Choudhary | often can determine the question and by the use of photographic comparison charts he can demonstrate his findings, usually with unimpeachable certainty.From a comparison of the typewriting on a document which is a subject of controversy with specimens known to have been made on a certain typewriter it is usually possib... | 1[ds]6. In our opinion, irrespective of the view taken on the question of meaning of the word handwriting in Section 45 to include typewriting, the word science, occurring independently and in addition to the word handwriting in Section 45, is sufficient to indicate that the opinion of a person specially skilled in the... | 1 | 3,782 | 963 | ### 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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often can determine the question and by the use of photographic comparison charts he can demonstrate his find... |
Commnr. Of Customs Vs. M/S. Ferodo India Pvt. Ltd | and brake pads (licensed products). The said payments were in no way related to the imported items. In the present case, no effort was made by the Department to examine the pricing arrangement. No effort was made by the Department to ascertain whether there exists a price adjustment between cost incurred by the buyer o... | 0[ds]18. Royalties and licence fees related to the imported goods is the cost which is incurred by the buyer in addition to the price which the buyer has to pay as consideration for the purchase of the imported goods. In other words, in addition to the price for the imported goods the buyer incurs costs on account of r... | 0 | 4,162 | 1,237 | ### Instruction:
Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding.
### Input:
and brake pads (licensed products). The said payments were in no way related to the imported items. In the present case, n... |
Visakapatnam Municipal Corporation Vs. K. Satyanarayana and Company | 1. The short question involved in these appeals is whether the trial court could have granted interest pendente lite to the respondent although the arbitrators had declined to grant the same and the respondent had not filed any objection to the award under Section 30 of the Arbitration Act (the Act) 2. The relevant fac... | 1[ds]We are afraid that the expression "obvious error" is sought to be interpreted by the learned counsel without the context in which the expression appears. It is made clear in the said provision that obvious error must be such which can be amended without affecting the decision. Any addition of the amount of interes... | 1 | 866 | 286 | ### 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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1. The short question involved in these appeals is whether the trial court could have granted interest pende... |
INDIAN COMMODITY EXCHANGE LIMITED Vs. NEPTUNE OVERSEAS LIMITED & ORS | there should have been a cussedness in handing over mere copies of documents when serious allegations and serious consequences which would flow to the respondents herein. Not only that, the endeavour to conclude the proceedings within a span of two weeks thereafter cannot, in our view, be said to be an adequate opportu... | 1[ds]21. We have gone through the record before us and perused the synopses placed before us apart from the submissions made in Court.22. The stand of the ICEL becomes relevant to the extent that the order of the SAT is predicated on ICEL not being served the show cause notice. This really does not withstand scrutiny, ... | 1 | 6,345 | 1,749 | ### 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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there should have been a cussedness in handing over mere copies of documents when serious allegations and serious consequen... |
M/s. Siddachalam Exports Private Ltd Vs. Commissioner of Central Excise, Delhi-III | it before the CESTAT. In support of the contention, decision of this Court in M/s Builders Association of India Vs. State of Karnataka & Ors. ((1993) 1 SCC 409 ) was pressed into service. According to the learned counsel, since the retraction was tendered after twenty one months of the submission of original report, it... | 0[ds]16. It is settled that the procedure prescribed under Section 14(1) of the Act and particularized in Rule 4 of the 1988 Rules has to be adopted to determine the value of goods entered for exports, irrespective of the fact whether any duty is leviable or not. It is also trite that ordinarily, the price received by ... | 0 | 3,366 | 806 | ### 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:
it before the CESTAT. In support of the contention, decision of this Court in M/s Builders Association of India Vs. State... |
Rajendra Jha Vs. Presiding Officer, Labour Court, Bokaro Steel City, District | the proceedings. And, it is thereafter that the appellant filed an application in the Labour Court contending that the employers should not be allowed to lead evidence.7. Thus, the order passed by the Labour Court allowing the employers to lead evidence has been accepted and acted upon by the appellant. He has already ... | 0[ds]10. We do not consider that either of these decisions can help the appellant. A question of law which does not require fresh investigation into facts may be allowed to be raised at a later stage of a proceeding but, that is subject to the qualification that the question is not concluded by a decision between the s... | 0 | 3,299 | 626 | ### Instruction:
Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document.
### Input:
the proceedings. And, it is thereafter that the appellant filed an application in the Labour Court contendi... |
Management Of Tournamulla Estate Vs. Workmen | scheme, which is called "Terms of Agreement", provides that if a dispute arises regarding a claim for payment of gratuity of a workman who has been dismissed for misconduct, such a dispute shall be referred to the labour court having jurisdiction, for decision. As a dispute arose with regard to the payment of gratuity,... | 1[ds]Misconduct could be of three kinds, (1) technical misconduct which leaves no trail of indiscipline, (2) misconduct resulting in damage to the employers property which might be compensated by forfeiture of gratuity or part thereof, and (3) serious misconduct such as acts of violence against the management or other ... | 1 | 1,246 | 276 | ### 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:
scheme, which is called "Terms of Agreement", provides that if a dispute arises regarding a claim for payment of gratuity o... |
POPATRAO VYANKATRAO PATIL Vs. THE STATE OF MAHARASHTRA & ORS | reiterated by the Tehsildar, Karad – respondent No.4 in his report submitted to the Collector - respondent No.2 dated 9.8.2012. The Sub-Divisional Officer, Karad – respondent No.3 in his report dated 4.9.2012, addressed to the Collector, Satara also confirmed the said position. A perusal of the letter dated 3.10.2012, ... | 1[ds]5. No doubt that, normally, when a petition involves disputed questions of fact and law, the High Court would be slow in entertaining the petition under Article 226 of the Constitution of India. However, it is a rule of self-restraint and not a hard and fast rule6. It could thus be seen, that even if there are dis... | 1 | 2,494 | 638 | ### 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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reiterated by the Tehsildar, Karad – respondent No.4 in his report submitted to the Collector - respondent No.2 dated 9.8.20... |
Punjab Financial Corp Vs. M/S.Surya Auto Industries | in hardly ever likely to cooperate in the sale of his assets. The procedure indicated in Mahesh Chandra case will only lead to further delay in realization of the dues by the Corporation by sale of assets. It is always expected that the Corporation will try and realize the maximum sale price by selling the assets by fo... | 1[ds]We are, therefore, of the view that this is not a matter where the High Court should have stepped in and substituted its judgment for the judgment of the Corporation which should be deemed to know its interests better whatever the sympathies the Court had for the prosperity of the Company. In matters commercial, t... | 1 | 5,877 | 490 | ### 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:
in hardly ever likely to cooperate in the sale of his assets. The procedure indicated in Mahesh Chandra case ... |
Mahanth Ramswaroop Das Vs. The State Of Bihar | and circumstances of the case, the petitioner could be legally assessed for the income of the Estate in 1355 Fasli when the Estate was in the hand of he Receiver ?" 2. With special leave under Art. 136 of the Constitution, this appeal is preferred against the order of the High Court. The appellant is the Mahant of the ... | 0[ds]6. In our view, there is no substance in the contention raised by the appellant. The liability to pay tax is charged on the agricultural income of every person. The income though collected by the Receiver was the income of the appellant. By S. 13, in addition to the owner, the Receiver is to be deemed to be an ass... | 0 | 1,186 | 342 | ### Instruction:
Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding.
