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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Avitel Post.Studioz Limited Vs. Hsbc Pi Holdings (Mauritius) Limited | is contrary to or excluded by that law or rules will not be applicable.23. In Harmony Innovation Shipping Limited v. Gupta Coal India Limited & Anr, (supra) the litigation was in respect of foreign seated international commercial arbitration. The issue arose was whether judgment referred in Bharat Aluminium Company v. ... | 0[ds]20. National Thermal Power Corporation Ltd. v. Singer Company (supra), is relied upon by appellants counsel by placing reliance on paras 237. It is contended that the normal practise would be the proper law of the arbitration agreement is generally the same as the proper law of the contract, and only in exceptiona... | 0 | 5,001 | 1,803 | ### 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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is contrary to or excluded by that law or rules will not be applicable.23. In Harmony Innovation Shipping Lim... |
State of Madras Vs. C.P. Agencies & Another | thereof are only matters of history set out as matters of inducement and are not, strictly speaking, parts of the cause of action on which this suit has been filed. The gist of the plaintiffs cause of action, as disclosed in the plaint, is for the recovery of godown rent for storing the goods agreed to be paid by the f... | 0[ds]Therefore, on a fair reading of the notice it may be said that the fact of the contract for the payment of the godown rent, the quantity of goods stored, the rate at which and the period for which the claim was made and the failure of the first defendant to pay the same are sufficiently stated so as to enable the ... | 0 | 2,240 | 156 | ### Instruction:
Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding.
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thereof are only matters of history set out as matters of inducement and are not, strictly speaking, parts of the ... |
Srei Infrastructure Finance Limited Vs. Tuff Drilling Private Limited | Bank Ltd. (supra) and Anil Sood v. Presiding Officer, Labour Court II, (2001) 10 SCC 534 , Patna High Court further laid down in Paragraph 39 as given below: 39. The two Supreme Court decisions under the Industrial Disputes Act are also a pointer in the direction that the arbitral tribunal must be held to have the powe... | 0[ds]12. The arbitration is a quasi judicial proceeding, equitable in nature or character which differs from a litigation in a Court. The power and functions of arbitral tribunal are statutorily regulated. The tribunals are special arbitration with institutional mechanism brought into existence by or under statute to d... | 0 | 6,571 | 2,895 | ### Instruction:
Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text.
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Bank Ltd. (supra) and Anil Sood v. Presiding Officer, Labour Court II, (2001) 10 SCC 534 , Patna High Court further laid ... |
Commissioner of Income Tax-III, Pune Vs. Sinhgad Technical Education Society | out to the contrary. It is for this reason the High Court has also given its imprimatur to the aforesaid approach of the Tribunal. That apart, learned senior counsel appearing for the respondent, argued that notice in respect of Assessment Years 2000-01 and 2001-02 was even time barred.19. We, thus, find that the ITAT ... | 0[ds]15. At the outset, it needs to be highlighted that the assessment order passed by the AO on August 7, 2008 covered eight Assessment Years i.e. Assessment Yearto Assessment YearAs noted above, insofar as Assessment Yearis concerned, same was covered under Section 147 of the Act which means in respect of that year, ... | 0 | 4,159 | 896 | ### Instruction:
Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction.
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out to the contrary. It is for this reason the High Court has also given its imprimatur to the aforesai... |
Pfizer (P) Ltd. Bombay Vs. The Workmen | that more than one shift was contemplated by the Standing Order. In this connection, we would not be prepared to uphold the extreme stand taken by both the parties. We cannot hold that because the standing order contemplates the adoption of more than one shift, it is entirely and absolutely in the discretion of the man... | 1[ds]This grievance is, however, not well-founded because it appears from the record that the appellant was willing to pay for night work and was prepared to consider extra payment for third shift, but the respondents were not agreeable to consider that proposal because they were, on principle, opposed to the introduct... | 1 | 8,053 | 3,372 | ### 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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that more than one shift was contemplated by the Standing Order. In this connection, we would not be prepared to uphold the... |
Maharashtra General Kamgar Union Vs. State of Maharashtra & Others | permission or refusal is not communicated by the authority within three months of the notice, the authority shall be deemed to have granted such permission on the expiry of the period of three months. Sub-Section (2) and (3) have to be read together because they prescribe the manner of granting or refusing permission i... | 0[ds]In our view, however, an enquiry under(2) has no relation to proceeding contemplated under) of sectionn (7) applies to a case where at the commencement of the Industrial Disputes (Amendment) Act, 1976 a dispute relating to retrenchment is inter alia pending before a conciliation officer. In such a dispute there sh... | 0 | 2,468 | 752 | ### 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:
permission or refusal is not communicated by the authority within three months of the notice, the autho... |
Savita Vs. Bindar Singh | of rise in prices which directly impacts the cost of living is minimal on the rich and maximum on those who are self-employed or who get fixed income/emoluments. They are the worst affected people. Therefore, they put extra efforts to generate additional income necessary for sustaining their families. *** *** *** 18. T... | 1[ds]6. After considering the decisions of this Court in Santosh Devi (supra) as well as Rajesh v. Rajbir Singh (supra), we are of the opinion that it is the duty of the Court to fix a just compensation. At the time of fixing such compensation, the court should not succumb to the niceties or technicalities to grant jus... | 1 | 2,419 | 800 | ### Instruction:
Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document.
### Input:
of rise in prices which directly impacts the cost of living is minimal on the rich and maximum on... |
Ishwar Nagar Coop House Building Society Vs. Parma Nand Sharma | contrasted to "become". Under Article 102(1) a person is disqualified for "being chosen as" and also for "being a member of either Houses of parliament" etc. The dichotomy there is between becoming a member and continuing to be a member of parliament. It is therefore, to be concluded that even under the 1962 bye-law No... | 1[ds]11. In view of the above position, it may be deduced that the power to frame rules given under s. 97(1) of the Act is not controlled by the list mentioned in sub section (2) and the Lt. Governor can make rules for any of the purposes of the Act. Asociety may be defined as a voluntary association of individuals com... | 1 | 6,381 | 2,074 | ### 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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contrasted to "become". Under Article 102(1) a person is disqualified for "being chosen as" and also for "being a member of ... |
Eureka Forbes Limited Vs. Allahabad Bank | its order dated 28th December, 2006 wherein it passed the order for refund of the amount. The concerned quarters in the Bank also failed to act despite the advertisement for sale of the hypothecated material given by the appellant on 12th March, 1988, whereafter the machines like CTC is said to have been sold at a thro... | 1[ds]We have already noticed that owing to the sale of goods, complete knowledge, that the goods were hypothecated to the Bank is attributable to the appellant and hence, they could not have sold the said goods without permission of the Bank. Admittedly nothing of this kind was done and the Bank was kept inis obvious f... | 1 | 13,395 | 2,797 | ### 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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its order dated 28th December, 2006 wherein it passed the order for refund of the amount. The concerned quart... |
Bajaj Auto Limited Vs. Company Law Board and Others | assumption that the figure of 25% had to be avoided by the respondent company.It is an admitted fact that even if the purchase of the shares was registered, the total percentage of the holdings of the appellants group would be short of 25%. the existing share holding, at that time, was 23.232% had the transfer of share... | 1[ds]As we see it the power of the Board of Directors to refuse registration of transfer of shares must be in the interest of the company and the general body of share holders. No doubt in the year, 1983, Section 82 of the Companies Act provided that the shares or other interest of any member in the company shall be mo... | 1 | 5,689 | 2,352 | ### 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:
assumption that the figure of 25% had to be avoided by the respondent company.It is an admitted fact th... |
Hatti Singh Vs. State of Haryana | PW-10, he went to Haridwar on 12.07.1995 and came back on 24.07.1995. He was not even informed about the fact that the deceased was missing. His statement, as noticed hereinbefore, was recorded only on 25.07.1995. He allegedly made a statement to the effect that the appellant and his associates were known to him. After... | 1[ds]e cannot be any doubt that conviction can be based on circumstantial evidence, but therefor the prosecution must establish that the chain of circumstances only consistently point to the guilt of the accused and in inconsistent with his innocence. Circumstances, as is well known, from which an inference of guilt is... | 1 | 3,388 | 423 | ### Instruction:
Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation.