### Input:
and circumstances of the case, the petitioner could be legally assessed for the income of the Estate in 1355 ... |
SATLUJ JAL VIDYUT NIGAM LTD Vs. RAJ KUMAR RAJINDER SINGH(D)THRU LRS | to gain by anothers loss. It is a cheating intended to get an advantage. Jagannath was working as a clerk with Chunilal Sowcar. He purchased the property in the court auction on behalf of Chunilal Sowcar. He had, on his own volition, executed the registered release deed (Exhibit B-1S) in favour of Chunilal Sowcar regar... | 1[ds]42. A reading of section 27 makes it clear that on the abolition of estates except for the land which is under personal cultivation of the landowner, vests in the State. Vesting is automatic and would not depend upon the payment of compensation and this has already been held by this Court vide order dated 17.9.196... | 1 | 17,869 | 1,702 | ### 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:
to gain by anothers loss. It is a cheating intended to get an advantage. Jagannath was working as a clerk with Chunilal Sowc... |
The Commissioner of Income Tax-2 Vs. Al-Kabeer Exports Limited | of Section 80HHC are made applicable not only for the purposes of computation, but it is the amount of profits eligible for deduction under Section 80HHC and as computed under subsections (3) or (3A), as the case may be, that have to be reduced from the net profits of the assessee. A subsequent judgment of the Madras H... | 1[ds]To accept the submission of the assessee, would be to rewrite the provisions of subsection (3) of Section 80HHC which is plainly impermissible for the Court to do. That it would be impermissible for the Court to carry out such an exercise is fortified by the fundamental principle that the object of Section 115JB w... | 1 | 6,423 | 1,148 | ### 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:
of Section 80HHC are made applicable not only for the purposes of computation, but it is the amount of ... |
Raj Kumar Singh Hukam Chandji Vs. Commissioner of Income Tax, M.P | partner. He was found to be a man of rich experience in the line of business which the two firms were carrying on. Clause (8) of the partnership deed of the first, firm provided that Shah who has been managing the business of the firm shall continue to act as managing partner for conducting the said business free from ... | 1[ds]16. At first sight there appears to be conflict between the two lines of decisions namely Kalu Babus case, 37 ITR 123 = (AIR 1959 SC 1289 ) and Mathura Prasads case, (1966) 60 ITR 428 (SC); two Dhanwateys cases, 68 ITR 365 = (AIR 1968 SC 683 ) and 68 ITR 385 = (AIR 1968 SC 682 ) and Krishna Iyers case. 73... | 1 | 5,509 | 818 | ### 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:
partner. He was found to be a man of rich experience in the line of business which the two firms were... |
M/s. National Tractors Vs. Commissioner of Commercial Taxes, Bangalore | the Deputy Commissioner of Commercial Taxes held that the last purchases had been made by the State Trading Corporation and not by the assessee and it was, therefore, the former that was liable to pay the tax. The Commissioner of Commercial Taxes revised suo motu the order of the Deputy Commissioner and restored that o... | 0[ds]We are unable to find any infirmity in the approach and reasoning of the High Court on the question of passing of property in the goods in the light of the presumption which arises in the case of F. O. B. contracts. We would accordingly affirm the conclusion of the High Court that the assessee was the last purchas... | 0 | 1,529 | 238 | ### 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 Deputy Commissioner of Commercial Taxes held that the last purchases had been made by the State Trading Corporation and ... |
M.S. BHAVANI AND ANR. Vs. M.S. RAGHU NANDAN | a clear indication of the creation of an absolute bequest in her favour, while the use of non-mandatory words such as desire indicate that the testator did not wish to compel his wife to sell the suit property. He merely desired that his wife should endeavour to sell the property during her lifetime and divide the sale... | 0[ds]A reading of the above portion of the Will dated 07.06.1995, clearly indicates that the testator sought to provide for the manner in which his wife Nirmala Murthy would have a right to the suit property and how she would deal with the same. In addition to this, he also sought to provide for the manner in which the... | 0 | 3,893 | 1,845 | ### Instruction:
Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case.
### Input:
a clear indication of the creation of an absolute bequest in her favour, while the use of non-mandatory word... |
M/S Rayala Corp. Pvt Ltd Vs. Assistant Commissioner Of Income Tax,Che | gains of business or profession”. The reason for which the aforestated issue has arisen is that though the assessee is having the house property and is receiving income by way of rent, the case of the assessee is that the assessee company is in business of renting its properties and is receiving rent as its business in... | 1[ds]10. Submissions made by the learned counsel appearing for the Revenue is to the effect that the rent should be the main source of income or the purpose for which the company is incorporated should be to earn income from rent, so as to make the rental income to be the income taxable under the headand Gains of Busin... | 1 | 1,246 | 230 | ### 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:
gains of business or profession”. The reason for which the aforestated issue has arisen is that t... |
Mirdad and Others Vs. Board of Revenue and Others | after obtaining a decision of the Board of Revenue on the rights of the parties. In the records, the defendants respondents were shown as "Adhivasis" and they have continued to be so recorded.7. In 1958, Smt. Bhagwani applied to the Sub-Divisional Officer for correction of consolidation records, but, this application w... | 0[ds]11. On the special facts and circumstances of this case, the High Court sent for all the records, in various proceedings, from the Board of Revenue and took upon itself to dispose them of after deciding the crucial and decisive question on which the parties were at issue according to amended provisions of Section ... | 0 | 2,115 | 376 | ### 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:
after obtaining a decision of the Board of Revenue on the rights of the parties. In the records, ... |
Mannam Balaswamy Vs. State of Andhra Pradesh | FAZAL ALI, J. The appeal by special leave is directed against the judgment of the Andhra Pradesh by which to set aside the acquittal of the appellant under S. 302 and convicted the appellant under the said section to imprisonment for life. The trial Court had convicted the accused under S. 304(1) of I.P.C. and sentence... | 0[ds]2. We have heard counsel for the parties and have also gone through the judgment of the Courts below. According to the prosecution, there was some dispute between the deceased (appellant) and his father and on the date of occurrence, the appellant was quarrelling with his father when the deceased came there and in... | 0 | 389 | 289 | ### 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:
FAZAL ALI, J. The appeal by special leave is directed against the judgment of the Andhra Pradesh by which to ... |
Aklu Ram Mahto Vs. Rajendra Mahto | obliterate the distinction between Article 191(1)(a) of the Constitution and Section 10 of the Representation of the People Act, 1951. 10. However, in the later case of Biharilal Dobray v. Roshan Lal Dobray, 1984(1) SCC 551 at page 569 this Court said that even though the incorporation of a body corporate may suggest t... | 0[ds]13. The appellant, however, relied upon State of Gujarat and Anr., etc. v. Raman Lal Keshav Lal Soni and others etc., 1983(2) SCC 33 which was a decision of a Constitution Bench of this Court. This decision was not concerned with Article 191(1)(a). This Court, however, was required to decide whether ex-municipal e... | 0 | 3,108 | 460 | ### 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:
obliterate the distinction between Article 191(1)(a) of the Constitution and Section 10 of the Representatio... |
Vijay Kumar Sharma Vs. State of Karnataka | Neither had it provided for the regulation of movement of sugar cane as was done by the Central Government in Clauses (3) and (4) of the Sugar Cane Control. Order 1955. Likewise, the provision contained in Section 17 of the State Act in regard to the payment of sugar cane price (as fixed by the Central Government) and ... | 0[ds]What is important from our point of view, is the view taken in that case that. when repugnancy is alleged between the two statutes, it is necessary to examine whether the two laws occupy the same field, whether the new or the later statute covers the entire subject matter of the old, whether legislature intended t... | 0 | 13,386 | 4,629 | ### 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:
Neither had it provided for the regulation of movement of sugar cane as was done by the Central Government in Clauses (3) ... |
SHASHI PRAKASH KHEMKA (DEAD) THROUGH LRS Vs. NEPC MICON (NOW CALLED NEPC INDIA LTD.) | 1. Heard Mr. Nikhil Nayyar, learned counsel for the appellants. The respondents have been served, but from the inception of the special leave petition in the year 2007, none has been appearing for the respondents. 2. The subject matter of dispute before us is the exercise of power under Section 111-A of the Companies A... | 1[ds]5. The effect of the aforesaid provision is that in matters in respect of which power has been conferred on the NCLT, the jurisdiction of the civil court is completely barred.6. It is not in dispute that were a dispute to arise today, the civil suit remedy would be completely barred and the power would be vested w... | 1 | 596 | 145 | ### Instruction:
Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages.