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PW-10, he went to Haridwar on 12.07.1995 and came back on 24.07.1995. He was not even informed about the fac... |
Smt. Bhagwan Kaur Vs. State of Punjab and Others | provided.(2) Every tenant intending to acquire proprietary rights shall make an application in writing to the prescribed authority in the prescribed manner, containing the following particulars, namely -(a) the area and location of the land in respect of which the application is made;(b) the name of the landowner from ... | 0[ds]It was only on July 25, 1966, that application was made to the High Court for setting aside the abatement. This application was dismissed by the High Court on March 20, 1967. The High Court (Narula, J.) held that the application was barred by time as it was not accompanied by application under Section 5 of the Lim... | 0 | 2,709 | 742 | ### 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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provided.(2) Every tenant intending to acquire proprietary rights shall make an application in writing ... |
Rameshwar Dayal Vs. Indian Railway Construction Co. Ltd. & Others | preferred LPA No. 294 of 2000. The Division Bench of the High Court by a common order dated 14th February, 2006 dismissed the appeals preferred by the appellants against rejection of their claim of higher emoluments but the appeal filed by the IRCON against the direction to regularize the services of appellant Rameshwa... | 0[ds]We do not find any substance in the submission of Mr. Khadaria and the reliance placed by him on the decisions of the Board of Directors of the IRCON dated 3rd March, 1982 and 10th January, 1983 are misconceived and have no bearing so far as the claim of emoluments is concerned. Undisputedly, emoluments of these a... | 0 | 2,369 | 369 | ### 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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preferred LPA No. 294 of 2000. The Division Bench of the High Court by a common order dated 14th February, 20... |
Shivanand Gaurishankar Baswanti Vs. Laxmi Vishnu Textile Mills & Others | and cannot be regarded as illegal or otherwise unreasonable. EQUITABLE JURISDICTION UNDER ARTICLE 136 49. There is one more reason for not interfering with the order passed by the High Court and impugned in the present appeal. The appellant has invoked Article 136 of the Constitution. The said Article does not confer a... | 0[ds]MERITS OF THE MATTER18. On merits also, we find no substance in the contention raised by the learned counsel for the appellant. From the record, it is clear that from eighties the respondent No. 1- Company was in financial doldrums. Day-by-day, the position deteriorated and it had incurred heavy losses. So much so... | 0 | 11,041 | 2,343 | ### 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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and cannot be regarded as illegal or otherwise unreasonable. EQUITABLE JURISDICTION UNDER ARTICLE 136 49. There i... |
DR. J. VIJAYAN & OTHERS Vs. THE STATE OF KERALA & OTHERS | present. In the above context, it is necessary to notice that as per letter No. F.1- 7/2010-U.II dated 14.08.2012 of the MHRD (a copy of which has been handed over to us by the Counsel in the Court), it has been clarified that the issue regarding age of retirement has been left to the decision of the State Governments.... | 0[ds]25. The Single Bench found, and in our view rightly, that there was no change in the law after the judgment of this Court in Jagdish Prasad Sharma (supra).26. The Single Bench rightly noted that what was in issue before the Full Bench was Section 26 of the University Grants Commission Act and the Regulations frame... | 0 | 4,961 | 1,708 | ### 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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present. In the above context, it is necessary to notice that as per letter No. F.1- 7/2010-U.II date... |
RAMESHWAR AND ORS Vs. STATE OF HARYANA & ORS | Rs. 15 crores and was entitled to a share of receipts of developed units sold. 38. The main judgment of this Court has carefully considered and gone into great lengths to examine the file notings which led to the final decision of the State not to acquire such lands. In the case of Frontier, the records clearly demonst... | 0[ds]In these cases, undoubtedly transfer of such rights was done after the lands were notified under Section 4 (except in the case of Karma where apart from the original development agreement dated 16.02.2004, a supplementary agreement was entered later into on 24.12.2006). Additionally, soon after the collaboration a... | 0 | 12,181 | 8,776 | ### 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:
Rs. 15 crores and was entitled to a share of receipts of developed units sold. 38. The main judgm... |
The Vice-Chancellor, Utkaluniversity And Others Vs. S. K. Ghosh And Others | Compagnie De Mayville v. Whitley, 1896-1 Ch 788 (C), and - Parker and Cooper ltd. v. Reading, 1926-1 Ch 975 (D); also, in the present case one of the items in the agenda of both notices was "other matters, if any".But it is not necessary to go into that because in this case these members did in fact attend one or other... | 1[ds]The substance is more important than the form and if there is substantial compliance with the spirit and substance of the law we are not prepared to let an unessential defect in form defeat what is otherwise a proper and valid resolution. We, however, confine our remarks to the facts of this case where there was a... | 1 | 2,731 | 534 | ### 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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Compagnie De Mayville v. Whitley, 1896-1 Ch 788 (C), and - Parker and Cooper ltd. v. Reading, 1926-1 Ch 97... |
The State Of Rajasthan Vs. Nath Mal And Mitha Mal | what respects clause 25 can be said to be void as violating Part III of the Constitution. The clause authorises the Commissioner and various other authorities mentioned therein and such other officers as may be authorised by the Commissioner to freeze any stock of food grains held by a person. It is true that the autho... | 0[ds]4. The Commissioner, the Director, the Deputy Commissioner, the Nazim, the Assistant Commissioner, the Sub-Divisional Officer, or the Senior Officer of the jurisdictional Thikana as the case may be, may direct any person or persons in possession, whether on his own behalf or not of any foodgrains to sell such food... | 0 | 1,684 | 495 | ### Instruction:
Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text.
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what respects clause 25 can be said to be void as violating Part III of the Constitution. The clause authorises the Commi... |
Prakash Mahadeo Godse Vs. State of Maharashtra | interfere with the findings of fact reached by the High Court.6. We have now to see whether all or any of the circumstances enumerated above are incriminating in character and what is the cumulative effect of the proved circumstances.7. The fact that the accused went to the house of the grandmother of the deceased at a... | 1[ds]3. The case against the appellant rests entirely on circumstantial evidence. Therefore we have first to see whether the circumstances put forward have been satisfactorily established. Next we have to see whether all or any of those circumstances are incriminating in character and whether the proved circumstances a... | 1 | 2,048 | 1,634 | ### 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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interfere with the findings of fact reached by the High Court.6. We have now to see whether all or any of the cir... |
Hansraj Gordhandas Vs. H. H. Dave, Assistant Collector Of Central Excise | owned by the Co-operative Society or on powerlooms allotted to its members and it was not a relevant consideration as to who produced or manufactured such fabrics, whether it was the Society itself or its members or even outsiders. It was conceded by the appellant that it was the owner of the cotton fabrics. But even u... | 1[ds]In our opinion the argument of the appellant is well founded and must be accepted as correct. The notification dated July 31, 1959 grants exemption to "cotton fabrics produced by any Co-operative Society formed of owners of cotton powerlooms which is registered or which may be registered on or before March 31, 196... | 1 | 3,017 | 592 | ### 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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owned by the Co-operative Society or on powerlooms allotted to its members and it was not a relevant consideration as to who... |
Gamini Krishnayya And Others Vs. Curza Seshachalam And Others | otiose. If that was the intention, the words interest outstanding would serve the purpose as well. The word all, therefore, cannot be ignored and must be given a meaning. It indicates that the entire interest, which a debt earned, is scaled down."19. The next decision referred to is that in Mansoor v. Sankarapandia, IL... | 0[ds]In one sense he is right because S. 13 also provides for the staling down of interest due on a debt incurred after the commencement of the Act. But it has to be borne in mind that a debt incurred after the commencement of the Act will not cease to be a debt incurred after October 1, 1932. It is common place that e... | 0 | 6,932 | 2,534 | ### 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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otiose. If that was the intention, the words interest outstanding would serve the purpose as well. The word a... |
M/S. Bharat Sugar Mills Ltd Vs. Shri Jai Singh And Others | in the go slow was not established. Without knowing full the circumstances under which those other 13 were taken back to work it is not proper to hold that there has been any discrimination against these 21.Learned for the respondents next contended that mala fide and victimisation were writ large on the conduct of the... | 1[ds]Reports by some officers of the company were taken into consideration but it does not appear that the contents of these reports were read out and explained to the workmen. The persons whose reports were thus considered were present at the enquiry, but even so it does not appear that the workman was given an opport... | 1 | 5,737 | 1,956 | ### 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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in the go slow was not established. Without knowing full the circumstances under which those other 13 were taken back to wo... |
THE COMMERCIAL TAX OFFICER AND ANR Vs. MOHAN BREWARIES AND DISTRILLERIES LIMITED | Cements Limited, the circular in question was not found to be in conflict with any statutory provision or the applicable schemes and, therefore, the same was held binding on the adjudicating authority in the following words: – 30. In the present case, it is not the case of the Revenue that the Circular dated 1-5-2000 i... | 1[ds]17.2. As noticed, Section 7-A was inserted in the Tamil Nadu Act with effect from 27.11.1969. This provision has undergone several amendments from time to time but, for the present purpose, its sub-section (1), as examined by this Court in the judgment dated 15.07.1975 in the case of M.K. Kandaswami (supra) and th... | 1 | 33,632 | 10,364 | ### 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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Cements Limited, the circular in question was not found to be in conflict with any statutory prov... |
Union of India (UOI) and Ors Vs. Raj Kumar Anand and Ors | (where applicable) which is higher than the stage in the revised pay band at which the pay of a government servant who was drawing pay at the next higher stage or stages in the same existing scale is fixed, the pay of the latter shall also be stepped up only to the extent by which it falls short of that of the former. ... | 0[ds]12. It is not in dispute that the ACP was granted to the Respondent between 01.01.2006 and 29.8.2008 i.e., the date of notification of Rules 2008. It was granted w.e.f. 10.8.2006 vide order dated 25.4.2008. Thus, the benefit of upgraded pay scale was given to the Respondent in between the aforesaid dates13. Once h... | 0 | 2,647 | 553 | ### 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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(where applicable) which is higher than the stage in the revised pay band at which the pay of a government s... |
Tvl. Ramco Cement Distribution Company Private Limited v. State of Tamil Nadu Vs. Messrs Dalmia Cement (Bharat) Limited | of goods sold. The conditions of the rule not having been complied with, the appellant was not entitled to the deduction in respect of freight." * 12. The same conclusion was reached by this Court in Dyer Meakin Breweries Ltd. v. State of Kerala( 1970 (3) SCC 253 : 1970 (26) STC 248 ) . Here, the appellant-company, whi... | 1[ds]8. For the reasons mention above, we are of the opinion that the High Court was fully justified in applying the decision in Hindustan Sugar Mills Ltd.( 1978 (4) SCC 271 : 1978 SCC(Tax) 225 : 1979 (43) STC 13 ) to the present case and denying the benefit of deduction of freight charges from the controlled price to ... | 1 | 5,788 | 2,238 | ### 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.
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of goods sold. The conditions of the rule not having been complied with, the appellant was not entitled to the deduction in ... |
Bharathi Knitting Company Vs. Dhl Worldwide Express (Courier Division of Airfreight Limited ) | and limited their liabilities, the question arises : whether the State Commission or the National Commission under the Act could give relief for damages in excess of the limits prescribed under the contract? 4. It is true that the limit of damages would depend upon the terms of the contract and facts in each case. In A... | 0[ds]We find no force in the contention.It is true that the Act is a protective legislation to make available inexpensive and expeditious summary remedy. There must be a finding that the respondent was responsible for the deficiency in service, the consequence of which would be that the appellant had incurred the liabi... | 0 | 1,713 | 465 | ### 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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and limited their liabilities, the question arises : whether the State Commission or the National Commission under the Act... |
Hamilton and Company Private, Limited Vs. Its Workmen | demanded two months further wages as bonus on the ground that large profits had been made by the appellant in the year in question. Consequently a reference was made by the Government of West Bengal the tribunal for decision of the question whether any additional bonus, if so, what was payable to the respondents. The t... | 0[ds]In that case it was apparently held that amounts earned as interest on investments must be treated as unrelated to the employees efforts and as such employees could not claim any shares in such income; and therefore income by was of interest on investments made from reserves must be deducted from gross profits for... | 0 | 1,130 | 181 | ### 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:
demanded two months further wages as bonus on the ground that large profits had been made by the appellant i... |
Employees State Insurance Corporation Vs. Shalimar Tar Products Limited | the factory, some other items are also requires for carrying out the water-proofing contracts and these materials, which are not produced by the factory, are purchased from outside in bulk. It is in the background of these facts that we have to decide whether the Mistries, supervisors and casual labourers whom the comp... | 0[ds]According to the appellants (the Employees State Insurance Corporation), the workers who are employed by the company oncontracts outside the factory fall within the definition of "employee". Although they do not fall under the direct definition at the work "employee" as mentioned in Clauses (i), (ii) and (iii) of(... | 0 | 2,131 | 1,536 | ### 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 factory, some other items are also requires for carrying out the water-proofing contracts and these materials... |
Sarat Chandra Roy Vs. Harak Chand Damani & Another | Hegde, J. 1. This appeal by special leave arises from insolvency proceedings initiated by the first respondent Petitioning Creditor on the original side of the Calcutta High Court against the appellant. No other creditor had either joined the proceedings or was a party thereto. Excepting the fact the petitioner alleged... | 1[ds]The Court directed the appellant that if he paid to the petitioning creditor Rs.28, 186.40 p. by 2nd December, 1964 and the balance with interest by June 30, 1963, the order of adjudication would be set aside. On the same day i.e. September 23, 1964 the appellant paid to the petitioning creditor Rupees 28, 186.49 ... | 1 | 605 | 432 | ### 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:
Hegde, J. 1. This appeal by special leave arises from insolvency proceedings initiated by the first res... |
National Insurance Co. Ltd Vs. Rekhaben and Ors | must have a nexus or relation with the accidental injury or death, in order to be deductible from the amount of compensation. Hence, this Court refused to deduct the said amount from the amount of compensation receivable on account of the motor accident.The facts of the case in Vimal Kanwar and Ors. v. Kishore Dan & Or... | 0[ds]In the facts and circumstances of the case, this Court took the view that the salary which flowed from the compassionate appointment offered by the tortfeasor, was liable to be deducted from the compensation which was payable by the same employer in his capacity as the owner of the offending vehicle. We find this ... | 0 | 3,517 | 674 | ### 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:
must have a nexus or relation with the accidental injury or death, in order to be deductible from the amount of compensatio... |
Raja Ganga Pratap Singh Vs. The Allahabad Bank Ltd., Lucknow | the impugned portion of the definition infringed Art. 14 of the Constitution as it made an arbitrary distinction between several classes of debtors and was therefore invalid, but he held that it was not necessary for the disposal of the case to decide such question of invalidity because even if it was decided in favour... | 1[ds]7. The courts below held that in either view of the question of the validity of the impugned portion of the definition of a "debt" the appellant would be without the remedy which he sought, because that portion of the definition was not severable from the rest, and therefore it was not necessary to decide that que... | 1 | 1,714 | 309 | ### Instruction:
Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding.
### Input:
the impugned portion of the definition infringed Art. 14 of the Constitution as it made an arbitrary distinction b... |
Beohar Rajendra Sinha & Ors Vs. State Of M.P. & Ors | with regard to 1/5th share in nazul plots Nos. 34/3, 33 and 171/1 mentioned in the Deputy Commissioners order dated 7th May, 1948 in Revenue Case No. 9/45-46. It was argued on behalf of defendant No. 1 that there was no evidence to show that the plaintiffs were in possession of the land from 1909 to 1932, and the plain... | 0[ds]On behalf of defendant No. 1 it was contended by Mr. Shroff that at the time of giving notice the plaintiff and the second defendant were joint and plaintiff No. 1 Raghubir Singh was karta of the joint family. The notice was given on 11th January, 1954 and the suit was instituted on 20th July, 1954. It was admitte... | 0 | 4,897 | 2,301 | ### Instruction:
Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text.
### Input:
with regard to 1/5th share in nazul plots Nos. 34/3, 33 and 171/1 mentioned in the Deputy Commissioners order dated 7th M... |
Income Tax Officer, Madras Vs. S. K.Habibullah, Madras | when the assessment of the firm is completed before the 1st of April, 1952. The Legislature has given to cl. (5) a partial retrospective operation. The provision enacted by cl. (5) is not procedural in character: it affects vested rights of the assessee. Therefore in the absence of compelling reasons the court would no... | 0[ds]The orders of assessment are, subject to the provisions relating to appeals, revisions, reassessment and rectification, final: it is not open to the Income-tax Officer to reopen the assessment because he thinks fit to do so. The provisions relating to assessments and rectification or reopening thereof are exhausti... | 0 | 3,027 | 991 | ### 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:
when the assessment of the firm is completed before the 1st of April, 1952. The Legislature has given... |
Laxman Balwant Bhopatkar ( Since Deceased ) By Anothe Vs. The Charity Commissioner, Bombay | laws to change them at their pleasure, when circumstances may seem to require. With the wisdom of the proposed change the courts are not concerned. We perform our duty in determining whether or not the method adopted to make the change violates established law. In the present case we find no apparent intent to violate ... | 1[ds]Analysing the provisions of the clause it would be seen that the prime object of the trust was the fulfilment of the basic purpose which animated the activities of the late Lokmanya and which he sought to accomplish through the two news-papers - Kesari and Mahratta after he took charge of them. This has to he read... | 1 | 22,023 | 4,521 | ### 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:
laws to change them at their pleasure, when circumstances may seem to require. With the wisdom of the... |
M. Mayandi Vs. Director, Tamil Nadu State Transport Corporation | 1. The appellant who was employed as a driver in Tamil Nadu State Transport Department in the city of Madras was suspended from duty pending inquiry into certain charges leveled against him following an incident that took place on August 19, 1970. The charges were that he -1. refused to pick up intending passengers;2. ... | 1[ds]The view taken by the Division Bench appears to rest on the answers given by the Checking Inspector to certain questions put to him onIn reply to one question the Checking Inspector said : "You had stopped the other two buses". It was not noted, however, that the drivers of the said buses had denied that they were... | 1 | 632 | 215 | ### 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. The appellant who was employed as a driver in Tamil Nadu State Transport Department in the city of Madr... |
VISHAL ASHOK THORAT Vs. RAJESH SHRIRAMBAPU FATE | may be laid on different grounds. There may be cases where seniority is claimed against individual person on specific facts, it might be necessary to implead those persons but there may be cases where non-impleadment of person in seniority dispute may not be fatal. The present is a case of recruitment and selection, wh... | 1[ds]32. The direction in paragraph 51 of the impugned judgment clearly directed the select list to be re-drawn by including only those candidates who fulfill the requirements of practical experience and driving licence as prescribed by the Central Government i.e. as substantive part of Rule 3(iii) and Rule 3(iv) of Ru... | 1 | 7,802 | 1,565 | ### 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:
may be laid on different grounds. There may be cases where seniority is claimed against individual person on speci... |
Delhi Administration Vs. Mohd. Iqbal | Ray, J. 1. This appeal is by certificate under Article 132 (i) and Article 134(i)(c) of the Constitution against the judgment, dated August 2, 1965, of the Circuit Bench of the Punjab High Court at Delhi. The certificate was given on the principal ground whether the respondent had migrated to Pakistan or was a citizen ... | 1[ds]8. This Court in Kulathil Mammoo v. The State of Kerala, ((1966) 3 SCR 706 ) held that in Shanno Devis case (supra), the word migrated had received the narrow connotation of going from one place to another with the intention of residing permanently in the latter place, but in its wider connotation it meant going f... | 1 | 1,099 | 279 | ### 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:
Ray, J. 1. This appeal is by certificate under Article 132 (i) and Article 134(i)(c) of the Constitution agai... |
Venus Traders Vs. South Assam Carriers (P.) Limited | 1989 till payment against Respondent No. 1 (hereinafter referred to as Carriers ). The facts as appear from the record are that the Complainant-Appellant has obtained a Open Policy covering `all risks from the said Insurance Company. The Complainant-Appellant, entrusted at Erode one consignment of 135 bags of turmeric ... | 0[ds]( 6 ) WE have heard the learned Counsel appearing for both the parties and carefully gone through the records of the case. We are of the opinion that the findings arrived at by the State Commission are unassailable. No evidence was produced by the Appellant before the State Commission to show that the consignment ... | 0 | 1,197 | 221 | ### 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:
1989 till payment against Respondent No. 1 (hereinafter referred to as Carriers ). The facts as appear from t... |
Chetumal Vs. State of Madhya Pradesh and Another | CHINNAPPA REDDY, J.1. Part of the sample of groundnut oil purchased by the Food Inspector from the appellant was found to be adulterated by the Public Analyst. According to the report of the Public Analyst the Bytyro-refractometer reading at 40 degree C was 57.5 instead of the prescribed standard, "54.0 to 57.1." The a... | 1[ds]2. It is clear that the conviction cannot stand. Under Section 13(3) of the Prevention of Food Adulteration Act, the report of the Public Analyst stood superseded by the certificate issued by the Director of the Central Food Laboratory. Having been so superseded, the report of the Public Analyst could not, therefo... | 1 | 502 | 209 | ### Instruction:
Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages.