### Input:
1. Heard Mr. Nikhil Nayyar, learned counsel for the appellants. The respondents have been served, but from... |
Vishnu Agencies (Pvt.) Ltd. Etc Vs. Commercial Tax Officer & Ors. Etc | the policy of the legislature towards contract, and the law today interferes at numerous points with the freedom of the parties to make what contract they like ..."44. This intervention is especially necessary today when most contracts entered into by ordinary people are not the result of individual negotiation. It is ... | 0[ds]15. According to these definitions of "sale" in the West Bengal and Andhra Pradesh Sales Tax Acts, transactions between the appellants on the one hand and the allottees or nominees on the other are patently sales because, indisputably, in one case the property in cement and in the other, property in paddy and rice... | 0 | 15,169 | 4,929 | ### Instruction:
Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case.
### Input:
the policy of the legislature towards contract, and the law today interferes at numerous points with the fre... |
Bhagirati K.R. Naik (Smt.) Vs. Oriental Fire and General Insurance Co. Ltd | S.P. Kurdukar, J. Leave granted. 2. Respondent 1 Insurance Company is represented by its counsel. It is the main contesting respondent. Respondent 2 is served and he has not chosen to contest this proceeding. In our view, the order of the High Court challenged in this appeal cannot be sustained for obvious reasons. The... | 1[ds]Thus, applying multiplicand of Rs. 1,000 per month substantial amount would have been available to the claimants even beyond Rs. 1,32,000 as awarded by the Tribunal. However, the claimants were satisfied with the amount of Rs. 1,32,000 and they had not filed anyn against the order of the Tribunal. Under these circ... | 1 | 514 | 206 | ### 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:
S.P. Kurdukar, J. Leave granted. 2. Respondent 1 Insurance Company is represented by its counsel. It is the main contesti... |
N. Kt. Sivalingam Chettiar Vs. Commissioner of Income Tax, Madras | under section 34(1)(a) of the Income-tax Act for the assessment year 1946-47. This plea was rejected by the departmental authorities and the Tribunal. They held that the proceeding for assessment initiated pursuant to the finding of the Appellate Assistant Commissioner in the earlier proceeding was saved by the second ... | 1[ds]5. In our judgment, the High Court was in error in holding that a finding or direction by an appellate authority in an order relating to assessment of one year may warrant the avoidance of the bar of limitation under section 34(1) of the Act against initiation of proceedings for assessment for another assessment y... | 1 | 1,522 | 334 | ### 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:
under section 34(1)(a) of the Income-tax Act for the assessment year 1946-47. This plea was rejected by the ... |
Bank of Baroda Vs. M/s Karwa Trading Company & Anr | for public auction or inviting quotations or tender from public or private treaty for transfer by way of lease assignment or sale of the secured assets. In the present case though as on 07.01.2013 the dues were Rs. Rs.1,85,37,218.80/- and without the secured property was sold in a public auction the Division Bench of t... | 1[ds]6.1 From the impugned judgment and order passed by the High Court it appears that the Division Bench of the High Court has treated and/or considered the market value of the mortgaged property at Rs.71 lakhs. The DRT when initially granted the interim relief in favour of the borrower which was the subject matter be... | 1 | 3,816 | 1,331 | ### 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:
for public auction or inviting quotations or tender from public or private treaty for transfer by way of lease assignment or... |
MANJARI TANTY @ LARIA Vs. SPECIAL LAND ACQUISITION OFFICER AND SUB COLLECTOR, ULTRA MEGA POWER PROJECT, SUNDARGARH & ORS | 1. Leave granted. 2. The present appellant is aggrieved by the judgment and order dated 28.06.2019 passed by the Orissa High Court at Cuttack setting aside the findings recorded by the Civil Judge (Senior Division), Sundargarh, Odisha vide order dated 16.02.2016 directing the present appellant to be entitled to 50% of ... | 1[ds]11. After we have heard learned counsel for the parties and taking into consideration the report of Ld. District & Sessions Judge, Sundargarh which has been furnished by him on 28.09.2020 pursuant to the order of this Court dated 31.01.2020 and arrived at conclusion that death of Kuladhara had taken place on 14.07... | 1 | 852 | 98 | ### 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:
1. Leave granted. 2. The present appellant is aggrieved by the judgment and order dated 28.06.2019 passed by the Orissa Hig... |
Addison & Co. Ltd Vs. Collector of Central Excise, Madras | S.P. Bharucha and S.C. Sen, JJ. 1. The appellant Addison & Company Ltd. manufactures cutting tools which fall under Tariff Item 51A. The cutting tools manufactured by Addison & Company were not exigible to duty before 1-3-l974. There is no dispute that they were manufacturing cutting tools even before this date. A Noti... | 0[ds]5. Clause (b) deals with cases where specified goods were cleared from a factory for the first time on or after 1st day of April, 1973. Clause (c) deals with cases where goods were cleared for the first time earlier than 1st day of April, 1973. The finding of fact is that the goods of the appellant were manufactur... | 0 | 1,124 | 561 | ### 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:
S.P. Bharucha and S.C. Sen, JJ. 1. The appellant Addison & Company Ltd. manufactures cutting tools which fall under Tariff I... |
Rajesh Awasthi Vs. Nand Lal Jaiswal | of mind and overlooking that statutory provision, appointed the appellant. 16. A writ of quo warranto will lie when the appointment is made contrary to the statutory provisions. This Court in Mor Modern Coop. Transport Coop. Transport Society Ltd. v. Govt. of Haryana (2002) 6 SCC 269 held that a writ of quo warranto ca... | 0[ds]21. We are of the view that non-compliance of sub-section (5) of Section 85 of the Act is not a procedural violation, as it affects the very substratum of the appointment, being a mandatory requirement to be complied with, by the Selection Committee before recommending a person for the post of Chairperson. We are ... | 0 | 4,343 | 363 | ### 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 mind and overlooking that statutory provision, appointed the appellant. 16. A writ of quo warranto w... |
Oil & Natural Gas Commission & Another Vs. Association of Natural Gas Consuming Industries of Gujarat & Others | for fixation of price. (vi)The High Court in its judgment has observed : "if the O. N. G. C. were acting fairly and reasonably, there was nothing to prevent them from placing all their cards on the table of the Court. They did not put the price structure that possibly be worked out on the lines similar or akin to those... | 1[ds]( 22 ) WE do not think that ONGC satisfies the primary conditions enunciated above for being a public utility undertaking as it has not so far held itself out or undertaken-or been obliged by any law to provide gas supply to the public in general or to any particular cross-section of the public. The proviso to Sec... | 1 | 20,480 | 1,811 | ### 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:
for fixation of price. (vi)The High Court in its judgment has observed : "if the O. N. G. C. were actin... |
Industrial Investment Bank Of India Ltd Vs. Bishwanath Jhunjhunwala | his remedies against the surety. In the present case the creditor is a banking company. A guarantee is a collateral security usually taken by a banker. The security will become useless if his rights against the surety can be so easily cut down. 20. In State Bank of India v. M/s. Indexport Registered (supra), this Court... | 1[ds]20. In State Bank of India v. M/s. Indexport Registered (supra), this Court held that the decree holder bank can execute the decree against the guarantor without proceeding against the principal borrower. Guarantors liability is coextensive with that of the principal debtor. In that case, this court further observ... | 1 | 2,529 | 767 | ### 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:
his remedies against the surety. In the present case the creditor is a banking company. A guarantee is a co... |
Oriental Aroma Chemical Indus.Ltd Vs. Gujarat Indisl.Devt.Corp | 9. In the light of the above, it is to be seen whether the respondents had offered any plausible/tangible explanation for the long delay of more than four years in filing of appeal and the High Court was justified in condoning the delay. 10. A reading of the impugned order makes it clear that the High Court did make a ... | 1[ds]13. From what we have noted above, it is clear that the Law Department of respondent No.1 was very much aware of the proceedings of the first as well as the second suit. In the first case, Ms. Rekhaben M. Patel was appointed as an advocate and in the second case Shri B.R. Sharma was instructed to appear on behalf ... | 1 | 4,069 | 704 | ### 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:
9. In the light of the above, it is to be seen whether the respondents had offered any plausible/tangible ex... |
Vinodkumar M Malavia Vs. Maganlal Mangaldas Gameti | respondents approached the Civil Court under Section 72(1) of the Act and the Civil Court correctly exercised jurisdiction over the same. 23. The question regarding the admissibility of evidence adduced before the Charity Commissioner has been adequately addressed by the High Court and we do not find any reason to inte... | 0[ds]we are of the opinion that the questions regarding the validity of the unification process have been answered in the observations made by this Court in Church of North India v. Lavajibhai Ratanjibhai & Ors. (supra), wherein the matter was regarding the bar of jurisdiction of the Civil Court under Section 80 of the... | 0 | 9,492 | 755 | ### 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:
respondents approached the Civil Court under Section 72(1) of the Act and the Civil Court correctly e... |
Podar Mills Limited Vs. J.K. Synthetics Limited | 8(1)(c) refers to proceedings other than winding up proceedings under the Companies Act. We do not see any reason why section 8(1)(c) should be construed in this fashion, The intention of section 8(1) (c) is clearly to prevent a textile Company whose undertaking is covered by the said Act from being wound up. There are... | 1[ds]In view of the clear distinction made in the Act between a textile undertaking and textile Company it is not possible to construe section 8 as applying only to a textile undertaking. In fact section 8 subsection (1) clearly sets out that so long as the management of a textile undertaking of a textile Company remai... | 1 | 3,389 | 933 | ### 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:
8(1)(c) refers to proceedings other than winding up proceedings under the Companies Act. We do not see ... |
The Commissioner Of Income-Tax, Andhrapradesh, Hyderabad Vs. K.Adinarayana Murty | 30, 1957 which was in pursuance of the first notice under S. 34 issued on March 22, 1957. It appears from the statement of the case that the Income-tax Officer was required to disclose the particular notice on which he made the assessment. The Income-tax Officer said that the assessment was based on the second notice. ... | 1[ds]We are unable to accept the argument put forward on behalf of the assessee as correct. The Income-tax Officer could not have validly acted on the return filed by the assessee in the status of Hindu Undivided Family and any assessment made by the Income-tax Officer on such return would have been invalid in law beca... | 1 | 1,655 | 602 | ### 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:
30, 1957 which was in pursuance of the first notice under S. 34 issued on March 22, 1957. It appears from the statement of ... |
Ratilal Chhaganlal Vs. Dhari District Municipality | Hegde, J. 1. The material facts in this appeal, by special leave lie within a narrow compass. The appellant was working as Officiating Secretary of the respondent Municipality in December, 1951. It is said that when the cash balance was checked on December 24, 1951, It was short by Rs. 250/- On that ground he was dismi... | 0[ds]2. All the Courts below have concurrently come to the conclusion that the appellant had not been given proper opportunity to establish his innocence. They came to the conclusion that no charges had been served on the appellant nor any proper enquiry held. Hence, there was a breach of principles of natural justice ... | 0 | 828 | 340 | ### 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:
Hegde, J. 1. The material facts in this appeal, by special leave lie within a narrow compass. The appellant was working as ... |
THE KARNATAKA STATE SEEDS DEVELOPMENT CORPORATION LIMITED Vs. H. L. KAVERI & ORS. | experience certificate of 3 years even on the date when the advertisement came to be published dated 11 th November, 2013, she at least should not be deprived from fair consideration for such technical reasons against a woman who is member of Scheduled Caste category and for whom the post was reserved, in the given cir... | 1[ds]11. Under its advertisement dated 11 th November 2013, it was specifically indicated that separate application should be submitted for each post accompanied with various requirements including qualification, experience, etc. and incomplete application, if any, is liable for rejection without assigning any reason. ... | 1 | 2,344 | 792 | ### 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:
experience certificate of 3 years even on the date when the advertisement came to be published dated 11 th No... |
Ramjas Foundation Vs. Union Of India | of the plaintiff now shows. He established an institution together with provision for its perpetual maintenance.In evidence this trust has been called by the Secretary as ‘Educational Charitable Institution’. In the deed of settlement dated November 26, 1946, it was described by the British Government as “a public educ... | 0[ds]10. We have considered the respective submissions. In our view, the appeal deserves to be dismissed because the appellants have not approached the Court with clean hands. In Ramjas Foundation v. Union of India, acquisition of the land situated at Sadhora Khurd was challenged on the ground of violation of Section 5... | 0 | 9,170 | 1,007 | ### Instruction:
Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation.