### Input:
CHINNAPPA REDDY, J.1. Part of the sample of groundnut oil purchased by the Food Inspector from the appella... |
Commnr. Of Customs Excise, New Delhi Vs. M/S. Living Media(India) Ltd | 9(1)(c) the cost of technical know-how is included if the same is to be paid, directly or indirectly, as a condition of the sale of imported goods. At this stage, we would like to emphasize the word indirectly in Rule 9(1)(c). As stated above, the buyer/importer makes payment of the price of the imported goods. He also... | 0[ds]Royalties and license 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 royal... | 0 | 4,323 | 430 | ### 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:
9(1)(c) the cost of technical know-how is included if the same is to be paid, directly or indirectly, as a condition of t... |
Vineshkumar Mavjibhai Parmar Vs. Dethali Gopalak Vividh Karyakari Sahakari Mandali Ltd. | (in the context of the present case, even the byelaws of the society). The existence or lack of such rights and functions depend upon the scheme and tenor of the SOCIETIES ACT and the subordinate legislation made thereunder. Such rights and functions are put an end to only by the operation of law i.e., the SOCIETIES AC... | 0[ds]24. The legislature of Gujarat by Section 11(1) of the MARKETS ACT conferred on the OFFICERS of a class of CREDIT SOCIETIES an additional function of electing members of the market committees. Such function is neither conferred on the OFFICERS of all the societies functioning under the SOCIETIES ACT nor such funct... | 0 | 4,336 | 620 | ### Instruction:
Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages.
### Input:
(in the context of the present case, even the byelaws of the society). The existence or lack of such right... |
Commissioner of Income-Tax, West Bengal Vs. Isthmian Steamship Lines | 1940-41. The Appellate Assistant Commissioner of Income-tax answered the question in the negative and gave two reasons for not giving effect to the contention of the assessee. Firstly, he pointed out that in the course of the assessment for the year 1940-41, the question whether the unabsorbed depreciation remaining at... | 1[ds]In our opinion, this question has been rightly answered by the High Court in favour of the assessee6. It will be observed that we are here concerned with to datum lines : (1) the 1st of April, 1940, when the Act came into force and (2) the 1st of April, 1939, which is the date mentioned in the amended proviso. The... | 1 | 2,174 | 657 | ### 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:
1940-41. The Appellate Assistant Commissioner of Income-tax answered the question in the negative... |
Union Bank of India Vs. Khader International Construction | party ordered by the decree to pay the same. It is further provided that when the suit is dismissed, then also the State would take steps to recover the court fee payable by the plaintiff and this Court fee shall be a first charge on the subject matter of the suit. So there is only a provision for the deferred payment ... | 0[ds]21. Therefore, the word `person has to be given its meaning in the context in which it is used. It refers to a person who is capable of filing a suit and this being a benevolent provision, it is to be given an extended meaning. Therefore, we are of the view that a public limited company, which is otherwise entitle... | 0 | 3,594 | 95 | ### 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:
party ordered by the decree to pay the same. It is further provided that when the suit is dismissed, then al... |
ASSOCIATION OF MEDICAL SUPER SPECIALITY ASPIRANTS AND RESIDENTS Vs. UNION OF INDIA | and peace. The International Covenant on Economic, Social and Cultural Rights (ICESCR) recognizes the right of every person to the enjoyment of the highest attainable standard of physical and mental health. ICESCR mandates the States Parties to achieve full realization of the aforementioned right through the creation o... | 0[ds]n of the StateEntry 66 of List I of the 7 th Schedule to the Constitution refers to coordination and determination of standards in institutions for higher education or research and scientific and technical institutions. Entry 25 of List III of the 7 th Schedule deals with education, including technical education, ... | 0 | 9,339 | 1,302 | ### 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 peace. The International Covenant on Economic, Social and Cultural Rights (ICESCR) recognizes the right o... |
Mangala Waman Karandikar (D) TR. LRS Vs. Prakash Damodar Ranade | taken place over century. Without going into extensive study of precedents, in short, we may only state that the path and development of law of interpretation has been a progress from a stiff formulism to a strict rationalism.(Wigmore JH, Wigmore on Evidence, Vol. 4 (1915) 25 The Yale Law Journal 163.) 11. It is clear ... | 1[ds]9. Having heard both the parties at some length, at the outset before we analyse this case, we need to observe some principles on contractual interpretation. Unlike a statutory interpretation, which is even more difficult due to assimilation of individual intention of law makers, contractual interpretation depends... | 1 | 3,066 | 777 | ### 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:
taken place over century. Without going into extensive study of precedents, in short, we may only... |
Rajendra Narain Singh and Others Vs. State of Bihar and Others | basis of the date of appointment, officiating or permanent, whichever is earlier, in the Bihar Police in the light of Finance Department Resolution No. 3521 dated 11-4-77 and judgment of the High Court in C.W.J.C. No. 2011 /76.. "8. In the context of the present controversy two important facts which have to be kept in ... | 1[ds]It is well settled that in the absence of any legislation on the subject, or a rule framed under the Proviso to Article 309 of the Constitution, the State Government can regulate its public services in the exercise of its executive power. (see B. N. Nagarajan v. State of Mysore and Sant Ram Sharma v. State of Raja... | 1 | 2,921 | 698 | ### 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:
basis of the date of appointment, officiating or permanent, whichever is earlier, in the Bihar Police in the light of Finan... |
Hemant Kumar Verma & Ors Vs. Employees State Insurance Corporation & Ors | of reduced Bond period & Bond amount in lieu, would also be extended to (i) all existing students (MBBS/BDS); (ii) Fresh UG (MBBS/BDS) pass-outs; and (ii) UG (MBBS/BDS) pass-outs already serving ESIC under Bond. 2.2 In case of pass-outs already serving under Bond, if the length of service rendered is in excess of 01 ye... | 0[ds]7. The petitioners completed their undergraduate courses from ESIC medical/dental colleges and have already served out their one year compulsory bond period. The reduction in the bond period which was brought about on 28 July 2020 was also extended to all existing students as well as undergraduate (MBBS/BDS) pass-... | 0 | 1,736 | 654 | ### 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:
of reduced Bond period & Bond amount in lieu, would also be extended to (i) all existing students (MBBS/BDS); (ii)... |
Mohmedalli & Others Vs. Union of India & Another | the executive, it cannot be said that there was excessive delegation of powers by the legislature. On the other hand, if a review of all those facts and circumstances and the provisions of the statute, including the preamble, leaves the Court guessing as to the principles and standards, then the delegate has been entru... | 0[ds]It would appear from the terms of the relevant portion of S. 17 that the exemption to be granted byte appropriate Government is not in the nature of completely absolving the establishments from all liability to provide the facilities contemplated by the Act. The exemptions are to be granted by the appropriate Gove... | 0 | 4,673 | 535 | ### Instruction:
Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction.
### Input:
the executive, it cannot be said that there was excessive delegation of powers by the legislature. On t... |
Tika Ram Vs. Mundikota Shikshan Prasarak Mandal and Others | VENKATARAMIAH, J.1. Special Leave granted.2. In the year 1975 the appellant was working as the Head Master of a High School which was being run by the Mundikota Shikshan Prasarak Mandal, respondent No. 1, which was a private body. On account of certain earlier events which need not be set out here the management instit... | 1[ds]In the instant case the appellant is seeking a relief not against a private body but against an officer of Government who is always amenable to the jurisdiction of the Court. The appellant has merely sought the quashing of the impugned order dated November 26, 1976 passed by the Director on review setting aside th... | 1 | 1,012 | 417 | ### 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:
VENKATARAMIAH, J.1. Special Leave granted.2. In the year 1975 the appellant was working as the He... |
M. Ramnarain Private Ltd. And Anr Vs. State Trading Corporation Of India Ltd | clearly manifested its intention of preferring an appeal against the decree by causing the necessary requisition for the certified copy of the decree and judgment to be filed. The stakes involved in the suit of the defendant appellant were very high and the judgment and the decree in the suit had gone against the defen... | 1[ds]Though by virtue of the provisions of the Original Side Rules of the Bombay High Court the earlier appeal could be permitted to be filed without a certified copy of the decree or order, the appeal would not be valid and competent unless the further requirement of filing the certified copy had been complied with. A... | 1 | 13,405 | 1,850 | ### 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:
clearly manifested its intention of preferring an appeal against the decree by causing the necessary ... |
State Of H.P Vs. Ashwani Kumar | as he may deem fit and select the land for him in the manner specified in sub-section (1) of section 8.(3) If such person fails to furnish the declaration, the provisions of (Section 9) shall apply.(4) The excess land of such person shall be at the disposal of the State Government for utilization as surplus area under ... | 1[ds]22. We make it clear that to maintain certainty in the judicial decision, we have to restrain from interfering with the decision of the High Court which has stood for a long period on the principle of stare decisis. However, the said principle will be applicable where the meaning of the Statute is ambiguous and ca... | 1 | 4,575 | 212 | ### 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:
as he may deem fit and select the land for him in the manner specified in sub-section (1) of section 8.... |
Director Of Income Tax(Exempn)N.Delhi Vs. Raunaq Education Foundation | 12) On the other hand, the learned counsel appearing for the assessee submitted that no illegality or irregularity of whatsoever type was committed by the assessee trust and he had relied upon the reasons recorded by the Income Tax Appellate Tribunal so to substantiate his case. He further submitted that the post dated... | 0[ds]In the case before us none of the cheques has been dishonoured on presentation and payment cannot, therefore, be said to have been defeated by the happening of the condition subsequent, namely dishonour byand that being so there can be no question, therefore, that the assessee did not receive payment by the receip... | 0 | 2,191 | 255 | ### 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:
12) On the other hand, the learned counsel appearing for the assessee submitted that no illegality or irregularity of whats... |
Commnr. Of Customs, Kandla Vs. M/S. Essar Oil Ltd. | has quoted from In re Nice & Schreiber 123 F. 988 to give a plausible meaning for the said word. He says, the expression reasonable is a relative term, and the facts of the particular controversy must be considered before the question as to what constitutes reasonable can be determined." 43. From the factual scenario d... | 1[ds]So far as Issue No.3 is concerned, in view of the operative portion of the order of the Commissioner was to the effect that the goods valued at Rs. 599,26,00046 was to be confiscated under Section 111(j) of the Act as the imported goods except good worth Rs. 73.93 crores which were covered by corporate guarantee. ... | 1 | 7,987 | 1,585 | ### 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:
has quoted from In re Nice & Schreiber 123 F. 988 to give a plausible meaning for the said word. He says, the expression r... |
Wadhya Mal Vs. Prem Chand Jain and Another | Desai, J.1. Special leave to appeal granted.2. We heard learned counsel Mr. O.P. Verma for the appellant, learned counsel Mr. J.P. Goyal for respondent 1 and learned counsel J.L. Nain for respondent 2. The only point involved in this appeal at this stage is that the present appellant who had preferred an appeal against... | 1[ds]3. The award was made by Second Additional Motor Accidents Claims Tribunal, Meerut on March 31, 1977. Appellant was the owner of the truck involved in the accident in which respondent 1 was injured. Respondent 1 preferred First Appeal 266 of 1977 against the aforementioned award. Respondent 2insurer, preferred Fir... | 1 | 515 | 130 | ### 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:
Desai, J.1. Special leave to appeal granted.2. We heard learned counsel Mr. O.P. Verma for the appellant, le... |
Hari Shankar Gaur And Anr. Etc Vs. Delhi Transport Corporation And Ors | State Civil Service Rules are concerned, a copy of it in Hindi has been filed by the petitioners with the English translation thereof. It is not disputed that these were the rules governing the civil servants in the Gwalior State. It is also not disputed that GNIT Company was originally a Company incorporated in India... | 1[ds]We are told similar notices were issued to other employees as well. That means the Corporation was under the impression that the petitioners have no right to continue beyond the age of 58 years.8. We are, therefore, of the opinion that the persons who originally were in the employment of GNIT and were employed pri... | 1 | 1,557 | 109 | ### 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:
State Civil Service Rules are concerned, a copy of it in Hindi has been filed by the petitioners with the English translat... |
Regional Provident Fund Commissioner Vs. Shiv Kumar Joshi | for recording of administration expenses of the Fund is required to be kept under Para 49. Para. 52 deals with the investment of monies belonging to employees provident fund and provides that such monies be deposited in the Reserve Bank or the State Bank of India or in such other scheduled banks as may be approved by t... | 0[ds]A perusal of the scheme unambiguously shows that it is for consideration which is applicable to all those factories and establishments covered under the Act and the scheme who are required to become a member of the Fund under the scheme. Para 26 provides that every connection with in any work of the factory or oth... | 0 | 5,685 | 1,242 | ### Instruction:
Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding.
### Input:
for recording of administration expenses of the Fund is required to be kept under Para 49. Para. 52 deals with the investm... |
M/S. A. C. Estates Vs. M/S. Serajuddin & Co. And Another | Act. 10. This takes us to the order of August 9, 1956. We have already set out S. 16(3) and there is no doubt that it consists of two parts. Under the first part, the Controller has to declare by order that the tenants interest in so much of the premises as has been sublet has ceased and the sub-tenant has become a ten... | 0[ds]8. We are of opinion that the appeal must fail. There is a clear finding of the Controller that the respondent was inducted as a sub-tenant by Po in June, 1954. At that time, the appellant had not even given notice to Po determining his tenancy. It was only in July, 1954 that notice was given to Po determining the... | 0 | 3,296 | 1,521 | ### 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:
Act. 10. This takes us to the order of August 9, 1956. We have already set out S. 16(3) and there is no doubt that it cons... |
Kakumanu Peda Subbayya Andanother Vs. Kakumanu Akkamma And Another | to them. But that is only when the family is joint, and so where there is disruption of the joint status, there can be no question of the right of a karta of a joint family as such to act on behalf of the minor, and on the authorities, a partition entered into on his behalf by a person other than his father or mother w... | 0[ds]5. On the first question, the contention of the appellants is that is the pure question of fact whether the institution of a suit is for the benefit of a minor or not, and that a finding of the Courts below on that question is not liable to be interfered with in second appeal. But it must be observed that the find... | 0 | 5,595 | 786 | ### Instruction:
Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding.
### Input:
to them. But that is only when the family is joint, and so where there is disruption of the joint status, there can be no ... |
NEMAI CHANDRA DEY (DEAD) THROUGH LRS Vs. PRASANTA CHANDRA (DEAD) THROUGH LRS. & ANR | noticed, the scheme of the Constitution, inter alia, is that the findings of fact are ordinarily to attain finality at the hands of the Court of Appeal and it is only on substantial questions of law that the High Court can interfere in the findings of the first Appellate Court. Therefore, apart from reiterating that it... | 1[ds]14. As we have noticed, the High court has proceeded on the basis that the consideration by the first appellate Court to the findings of the trial Court constituted concurrent findings as if this is a case where the first appellate Court has discharged its duties and given its approval to the trial Court findings.... | 1 | 2,227 | 428 | ### 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:
noticed, the scheme of the Constitution, inter alia, is that the findings of fact are ordinarily to attain... |
Fatima Riswana Vs. State Rep. By A.C.P., Chennai | solely on the ground that the V Fast Track Court is presided over by a lady Officer. At any rate, it is contended that when the appellant brought to the notice of the court the problems faced by her in view of the transfer of the said case to a court presided over by a male Presiding Officer the High Court ought to hav... | 1[ds]10. The last of the argument pertaining to the issuance of copies of CDs need not be gone into in this appeal because same does not arise in this appeal. We are also told that the respondents have already filed another SLP challenging that part of the High Court order by which they were denied the copies of the CD... | 1 | 2,268 | 819 | ### 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:
solely on the ground that the V Fast Track Court is presided over by a lady Officer. At any rate, it is cont... |
Hindustan Construction Company, Limited Vs. G. K. Patankar and Another | Gupta, J.1. Following a settlement with the workers employed in their different branches, the appellant, Hindustan Construction Co. Ltd., (referred to hereinafter as the company), paid to these workers an amount equivalent to 6% of their total earnings for the financial year ending 31st July, 1971, in addition to bonus... | 0[ds]It appears that the company had spent about Rs. 20 lakhs in giving this additional relief to the workers at the branches numbering about 13, 000. The workmen at the head office are much fewer in number and thefiled in this Court on their behalf states that extending the benefit to them would cost the company only ... | 0 | 889 | 210 | ### 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:
Gupta, J.1. Following a settlement with the workers employed in their different branches, the appellant, H... |
S.Suresh Vs. Oriental Insurance Co.Ltd. | 1. Leave granted. 2. Challenge in this appeal is to the judgment and order dated 23rd July, 2007 rendered by a Division Bench of the Karnataka High Court, whereby the principal amount of compensation of Rs. 5,20,584/-, awarded by the Commissioner for Workmens Compensation (for short, "the Commissioner") has been reduce... | 1[ds]7. The correctness of the impugned judgment is questioned mainly on the ground that the claimant being a lorry driver, the loss of his right leg ipso facto meant a "total disablement" as understood in terms of Section 2(1)(l) of the Act and as such the compensation payable to the claimant had to be computed on tha... | 1 | 1,153 | 169 | ### Instruction:
Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences.