### Input:
of the plaintiff now shows. He established an institution together with provision for its perpetual maintena... |
Gurbinder Singh And Another Vs. Lal Singh And Another | Singh and Pratap Singh is concerned it began upon the death of Raj Kaur and not during her lifetime. That being so, Art. 142 cannot possibly be attracted whereas the Madras decision turns upon a case to which Art. 142 applied. No doubt, there, on behalf of the plaintiff-appellant it was argued on the authority, of Trus... | 0[ds]5. In the absence of any appeal by Prem Kaur against the decision of the High Court confirming the dismissal of her suit we have only to consider the claim of the respondents to half the property left by Raj KaurTherefore, it is more accurate to say that the possession of the Raja became adverse to Prem Kaur and t... | 0 | 3,524 | 656 | ### 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:
Singh and Pratap Singh is concerned it began upon the death of Raj Kaur and not during her lifetime. Th... |
Mohammad Ghouse Vs. State Of Andhra | Government propose to revise the original orders passed on such charges.Provided that it shall not be necessary to consult the Tribunal..(i) in any case in which the Tribunal has, at any previous stage, given advice in regard to the order to be passed, and no fresh question has thereafter arisen for determination, or,(... | 0[ds]While, on the one hand there is force in the contention of the appellant that having regard to its setting, the proviso should more properly be read as qualifying sub-rule (2), we are inclined to agree with the learned Judges of the High Court that, read as a whole, the Rule does not show an intention to depart fr... | 0 | 2,987 | 399 | ### 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:
Government propose to revise the original orders passed on such charges.Provided that it shall not be necessary t... |
Lakhi Ram Ram Dass Vs. Har Prasad Syal and Others | in respect of her property left in Pakistan". 14. From the statement of counsel before the Tribunal and the Tribunals said order it would appear (1) that the application was for declaration and adjustment, (2) that the application was in respect of the joint debt of respondents 2 and 3, which must mean the sum of Rs. 4... | 0[ds]On a reading of this order, there can be no doubt that the application for declaration and adjustment by respondent 2 was in respect of Rs. 40,000/jointly due by her as the principal debtor and respondent 3 as the guarantor and that it was that debt which the said order adjusted in the manner aforesaid, namely, th... | 0 | 4,608 | 826 | ### 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 respect of her property left in Pakistan". 14. From the statement of counsel before the Tribunal and the Tribu... |
Bishun Narain Mishra Vs. State Of Uttar Pradesh And Others | superannuation was held by the majority in Moti Ram Dekas case, AIR 1964 SC 600 , as out of the application of Article 311. We have not been shown any provision which takes away the power of Government to increase or reduce the age of superannuation and, therefore, as the rule in question only dealt with the age of sup... | 0[ds]We have not been shown any provision which takes away the power of Government to increase or reduce the age of superannuation and, therefore, as the rule in question only dealt with the age of superannuation and the appellant had to retire because of the reduction in the age of superannuation it cannot be said tha... | 0 | 2,386 | 1,011 | ### 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:
superannuation was held by the majority in Moti Ram Dekas case, AIR 1964 SC 600 , as out of the application of Article 311... |
Mukunda Bore Vs. Bangshidhar Buragohain & Others | the extent of Rs. 5, 900; and that this money was utilised towards the amount which was paid to the former lessee at the time of taking possession by the appellant. It is further pointed out that at the time of arguments before the Board, the position taken by Mukunda Bore was that this amount came from Savings Bank Ac... | 0[ds]It is true that a finding based on no evidence or purely on surmises and conjectures or which is manifestly against the basic principles of natural justice, may be said to suffer from an error of law. In the instant case, the finding of the Board that the appellant does not possess the necessary financial capacity... | 0 | 2,735 | 729 | ### 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:
the extent of Rs. 5, 900; and that this money was utilised towards the amount which was paid to the f... |
Metalman Pipe Manufacturers Company Private Limited Vs. Union of India | PENDSE, J. ( 1 ) THE petitioners No. 1 is a company manufacturing steel pipes and tubes. For manufacture of pipes and tubes the petitioners import boiler Hot Rolled Coils which are used for re-rolling. Import of Hot Rolled Coils was permitted under O. G. L. Appendix X of the relevant Import policy. The company placed a... | 1[ds]The submissions is not correct. Perusal of notes in chapter 73 of the Customs Tariff indicates that coils forhed hot rolled products. A perusal of note (k) unmistakably establishes that the iron or steel coils even if hot rolled or cold rolled would squarely fall within the ambit of Entry 73. 08.In our judgment, t... | 1 | 491 | 84 | ### 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:
PENDSE, J. ( 1 ) THE petitioners No. 1 is a company manufacturing steel pipes and tubes. For manufacture of ... |
State of Orissa & Another Vs. Mamata Mohanty | the said percentage.(iii) Their appointments had been approved after a long long time. In some cases after 10-12 years of their initial appointment by the statutory authority i.e. Director of Higher Education.(iv) A candidate becomes eligible to apply for a post only if he fulfils the required minimum benchmark fixed b... | 1[ds]11. Considering the rival submissions made by learned counsel for the parties, we are of the view that as the questions raised hereinabove had never been considered by any of the courts and involve substantial questions of law of public importance, the cases require proper adjudication.In view of the above, it is ... | 1 | 9,861 | 1,718 | ### Instruction:
Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case.
### Input:
the said percentage.(iii) Their appointments had been approved after a long long time. In some cases after 1... |
POONA RAM Vs. MOTI RAM (D) TH. LRS | case ofRame Gowda (dead) by Lrs.v. M. Varadappa Naidu (dead) by Lrs. and another, (2004) 1 SCC 769 , a three-Judge Bench of this Court, while discussing the Indian law on the subject, observed as under:-?8. It is thus clear that so far as the Indian law is concerned the person in peaceful possession is entitled to reta... | 1[ds]A perusal of Ex. 12 (first survey) reveals that Moti Ram was in possession of the land, the plot to the east of which was possessed by Nawala Harijan and in the east of Nawala Harijan?s plot, possession ofPurkha Ram(to recall, predecessor- in-interest of the defendants) on the site has been indicated. Further, the... | 1 | 2,964 | 1,084 | ### 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:
case ofRame Gowda (dead) by Lrs.v. M. Varadappa Naidu (dead) by Lrs. and another, (2004) 1 SCC 769 , a thre... |
Vannattankandy Ibrayi Vs. Kunhabdulla Hajee | the definition of the "building" in the State Rent Act held that there cannot be a building without a site and once a structure is put up in the land the site becomes part of the structure and thereafter the site becomes part of the building and on that basis the High Court held that once the premises covered by the St... | 0[ds]We are, therefore, of the view that the interpretation put by the Kerala High Court of Section 2(1) for holding that the words "part of a building" means the land on which the building has been constructed is not correct. The provisions of the State Rent Act clearly show that the State Rent Act is self contained A... | 0 | 6,137 | 799 | ### Instruction:
Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding.