### Input:
1. Leave granted. 2. Challenge in this appeal is to the judgment and order dated 23rd July, 2007 rendered by a Division Be... |
M/S .Rishyashringa Jewellery Ltd. &Anr Vs. The Stock Exchange Bombay | India Vs. Allied International Products Limited, the Supreme Court has held that if the stock exchange had intimated that it would give further consideration to an application, the time limit contemplated by the section will not operate. It has also held that if any one of the stock exchanges mentioned in the prospectu... | 0[ds]It is, therefore, clear that the effect of the decision of this Court in Allied International Products Ltd. in this behalf was sought to be overcome by making a suitable amendment in Section 73 since it was visualised that the said decision is likely to lead to complication inasmuch as the investing public as well... | 0 | 2,612 | 955 | ### 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:
India Vs. Allied International Products Limited, the Supreme Court has held that if the stock exchange had intimat... |
State Of Rajasthan And Anr Vs. Sripal Jain | must also be of the nature of a penalty. Taking all the three clauses of item (vii) as a whole, it appears that item (vii) provides for a complete scheme with reference to three kinds of penalties, namely, dismissal, removal and compulsory retirement and makes it incumbent that cases of this kind must be referred to th... | 1[ds]It is obvious that when cl. (b) speaks of a review petition, it must be referring to the review under Part VII of the Classification Rules. Clause (b) therefore which is confined to cases under cl. (a) which speaks of dismissal, removal or compulsory retirement, shows that all these are penalties as provided in r.... | 1 | 2,881 | 1,020 | ### 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:
must also be of the nature of a penalty. Taking all the three clauses of item (vii) as a whole, it appears that it... |
Dhoom Singh Vs. Prakash Chandra Sethi & Ors | notice is to be given not only to the parties to the election petition but it is to be published in the official gazette also. Sub-section (2) of Section 110 enjoins upon the High Court not to allow the: withdrawal application if it has been induced by any bargain or consideration which ought not to be allowed. If the ... | 1[ds]5. Although in view of the explanation appended to sub-section (1) of Section 86 of the Act an order of the High Court dismissing the election petition under the said sub-section is to be deemed to be an order made under clause (a) of Section 98 and hence appealable under Sec. 116A, learned counsel for the appella... | 1 | 2,491 | 565 | ### 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:
notice is to be given not only to the parties to the election petition but it is to be published in the official g... |
Calcutta Port Trust Vs. Shalimar Tar Products Limited | 1. This appeal by the special leave is against the judgment and order of the Calcutta High Court in Civil Rule No. 1533 of 1975 confirming in appeal the order of the trial court whereby the suit of the plaintiff-appellant was dismissed for non-production of documents under Order XI Rule 21 of the Code of Civil Procedur... | 1[ds]There are two facets to the case. The suit of the appellant was partly contested, as is evident. To the uncontested part there was no dispute. The trial court in face of the pleadings of the parties, and more so of the defendant, was obliged to pass decree for arrears of rent for the period in question at the conc... | 1 | 709 | 400 | ### Instruction:
Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding.
### Input:
1. This appeal by the special leave is against the judgment and order of the Calcutta High Court in Civil Rule No... |
Union of India Vs. Momin Construction Company | 1. These appeals raise the same question of law and can be decided by a common judgment 2. For the purpose of convenience, the brief facts that are set out relate to the first appeal, Civil Appeal No. 1316 of 1977. The relevant dates in the other appeals are similar3. The appellant and the respondents entered into a co... | 1[ds]7. The claim in the first appeal aforementioned arose to the respondents therein beforewhen they issued the "No Claim Certificate" and the final bill was passed. The right to apply under Section 20 of the Arbitration Act, therefore, arose to the respondents beforeThe application under Section 20 was made by them m... | 1 | 625 | 92 | ### 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. These appeals raise the same question of law and can be decided by a common judgment 2. For the purpose of convenience,... |
Anoop Jaiswal Vs. Government of India and Another | judgment delivered by a Bench of seven Judges. As pointed out by us in all these cases including the case of Ran Chandra Trivedi (supra) the principle applied is the one enunciated by Parshotam Lal Dhingas case (supra) which we have referred to earlier. lt is urged relying upon the observation in Shri Sukh Raj Bahals c... | 1[ds]In the instant case, the period of probation had not yet been over. The impugned order of discharge was passed in the middle of the probationary period. An explanation was called for from the appellant regarding the alleged act of indiscipline, namely, arriving late at the Gymansium acting as one of the ring leade... | 1 | 4,603 | 924 | ### 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:
judgment delivered by a Bench of seven Judges. As pointed out by us in all these cases including the case of Ran C... |
Collector of Central Excise, Coimbatore Vs. Messrs Protein Products of India Limited | in question is derived. Bone products does not mean that the products must contain visible pieces of bones and that the expression is limited only to the primary products obtained on crushing of bones such as bone sinew, bone grist, and bone meal. Reference was made to the description of gelatine in the Indian Standard... | 0[ds]6. We see no reason to limit the availability of the exemption under notification in the manner contended or on behalf of the appellant. The terms of the notification only refer to twobones and bone products and there is no scope for applying any rule of ejusdem generis as contended for by the learned Solicitor Ge... | 0 | 1,379 | 331 | ### 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:
in question is derived. Bone products does not mean that the products must contain visible pieces of bones a... |
Commissioner of Income Tax, Delhi (Now Rajasthan) Vs. Mewar Textile Mills Limited Bhilwara, Rajasthan | Hegde, J.1. This is an appeal by certificate. It has a long history. The assessment with which we are concerned relates to the assessment year 1943-44. This case along with other cases appears to have come in this Court earlier and the matter was remanded to the High Court for disposal in accordance with the directions... | 0[ds]3. The Tribunal came to the conclusion that the sales were effected at Bhilwara. The title to those properties sold passed to the purchasers at Bhilwara itself. The goods were put on rail at Bhilwara and the railway receipts were taken in the names of the consignees and sent to them by post. It cannot be disputed ... | 0 | 578 | 347 | ### 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:
Hegde, J.1. This is an appeal by certificate. It has a long history. The assessment with which we are concerned relates to... |
SHODA DEVI Vs. DDU/RIPON HOSPITAL SHIMLA | used as it was a one-time prick for the procedure, yet it should have been used to prevent mishaps. We find no infirmity in the findings of the National Commission, in so far the issue of medical negligence is concerned. However, after having recorded clear findings on medical negligence and after taking note of the af... | 1[ds]13. Having heard learned counsel for the parties and having examined the record, we are clearly of the view of that while the findings on medical negligence on the part of the respondents do not call for any interference, a clear case for enhancement of the amount of compensation is made out.On perusing the order ... | 1 | 3,217 | 812 | ### 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:
used as it was a one-time prick for the procedure, yet it should have been used to prevent mishaps. We find n... |
D. Papiah Vs. Mysore State Transport Appellate Tribunal and Others | Pradesh State Road Transport Corpn. ([1961] 1 S.C.R. 642 (644).) this Court observed: "There is no inherent in consistency between an "area" and a "route". The proposed route is also an area limited to the route proposed." A similar observation was made in C.P.C. Motor Service, Mysore v. The State of Mysore(1962 Supp. ... | 1[ds]All the decisions to which we have referred above have taken the view that by area is meant the road, the physical tract, over which the motor vehicles ply without reference to any notional line of travel. Of course, this meaning was given to the word area in the context of the provisions of the Act considered in ... | 1 | 2,367 | 718 | ### 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:
Pradesh State Road Transport Corpn. ([1961] 1 S.C.R. 642 (644).) this Court observed: "There is no inherent i... |
Commissioner Of Income-Tax,Bombay City-I, Bombay Vs. Associated Cement Companies Ltd., Bombay | of the Lahore High Court in Benarsidas Jagannath, In re ((1947) 15 ITR 185 (Lah) (FB) holding that expenditure may be treated as property attributable to capital when it is made not only once and for all, but with a view to bringing into existence an asset or an advantage for enduring benefit of the trade. If, on the o... | 0[ds]In our view, there is no substance in this contention. It is true that certain water supply lines did come to be laid as a result of the expenditure incurred, but the facts on record, which we have referred to above, clearly show that these water pipelines on which the expenditure in question was incurred were not... | 0 | 2,345 | 817 | ### Instruction:
Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding.
### Input:
of the Lahore High Court in Benarsidas Jagannath, In re ((1947) 15 ITR 185 (Lah) (FB) holding that expenditure ma... |
HCMI Education Vs. Narendra Pal Singh | RESOLVED, that the Commission approves the abolition of Bachelor of Medicine, Bachelor of Surgery (MBBS) Program effective S.Y. 2008-2009. RESOLVED FURTHER, that with regard to the existing students of the said program, the Technical Panel for Health Professions Education is requested to study, review and submit recomm... | 0[ds]11. On merit, we find considerable force in the submission made by the learned counsel for the appellant. Though the documents would indicate that the appellant was acting on behalf of CHED also, it played no role in the policy decision made. The said documents are to be understood contextually. The role of the ap... | 0 | 1,836 | 239 | ### 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:
RESOLVED, that the Commission approves the abolition of Bachelor of Medicine, Bachelor of Surgery... |
Rajender Bansal Vs. Bhuru (D) Thr. Lrs. | the Court took aid of purposive interpretation i.e. legislative intent in not making Rent Act applicable to new constructions for a period of ten years. 18. What we notice is that in the impugned judgment, the High Court has divided the cases into two categories and restricted the law laid down in the aforesaid judgmen... | 1[ds]we need to read judgments in Mani Subrat Jain and Laxmi Narayan Guin cases, the outcome whereof went in other direction. However, when we understand the ratio of the aforesaid two cases appropriately, we find no contradiction between these two cases and other line of cases like Atma Ram Mittal etc. discussed above... | 1 | 6,958 | 554 | ### Instruction:
Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document.
### Input:
the Court took aid of purposive interpretation i.e. legislative intent in not making Rent Act app... |
Kamla Chaturvedi Vs. National Insurance Co. | of the accident till the date of payment was also made payable by Respondent 9- insurance company.4. The claimants were satisfied with the said awards. Similarly the appellant-owner was also satisfied with the said awards. However, the insurance company carried the matter in appeals before the High Court and contended ... | 1[ds]In National Insurance co. Ltd. v. Mubasir Ahmed & Anr. [2007(2) SCC 349] it was, inter alia, held asis payable under Section 4-A(3) if there is default in paying the compensation due under this Act within one month from the date it fell due. The question of liability under Section 4-A was dealt with by this Court ... | 1 | 1,965 | 411 | ### 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:
of the accident till the date of payment was also made payable by Respondent 9- insurance company.4. ... |
Om Prakash Vs. Suresh Kumar | decision, which reads thus: 32. Generally, admissions of fact made by a counsel are binding upon their principals as long as they are unequivocal; where, however, doubt exists as to a purported admission, the court should be wary to accept such admissions until and unless the counsel or the advocate is authorised by hi... | 1[ds]From the tenor of the statement made before the High Court on behalf of the appellant, it is obvious that it is an unequivocal statement made by the counsel engaged by the appellant to espouse his (appellants) cause before the High Court. It is not the case of the appellant that he had expressly instructed his cou... | 1 | 3,721 | 1,131 | ### 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:
decision, which reads thus: 32. Generally, admissions of fact made by a counsel are binding upon their ... |
R.R. INAMDAR Vs. THE STATE OF KARNATAKA | Bihar (1988) 2 SCC 214 to the effect that there could be no reservation in respect of a single post. This was, however, sought to be distinguished by the State in K Govindappa (supra). This Court held:?While there can be no difference of opinion that the expressions "cadre", "post" and "service" cannot be equated with ... | 1[ds]We are unable to accept the submission for more than one reason. The circular dated 31 May 1991 is prior to the decision of the Constitution Bench in Post Graduate Institute of Medical Education and Research (supra). As a matter of fact, the circular is prior to the decision in K Govindappa (supra) as well. The pr... | 1 | 1,725 | 684 | ### 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:
Bihar (1988) 2 SCC 214 to the effect that there could be no reservation in respect of a single post. This ... |
Oriental Insurance Co.Ltd Vs. Porselvi | Dr. Arijit Pasayat, J. 1. Leave granted. 2. Challenge in this appeal is to the order passed by a learned single Judge of the Allahabad High Court dismissing the appeal filed by the present appellant under Sec. 173 of the Motor Vehicle Act, 1988 (in short the Act). 3. The factual position is almost undisputed and the on... | 1[ds]A three Judge Bench of this Court in New India Assurance Co. Ltd. Vs. Sita Bai (Smt.) and Ors. [(1999) 7 SCC 575) inter alia observed as followsThe correctness and applicability of the judgment in Ram Dayal case [(1990) 2 SCC 680] came up for consideration before this Court subsequently in a number of cases. In ... | 1 | 581 | 282 | ### 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:
Dr. Arijit Pasayat, J. 1. Leave granted. 2. Challenge in this appeal is to the order passed by a lear... |
The State Of Orissa Vs. Sudhansu Sekhar Misra And Ors | v. Flood, (1898) AC 1 and what was decided therein, there are two observations of a general character which I wish to make, and one is to repeat what I have very often said before, that every judgment must be read as applicable to the particular facts proved, or assumed to be proved, since the generality of the express... | 1[ds]9. It was not the case of the contesting respondents that Shri P. C. Dey, Shri K. K. Bose and Shri B. K. Patro had not the necessary qualifications to hold the posts they were holding. It was also not disputed that they had been validly appointed to those posts. In these circumstances we fall to see how the High C... | 1 | 4,564 | 856 | ### 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:
v. Flood, (1898) AC 1 and what was decided therein, there are two observations of a general character which I wish to make, ... |
M. S. Anirudhan Vs. The Thomco'S Bank Ltd | possible prejudice any one, destroys the validity of the note. It seems to us repugnant to justice and common sense to hold that the maker of a promissory note is discharged from his obligation to pay it because the holder has put in writing on the note what the law would have supplied if the words had not been written... | 0[ds]The question then is, was the alteration in the letter of guarantee of the kind contemplated by this principle. The learned Judges of the High Court thought it was and so held that the letter of guarantee as altered could be enforced. I am unable to accede to that view12. It seems to me that the intention to carry... | 0 | 7,168 | 2,737 | ### 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:
possible prejudice any one, destroys the validity of the note. It seems to us repugnant to justice and comm... |
State of Kerala and Others Vs. Travancore Chemicals and Manufacturing Company and Another | entry under which sale of particular goods are to be taxed can be raised and determined before various quasi-judicial and judicial authorities. There is a right of appeal and revision which is given to a person who is aggrieved by any order. 11. A plain reading of Section 59-A shows that if any question relating to the... | 0[ds]11. A plain reading of Section 59-A shows that if any question relating to the rate of tax leviable under the Act on any goods is referred to the Government then its decision thereon, "notwithstanding any other provision in this Act is final". This section does not indicate as to who can make a reference to the Go... | 0 | 2,478 | 589 | ### 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:
entry under which sale of particular goods are to be taxed can be raised and determined before various quasi-judicial and ... |
The Premier Automobiles Limited Vs. Kamlakar Shantaram Wadke | the first appeal out of which this appeal arises, some more points were raised which are not specifically raised before us. One of the points whether the present suits is one for specific performance was faintly argued before us and the discussion made by us above would clearly show that there is no attempt on the part... | 0[ds]It is really not necessary to reiterate the position of law which is almost settled that all disputes of a civil nature must ultimately come before a civil Court for decision. The jurisdiction of the civil Court in respect of all civil matters is clearly stated in S. 9 of the Civil Procedure Code. If one wants to ... | 0 | 8,219 | 5,221 | ### 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 first appeal out of which this appeal arises, some more points were raised which are not specifically rai... |
Hamza Haji Vs. State Of Kerala | Review was not maintainable, cannot deter a Court moved in that behalf from declaring the earlier order as vitiated by fraud. 18. The High Court, as a court of record, has exercised its jurisdiction to set at naught the order of the Forest Tribunal thus procured by the appellant by finding that the same is vitiated by ... | 0[ds]17. Thus, it appears to be clear that if the earlier order from the Forest Tribunal has been obtained by the appellant on perjured evidence, that by itself would not enable the Court in exercise of its power of certiorari or of review or under Article 215 of the Constitution of India, to set at naught the earlier ... | 0 | 6,140 | 1,960 | ### 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:
Review was not maintainable, cannot deter a Court moved in that behalf from declaring the earlier order... |
M.D. Frozen Foods Exports Pvt. Ltd. & Others Vs. Hero Fincorp Ltd | view that in the larger interest of settling the question of law, this issue is also required to be dealt with.36. The SARFAESI Act was brought into force to solve the problem of recovery of large debts in NPAs. Thus, the very rationale for the said Act to be brought into force was to provide an expeditious procedure w... | 0[ds]24.We have examined the rival contentions and the judicial precedents cited before us. The impugned order is aorder giving cogent reasons, but what persuaded us to grant leave and hear the matter finally, was this cleavage of judicial opinions inter se the High Courts, requiring this court to settle the law on the... | 0 | 5,288 | 1,458 | ### 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:
view that in the larger interest of settling the question of law, this issue is also required to be dealt with.36. The SARFA... |
Philips India Limited Vs. S Kunju Punnu | more than enough to give a sound support to the case of the plaintiff. The evidence of Dr. Grant appears to have possibly been given by defendant No. 1 mainly with the idea of showing that Dr. Grant has got no concern whatsoever with Defendant No. 1 but at the same time he could not help harming the case of Defendant N... | 1[ds]12 ) DR. Grant in his evidence stated that on examination he found that Gopal was suffering from bacteraemia Dr. Grant got several pathological tests made in the case. He found that there was rash and red pigmentation on the body of Gopal. In his opinion, the rash could have been due to several conditions, such as... | 1 | 16,845 | 7,164 | ### 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:
more than enough to give a sound support to the case of the plaintiff. The evidence of Dr. Grant appears to have ... |
RAMJI SINGH PATEL Vs. GYAN CHANDRA JAISWAL | between the two houses.ii. The respondent has a business of Flour Mill, Oil Mill and expeller, Ice factory etc. and he uses the said machines on diesel.iii. The respondent started his business in 1990 but at that time his machines were operated on electricity.iv. In 2003 the respondent started using expeller machine et... | 1[ds]12. After hearing the learned counsel for the parties, we do not find ourselves in agreement with the approach of the High Court. It may be noted that in the first instance no such plea was taken up by the respondent in the written submissions filed by him to the suit which was filed by the plaintiff/appellant and... | 1 | 1,647 | 485 | ### 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:
between the two houses.ii. The respondent has a business of Flour Mill, Oil Mill and expeller, Ice fact... |
Anderson Wright Ltd Vs. Moran And Company | parent contract.17. We are in entire agreement with the view enunciated above. As we have said already, it is incumbent upon the Court when invited to stay a suit under section 34 of the Arbitration Act to decide first of all whether there is a binding agreement for arbitration between the parties to the suit. So far a... | 1[ds]17. We are in entire agreement with the view enunciated above. As we have said already, it is incumbent upon the Court when invited to stay a suit under section 34 of the Arbitration Act to decide first of all whether there is a binding agreement for arbitration between the parties to the suit. So far as the prese... | 1 | 3,502 | 978 | ### 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:
parent contract.17. We are in entire agreement with the view enunciated above. As we have said already, it is incumbent up... |
Hdfc Bank Ltd Vs. J.J.Mannan @ J.M.John Paul | for a limited duration so as to enable the accused to move for regular bail under Section 437 Cr.P.C. Reference was also made to the decision of this Court in Salauddin Abdulsamad Shaikh vs. State of Maharashtra [(1996) 1 SCC 667] where the same essentials have been reiterated. 12. Appearing for the Respondent No.1, Mr... | 1[ds]14. Having carefully considered the submissions made on behalf of the respective parties and the decisions referred to in support of their respective cases, we are of the view that the role of the Respondent No.1 in the entire episode did not entitle him to the relief of Anticipatory Bail, much less a blanket orde... | 1 | 2,160 | 633 | ### 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:
for a limited duration so as to enable the accused to move for regular bail under Section 437 Cr.P.C. Refere... |
COMMISSIONER OF INCOME TAX Vs. LAXMAN DAS KHANDELWAL | Section 143(3) of the Act. It was observed:-"3. The Appellate Tribunal held, while affirming the decision of CIT (A) that non-issue of notice under Section 143(2) is only a procedural irregularity and the same is curable. In the appeal filed by the assessee before the Gauhati High Court, the following two questions of ... | 0[ds]5. At the outset, it must be stated that out of two questions of law that arose for consideration in Hotel Blue | 0 | 1,958 | 28 | ### 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:
Section 143(3) of the Act. It was observed:-"3. The Appellate Tribunal held, while affirming the decision ... |
Jagriti Devi Vs. State of H.P | the three elements set out above is sufficient to cause death in the ordinary course of nature. This part of the enquiry is purely objective and inferential and has nothing to do with the intention of the offender."18. The learned Judge explained the third ingredient in the following words (at p. 468): (AIR para 16)"Th... | 1[ds]16. We have examined the evidence of19 carefully and on a reading thereof, we are of the considered view that both19 came to the scene of occurrence when thehad assaulted the deceased with the `Khukri.came to the place of occurrence when he sawstanding in the veranda.was informed by18 went inside to informby that ... | 1 | 4,940 | 877 | ### Instruction:
Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding.