### Input:
the definition of the "building" in the State Rent Act held that there cannot be a building without a site an... |
B.K. PAVITHRA AND ORS. Vs. UNION OF INDIA AND ORS | jurisprudence that what cannot be done directly cannot be permitted to be done indirectly. 20. The view of the two judge Bench in Gurdip Singh has been reiterated by this Court in Zahira Habibullah Sheikh v State of Gujarat (2004) 5 SCC 353 , Common Cause v Union of India (2004) 5 SCC 222 , Ram Chandra Singh v Savitri ... | 0[ds]23. Though the cases adverted to above were rendered in the context of applications before this Court which were held to be, in substance, applications for the review of a judgment, the principle of law that emerges is that courts may scrutinise applications to assess whether they, in substance, seek a relief that... | 0 | 4,176 | 693 | ### 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:
jurisprudence that what cannot be done directly cannot be permitted to be done indirectly. 20. The view of t... |
State of Uttar Pradesh and Another Vs. M. J. Siddiqui and Others | in the list of the officers by direct recruitment in 1957 batch.Note: 1. The lists of the officers by direct recruitment and by promotion will contain only the names who were appointed temporary and permanent in PMS (I) with the approval of the Public Service Commission.2. In accordance with the aforesaid principles G ... | 1[ds]In our opinion, the High Court seems to have laid undue stress on the fact that the appellants were appointed on a temporary basis while overlooking the surrounding circumstances and the terms of the advertisement and the Rules, A referred to above, under which the appellants were appointed. We have already indica... | 1 | 7,964 | 2,044 | ### 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:
in the list of the officers by direct recruitment in 1957 batch.Note: 1. The lists of the officers by direct ... |
Inspector Assistant Commissioner Of Agricultural Income Ta Vs. V.K. Ramunni Panikkar, Receiver Of Zomorinestate | the sthanam property had been divided per capita immediately before the death of the sthanamdar among himself and all the members of his family then living, and the shares falling to the members of his family and the heirs of the sthanamdar shall be held by them as their separate property.""Explanation:- For the purpos... | 0[ds]8. The income of the sthanam property during November 1, 1956 to March 31, 1958 was the exclusive property of Sreemanavikaraman Raja. He was alone entitled to that income. Therefore he alone was liable to pay the tax.Under the Agricultural Income-tax Act, no charge is created on property in respect of the arrears ... | 0 | 2,106 | 789 | ### 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:
the sthanam property had been divided per capita immediately before the death of the sthanamdar among himself and... |
EXPERION DEVELOPERS PVT. LTD Vs. SUSHMA ASHOK SHIROOR | context, the observation of this Court in Pioneer Urban Land Infrastructure Ltd v. Union of India [Pioneer Urban Land Infrastructure Ltd. & Anr. v. Union of India & Ors. (2019) 8 SCC 416] where the Court was called upon to consider the provisions of Insolvency and Bankruptcy Code, 2016, the RERA Act, 2016 and the Consu... | 1[ds]8.2. In somewhat similar factual as well as legal context, this Court in Pioneer held as under:6.1 In the present case, admittedly the appellant builder obtained the occupancy certificate almost 2 years after the date stipulated in the apartment buyers agreement. As a consequence, there was a failure to hand over ... | 1 | 6,317 | 3,389 | ### 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:
context, the observation of this Court in Pioneer Urban Land Infrastructure Ltd v. Union of India [Pioneer U... |
Narayanlal Bansilal Vs. Maneck Phiroze Mistry & Another | at all reasonable times.So here the use of this evidence was confined to civil proceedings. But now by the new Act under S. 478 this evidence can be used in all proceedings, thus bringing our provisions in line with the English law, and with regard to the impugned provision of our Companies Act, S. 167 of the English A... | 0[ds]we have an Inspector appointed under S. 138 of the Act of 1913.He had carried on part of his investigation under S. 140. By reason of this section his appointment is to continue in force and if his appointment could have been made under the Act of 1956 it shall have effect as if it was made under this Act. Now, un... | 0 | 15,559 | 1,735 | ### 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:
at all reasonable times.So here the use of this evidence was confined to civil proceedings. But now by the new Ac... |
N.S. Rajabathar Mudaliar Vs. M.S. Vadivelu Mudaliar & Ors | the deed of trust dated 1 January, 1908 created an absolute dedication to charity subject only to a charge for the payment of maintenance to the members of the founders family or whether the dominant intention of the founder was the maintenance of the family and the grant to the charities was secondary.3. The trust dee... | 0[ds]The provisions or direction to the trustees first to accumulate the income after meeting the expenses of assessment, quit rent and maramath and the monthly and annual expenses and secondly to purchase properties therewith were to provide income only for the aforesaid charity. The words "for the aforesaid charity a... | 0 | 1,110 | 401 | ### 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:
the deed of trust dated 1 January, 1908 created an absolute dedication to charity subject only to a charge for th... |
Panchdeo Singh Vs. State Of Bihar | After receipt of this order I went to Sadar Hospital, Dhanbad on the same day and recorded dying declaration of the said injured at 11.20. I recorded it, in the presence of Dr. Raman Shanker Prasad. I recorded his statement as stated by the injured and the same was read over to him. He marked his signature after being ... | 1[ds]10. Before so doing, a look at the decision of this Court in Rosamma (Paparambaka Rosamma and others v. State of A.P., 1999(4) RCR (Crl.) 104 (SC) : 1999(7) SCC 695) would be of some relevance wherein this Court observed that where conviction is solely based on the dying declaration there is an obligation on the p... | 1 | 2,772 | 784 | ### 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:
After receipt of this order I went to Sadar Hospital, Dhanbad on the same day and recorded dying declaration... |
Maharashtra General Kamgar Union, Bombay Vs. Solid Containers Limited and Others | and representative union it cannot deprive other Trade Unions from representing the employees who are its members under Act No. 1 of 1972. In this context reliance was heavily placed upon sub-section (2) of section 21 of the Act No. 1 of 1972 and section 27A of the B. I. R. Act. It was urged that the provisions read to... | 0[ds]and strikes are concerned,can be described as the antithesis of a strike. Just as a strike is a weapon available to the employees for enforcing their industrial demands, ais a weapon available to the employer to persuade by a coercive process the employees to see his point of view and to accept his demands. The ma... | 0 | 14,286 | 1,988 | ### 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:
and representative union it cannot deprive other Trade Unions from representing the employees who are its members under Act ... |
State Of Punjab Vs. Okara Grain Buyers Syndicate Ltd.And Ors.(And Connected Appeals) | decision held, following these earlier rulings on the construction of the Civil Procedure Code, particularly S. 20 and other like enactments, that the provisions of S. 4 which enabled suits to be filed in India notwithstanding that the cause of action arose in Pakistan could not be availed of by displaced persons to fi... | 0[ds]In the view we take of the construction of the provisions of the Act before us, in the light of the principles of construction formulated by Lord Du Parcq, we do not consider it necessary to examine whether there are any further limitations, qualifications or exceptions to the rule as applied to Indian statutes as... | 0 | 14,269 | 1,799 | ### 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:
decision held, following these earlier rulings on the construction of the Civil Procedure Code, particularly S. 20 and ot... |
Sushila Devi Vs. Pandit Krishna Kumar Missir & Others | chance witness and lastly that he was somewhat pompous at the time of giving evidence. The High Court, in our opinion, rightly declined to attach any importance to any of those circumstances. 7. Next we shall consider the evidence of Harihar Prased Upadhaya (A. W. 2), who was previously a Prof.of Engish in the Patna Sc... | 0[ds]The High Court did attach significance to the circumstance that no bequest under the will had been made to the appellant though the testator loved her as much as his elder daughter Monorama. But on the basis of the evidence on record, it opined that the testator was treating Govindmani Tripathi as his Putrika Putr... | 0 | 3,196 | 1,442 | ### 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:
chance witness and lastly that he was somewhat pompous at the time of giving evidence. The High Court, in our opinion, rig... |