### Input:
the three elements set out above is sufficient to cause death in the ordinary course of nature. This part of the enquiry i... |
Kallappa Sultana Patil By L. R. S. Dandu Kallappa Patil and Others Vs. Balgonda Sultangouda Patil | against the appellants. But this reasoning does not vitiate the conclusions arrived at by the learned Judges that the plaintiff was entitled to get possession of the properties as Nawa Wala under the Wat Hukum, as Maya Goudas branch had become Nashtamsha.9. Mr. Datar further contended that the expression Nashtamsha occ... | 0[ds]t is no doubt seen that the High Court has proceeded on the basis that the right to Watan properties goes along with the duty to perform the services, and therefore, prima facie, the person who is required to do the services, must be entitled to the property. But a reference to the Wat Hukum No. 26 indicates that ... | 0 | 2,573 | 1,158 | ### 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:
against the appellants. But this reasoning does not vitiate the conclusions arrived at by the learned J... |
UPSRTC Now Uttarakhand Transp. Corpn Vs. Satnam Singh | 1. Leave granted. 2. By filing this appeal, the appellant has challenged the legality of Judgment dated September 12, 2007 rendered by the learned Single Judge of the High Court Of Uttarakhand at Nainital in Appeal against award No. 744 of 2001 by which the award made under the provisions of Workman Compensation Act, 1... | 1[ds]In National Insurance Co.Ltd.(supra), this Court has held that there is no indication in Section 4-A(1) as to when the compensation payable under Section 4 falls due and therefore it has to be taken that the compensation becomes due on the date on which the claim for compensation is adjudicated. In view of the abo... | 1 | 674 | 142 | ### Instruction:
Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding.
### Input:
1. Leave granted. 2. By filing this appeal, the appellant has challenged the legality of Judgment dat... |
State Of Rajasthan And Ors Vs. Sajjanlal Panjawat & Ors | purpose without reference to any special benefit to be conferred on the payer of the tax, that is to say, that the levy of tax Is for the purposes of general revenue, which when collected forms part of the public revenues of the State. A fee on the other hand is payment for a special benefit or privilege which the indi... | 1[ds]In our view, the question whether the temple is a Swetamber Jain temple or a Digamber Jain temple as contended by. the interveners does not arise for decision in these appeals firstly. because, if the management had vested in the State of Rajasthan under a preconstitution law and that law cannot be challenged unde... | 1 | 14,342 | 2,293 | ### 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:
purpose without reference to any special benefit to be conferred on the payer of the tax, that is to say, ... |
M.D. Karnataka Forest Development Corporation Vs. Workmen Karnataka Pulpwood Limited & Others | be borne by the Government. 13. We may, however, place on record that during the pendency of this SLP, a meeting was held on 21-6-2006 in regard to the claim of absorption of the workmen concerned wherein it was resolved: "Agreeing with the views of Sri. Sogadu Shivanna MLA and others, the Honble Minister instructed th... | 1[ds]16. It is unfortunate that the State of Karnataka as alsodid not specifically take one stand or the other. It has been prevaricating its stand from state to stage. The provisions of the Industrial Disputes Act, 1947, govern the relationship between the company and the respondents being employer and workmen. The Ma... | 1 | 3,407 | 385 | ### 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:
be borne by the Government. 13. We may, however, place on record that during the pendency of this SLP, a meeting was held o... |
Mukesh Vs. State Of Bihar | L. Nageswara Rao, J.1. Leave granted.2. The Appellants are children of Government employees who died in harness. They applied for appointment to Class III Government posts on the basis of instructions governing compassionate appointments. The competent authority recommended the appointment of some of the Appellants in ... | 1[ds]By the impugned judgment, a Division Bench of the High Court correctly held that the Appellants have no legal right to seek appointment on compassionate grounds. Compassionate appointments are not a source of recruitment and they are made to provide succour to the family of an employee who dies in harness. In the ... | 1 | 993 | 532 | ### 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:
L. Nageswara Rao, J.1. Leave granted.2. The Appellants are children of Government employees who died in... |
Cesc Ltd Vs. Chief Post Master General | in this behalf by the written order of the Post Master General, be recovered for the use of the Post Office from the person so refusing, as if it were a fine imposed under this Act, by any Magistrate having jurisdiction where that person may for the time being be resident, and the Post Master General may further direct... | 1[ds]Section 11 it is clear that thewill be liable to pay the deficit postal charges, if any, once the addressee accepts the postal article or opens it. On the other hand, thewill be liable to be charged for the deficit postage, if it is detected at the time of postage or if the addressee refuse or return the postage o... | 1 | 4,795 | 867 | ### 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:
in this behalf by the written order of the Post Master General, be recovered for the use of the Post Office from the pers... |
Jagdish Prashad Vs. State | Fazal Ali, J.1. The appellant has been convicted under Section 324, I.P.C. to one years rigorous imprisonment as modified by the High Court. It appears that on the date of occurrence namely, August 25, 1971, Bishan the deceased was assaulted by a knife and the appellant was seen running away by a crowd collected, and s... | 1[ds]2. Even if we take these circumstances at their face value they do not exclude the possibility of guilt of the accused. There was no eyewitness to prove that the appellant had inflicted any knife blow on Bishan, and in the absence of such evidence coupled with the fact that the knife which was snatched from the ap... | 1 | 401 | 240 | ### 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:
Fazal Ali, J.1. The appellant has been convicted under Section 324, I.P.C. to one years rigorous imprisonment as ... |
Sagunthala(Dead) Thr. Lrs Vs. Special Tahsildar (L.A.) | Dhavaji Naik v. State of Maharashtra, (2009) 11 SCC 171 , has observed as following: "14. The potentiality of a land for the purpose of development as also for building purposes would depend upon a large number of factors. For the said purpose, the court may not only have to bear in mind the purpose for which the lands... | 1[ds]40. For the reasons above, the judgment of the High Court is set aside and the order of the Reference Court is upheld. So far as the claim of the appellant(s) for solatium, interest and other benefits under the statute is concerned, we direct that the same should be governed by the principles laid down in Sunder v... | 1 | 4,847 | 261 | ### 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:
Dhavaji Naik v. State of Maharashtra, (2009) 11 SCC 171 , has observed as following: "14. The potentiality of a land for t... |
Union Of India Vs. Hari Singh | The appellant-Union of India is seriously aggrieved by the impugned judgment of the High Court and submitted that after receiving the entire amount, the respondent also signed the supplementary agreement and thereafter the respondent was not justified in invoking the arbitration. 8. Learned Additional Solicitor General... | 1[ds]15. In this case the court relied on earlier judgments of this court and reiterated the legal position which has been crystallized by a series of judgments where both the parties to a contract confirmed in writing that the contract has been fully and finally discharged by the parties and there was no outstanding c... | 1 | 1,930 | 138 | ### 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 appellant-Union of India is seriously aggrieved by the impugned judgment of the High Court and submitted that... |
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