United Bank Of India Vs. Off. Liquidator,H.C.Of Calcutta | of judicial discretion. This aspect is reiterated by the Court by holding that the aforesaid principles must govern every court sale. The Court has also observed that failure to apply its mind to the material factors bearing on the reasonableness of the price offered may amount to material irregularity in conduct of sa... | 1[ds]8. At the outset, we would state that in proceedings for winding up of the company under liquidation, the court acts as a custodian for the interest of the company and the creditors. Therefore, before sanctioning the sale of its assets, the court is required to exercise judicial discretion to see that properties a... | 1 | 5,129 | 1,683 | ### 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 judicial discretion. This aspect is reiterated by the Court by holding that the aforesaid principles... |
National Coal Development Corporation Vs. Manmohan Mathur | Coal Bearing Areas (Acquisition and Development) Amendment Act XXIII of 1969 was enacted. By this amending Act Section 28 (3) was amended by removal of certain words and substitution retrospectively of other words. The amending Act also added a new sub-section, numbered 3A and also enacted Section 3 by which the valida... | 1[ds]In view of this amendment it is obvious that now under the scheme of Act XX of 1957, as amended by Act 51 of 1957 and Act XXIII of 1969 a notification under Section 4 (1) ofthe Land Acquisition Act, 1894, is by fiction a notification under Section 4 of Act XX of 1957; an objection under Section5 A ofthe Land Acqui... | 1 | 2,121 | 407 | ### 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:
Coal Bearing Areas (Acquisition and Development) Amendment Act XXIII of 1969 was enacted. By this amending ... |
SHIVAKUMAR Vs. SHARANABASAPPA | under Rule 23 or Rule 23A, the whole case goes back for decision to the Trial Court except on the point on which the Appellate Court has returned concluded finding, if any. While making a remand under Rule 23 or Rule 23A, the judgment and decree of the Trial Court is required to be set aside but it is not necessary to ... | 1[ds]11. For what has been noticed hereinabove, the relevant principles governing the adjudicatory process concerning proof of a Will could be broadly summarised as follows:–1. Ordinarily, a Will has to be proved like any other document; the test to be applied being the usual test of the satisfaction of the prudent min... | 1 | 20,892 | 4,203 | ### 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:
under Rule 23 or Rule 23A, the whole case goes back for decision to the Trial Court except on the point on w... |
Ravi Yashwant Bhoir Vs. The Collector, District Raigad | of the Council within a period of two months from the date on which the last preceding ordinary meeting was held. The statutory provisions further provided that in case the President fails to call the ordinary meeting within the said stipulated period, the Chief Officer may report such failure to the Collector and the ... | 1[ds]we are of the considered opinion and that too after appreciation of the entire evidence on record that the first charge proved against the appellant for not calling the meeting of Council, did not warrant the order of removal and the explanation furnished by appellant could have been accepted. Other charges could ... | 1 | 10,693 | 490 | ### 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 Council within a period of two months from the date on which the last preceding ordinary meeting wa... |
Commissioner of Central Excise Service Tax Vs. Ultra Tech Cement Ltd | the following reasons:10. In the first instance, it needs to be kept in mind that Board’s Circular dated August 23, 2007 was issued in clarification of the definition of ‘input service’ as existed on that date i.e. it related to unamended definition. Relevant portion of the said circular is as under:“ISSUE: Up to what ... | 1[ds]It may be relevant to point out here that the original definition of ‘inputcontained in Rule 2(l) of the Rules, 2004 used the expression ‘from the place ofAs per the said definition, service used by the manufacturer of clearance of final products ‘from the place ofto the warehouse orplace etc., was exigible for Ce... | 1 | 3,543 | 1,185 | ### 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:
the following reasons:10. In the first instance, it needs to be kept in mind that Board’s Circular da... |
C. C. Padmanabhan and Others Vs. Director of Public Instructions and Others | two items:(a) Special pay in lieu of higher time scale of pay.(b) Special pay for specifically arduous nature of work.The expression special pay in lieu of higher time scale of pay may be better understood with reference to the provisions of rule 12(31) of the Kerala Service Rules which may be extracted here:"12(31) Sp... | 1[ds]8. Here we may briefly advert to the constitution of the Kerala General Education Service as detailed in G.O. (P) No. 356/PD, dated 28th October, 1967 and published in Kerala Gazette No. 46, dated 21st November 1967. That Service is divided into two classes. The post of the District Educational officer falls in Cl... | 1 | 3,935 | 1,801 | ### 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:
two items:(a) Special pay in lieu of higher time scale of pay.(b) Special pay for specifically arduous natur... |
Delhi Development Authority Vs. M/s R.S. Sharma & Co., New Delhi | and statutory provisions, particularly, Section 34(2) of the Act, let us consider whether the Arbitrator as well as the Division Bench of the High Court were justified in granting the Award in respect of Claim Nos.1-3 and additional Claim Nos. 1-3 of the claimant or the appellant-DDA has made out a case for setting asi... | 1[ds]The perusal of the Award of the Arbitrator as well as the judgment of the Division Bench clearly shows that they did not advert to the above clause 3.16. It is relevant to point out that the extra cartage has been awarded by the Arbitrator without adverting to clause 3.16 of the Agreement, hence, the learned singl... | 1 | 5,928 | 717 | ### 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 statutory provisions, particularly, Section 34(2) of the Act, let us consider whether the Arbitrator as ... |
U.P. AWAS EVAM VIKASH PARISHAD Vs. ASHA RAM (D) THR. LRS & ORS | the village where the land is situated and the authority for which the land was acquired to arrive at the market value is produced below. Such table includes the judgments referred to by Mr. Gupta that a sum of Rs.297/- per square yard is the market value of the land acquired. Table 35. The order passed by this Court o... | 1[ds]In the present set of appeals, we are not dealing with the acquisition of land intended to be acquired by way of a notification under Section 4 of the LA Act dated 28.2.1987. Mr. Singh in the written submissions has submitted that the possession was taken over by the GDA on 14.6.1988 and 29.6.1988 which was based ... | 1 | 7,146 | 3,584 | ### Instruction:
Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document.
### Input:
the village where the land is situated and the authority for which the land was acquired to arrive at the m... |
Sarabhai M.Chemicals Vs. Commnr. Of Cent.Excise,Vadodara | case, we are concerned with the proviso to section 11A(1). 24. In the case of Cosmic Dye Chemical vs. Collector of Central Excise, Bombay reported in 1995(75) ELT 721), this Court held that intention to evade duty must be proved for invoking to section 11A(1) for extended period of limitation. It has been further held ... | 1[ds]We do not find any merit in the preliminary submission made on behalf of the appellant. In the present case, we are concerned with exemption notification. It is well settled that an exemption notification has to be strictly interpreted. The conditions for taking the benefit of the exemption have to be strictly int... | 1 | 7,209 | 1,766 | ### 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:
case, we are concerned with the proviso to section 11A(1). 24. In the case of Cosmic Dye Chemical vs. Collector of... |
T.N. STATE TRANSPORT CORPN. LTD Vs. COLLECTOR OF C. EX., MADURAI | 1. This Appeal is against the Judgment dated 5th March, 1998 passed by the Customs, Excise and Gold (Control) Appellate Tribunal (hereinafter referred to as CEGAT). 2. Briefly stated the facts are as follows : The Appellants are manufacturers of bodies of Buses. During inspection by the Officers of the Respondent, it w... | 0[ds]4. We see no substance in these submissions. After the aluminium paste, metal lacquer and thinner are mixed in exact proportions, a separate and distinct product with a distinct identity comes into existence. It is a Paint which is known in the market as Aluminium Paint. We see no substance in the submission that ... | 0 | 590 | 355 | ### 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. This Appeal is against the Judgment dated 5th March, 1998 passed by the Customs, Excise and Gold (Control) Appellate Tr... |
Nagji Vallabhji & Company Vs. Meghji Vijpar & Companymeghji Vijpar (Deceased)Through His | Dr Chitale this immunity would be rendered practically nugatory. In fact, a plain reading of the provisions of sub-section (4)(a) in the context clearly shows that there is no intention therein to take out a building put up by the government or a local authority from the scope of the exemption conferred by sub-section ... | 0[ds]9. It was urged before us by Dr Chitale that, if the sub-lessee in a building put up by a lessee on land leased from the government or a local authority under a building lease is entitled to the protection of the Bombay Rent Act under the provisions of Section 4(4)(a) thereof, there is no reason why such protectio... | 0 | 3,806 | 408 | ### 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:
Dr Chitale this immunity would be rendered practically nugatory. In fact, a plain reading of the provisions of sub-sectio... |
S. S. Munna Lal Vs. S. S. Rajkumar And Others | the estate was merely inchoate, for she had a mere right to be maintained out of the estate and that her right continued to retain that character till actual division was made and the share declared by the preliminary decree was separated and delivered to her : on her death before actual division the inchoate interest ... | 1[ds]16. By S. 14(1) the Legislature sought to convert the interest of a Hindu female which under the Sastric Hindu law would have been regarded as a limited interest into an absolute interest and by the Explanation thereto gave to the expression "property" the widest connotation. The expression includes property acqui... | 1 | 5,182 | 819 | ### 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:
the estate was merely inchoate, for she had a mere right to be maintained out of the estate and that ... |
Jayantbhai Manubhai Patel and Others Vs. Arun Subodhbhai Mehta and Others | Clauses Act, which we have already referred to. That section fortifies the view taken by the Division Bench. 17. We may nor refer to the decision of the Allahabad High Court in R. K. Jain v. Bar Council of U. P. (AIR 1974 All 211 ) In that case, the Bar Council of U.P. in exercise of its power under Section 15(2) of th... | 1[ds]11. It is clear from the judgment of the Division Bench of the Gujarat High Court the correctness of which is challenged before us that the Division Bench considered itself itself bound by the observations in Chandrakant Khaire case ((1988) 4 SCC 577 : AIR 1988 SC 1665 ) set out by us earlier. The facts of that ca... | 1 | 6,444 | 3,524 | ### 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:
Clauses Act, which we have already referred to. That section fortifies the view taken by the Division Bench. 17. We may no... |
Ashutosh Chaturvedi Vs. Prano Devi @ Parani Devi | relatives. It is not suggested by the appellants in the present case that Dhanu Lal died leaving behind any heir other than his two sons. I am, therefore, of the opinion that the proviso to Section 6 does not apply to the present case so as to defeat the rule of survivorship being applied to the parties. When Dhanu Lal... | 0[ds]n of Mr. Pandey that two deeds of sale were executed in violation of the order of injunction and in that view of the matter, the deeds of sale must be held to be invalid in law,in our opinion, cannot be a ground for allowing the amendment of the plaint. If the deeds of sale are held to be bad in law, that would no... | 0 | 2,923 | 320 | ### 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:
relatives. It is not suggested by the appellants in the present case that Dhanu Lal died leaving behind an... |
Ajit Singh and Others Vs. State of Punjab | right leg and from the X-ray he found a small cut, about 1/6th inch in the cortex of tibia in its upper part and on this finding he declared injury No. 3 as grievous.5. The injury on Rajinder Singh was described as follows : "A swelling around the right ankle joint 4 cm. x 3 cm. is present mainly on the medial side of ... | 0[ds]We are unable to agree with him in this respect. Not only has the doctor given opinion on this fact, but we are also not inclined to believe that Jawand Singh would let himself be injured in the way in which he was actually injured. There are fivewho support the prosecution story; three are injured persons and Ama... | 0 | 2,051 | 383 | ### 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:
right leg and from the X-ray he found a small cut, about 1/6th inch in the cortex of tibia in its upper... |
Sattar and Ors Vs. High School Boarding Committee and Ors | 1. This appeal is directed against the judgment and final order dated 16.07.2002 passed by the High Court of Madhya Pradesh, Bench at Indore in S.A. No. 711 of 1974. Heard learned Counsel for the parties.2. The dispute in the present matter is regarding the availability of land for a muslim burial ground. The High Cour... | 1[ds]3. Shri V.A. Mohta, learned Senior Counsel appearing for the Appellants pointed out, in our view rightly, that the need for a burial ground only increases with the passage of time since more deaths take place every year.This submission has not been denied on behalf of the Respondents. The High Court in the penulti... | 1 | 227 | 140 | ### 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. This appeal is directed against the judgment and final order dated 16.07.2002 passed by the High Court of Madhya Prades... |
C. Buchivenkata Rao Vs. Union Of India & Ors | on behalf of Rao.11. We may now refer to the fresh question which was sought to be raised on behalf of the appellant by means of an application before us. This was, that this Court had pointed out in N. Setharamaiah v. Kotaiah Naidu, (1971) 1 SCR 153 = (AIR 1970 SC 1354 ), that, on 15th September, 1956 the Mineral Conc... | 0[ds]6. It is clear to us that the details mentioned in Rule 27 are intended for the correct identification of the individual to whom the lease is to be granted, the minerals which are to be mined, the area in respect of which the lease was to be granted and the qualifications of the applicant. Considerable emphasis wa... | 0 | 3,178 | 1,791 | ### 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:
on behalf of Rao.11. We may now refer to the fresh question which was sought to be raised on behalf of the appellant by me... |
DEGA VENKATA HARSHA VARDHAN Vs. AKULA VENTAKA HARSHAVARDHAN | to be offered to general category candidates. This principle is not attracted in cases of medical admissions. 21. Learned senior counsel appearing on behalf of the appellants argued, and rightly, that the High Court has erred in holding that reservation had been increased to more than 50% and has also erred in not prop... | 1[ds]8. The law is well settled that provisions relating to reservation cannot work to the disadvantage of a Meritorious Reserved Candidate. A Meritorious Reserved Candidate cannot be placed at a more disadvantageous position than a less Meritorious Reserved Category candidate. Candidates from amongst the reserved cate... | 1 | 6,441 | 2,914 | ### 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:
to be offered to general category candidates. This principle is not attracted in cases of medical admissions. 21. ... |
State Vs. Girdharlal Bajaj & Another | or salary in the service of an employer" .. .. .. ... .. .. ...It seems to us that the word "employee" as used in section 419 of the Indian Companies Act, has been used in contra-distinction to the word "employer" and that in the use of the word "employee" the legislature contemplated the existence of a relationship of... | 0[ds]9. The right which section 419 of the Indian Companies Act, confers upon the employee to see the Banks receipt for moneys or securities pertaining to his Provident Fund Account, is conferred upon him by theLooking to the language used in Sec.419, it would appear that the words of the section would ordinarily admit... | 0 | 3,845 | 1,296 | ### 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:
or salary in the service of an employer" .. .. .. ... .. .. ...It seems to us that the word "employee" as us... |
SUDRU Vs. THE STATE OF CHHATTISGARH | punishable under section 302 of the IPC and sentenced him to undergo imprisonment for life and to pay fine of Rs.500/- and in default of payment of fine to further undergo R.I. for one year. Being aggrieved thereby, appeal was filed before the High Court of Chattisgarh at Bilaspur. The High Court dismissed the appeal. ... | 0[ds]4. No doubt, in the present case all the witnesses who are related to the accused and the deceased have turned hostile. PW-1 Janki Bai, wife of the appellant and the mother of the deceased has also turned hostile. However, by now it is settled principle of law, that such part of the evidence of a hostile witness w... | 0 | 1,444 | 309 | ### 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:
punishable under section 302 of the IPC and sentenced him to undergo imprisonment for life and to pay... |
Gramophone Company Of India Ltd Vs. Birendra Bahadur Pandey & Ors | to be imported into the country only if there is an incorporation or mixing up of the goods imported with the mass of the property in the local area. In other words the High Court realized on the original package doctrine as enunciate by the American Court. Reliance was placed by the High Court upon the decision of thi... | 1[ds]It is difficult to agree with this submission thought it did find favour with the Division Bench of the Calcutta High Court, in the judgment under appeal. In the first place, the language of Sec. 53 does not justify reading the words imported for commerce for the words imported. Nor is t here any reason to assume ... | 1 | 9,744 | 968 | ### Instruction:
Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding.
### Input:
to be imported into the country only if there is an incorporation or mixing up of the goods imported with the mas... |
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