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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Commissioner of Central Excise, Tamil Nadu Vs. M/s. Southern Structurals Ltd | is required to be reduced to Rs.11,50,000/-.ORThe appeal is required to be allowed both on merits and on time bar in the light of judgments noted by Member (Judicial) Shri S.L. Peeran in his order." 15. The third Member being Member (Technical) agreed with the Member (Judicial) and after referring to the similar issue ... | 0[ds]22. By the majority view, the Tribunal has also held that since the facts regarding receipt of advances were already in the knowledge of the Revenue it could not be said that there was suppression of facts regarding advances received warranting invocation of extended period of limitation. The finding regarding lim... | 0 | 2,871 | 657 | ### Instruction:
Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case.
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is required to be reduced to Rs.11,50,000/-.ORThe appeal is required to be allowed both on merits and on tim... |
Commissioner of Income Tax-I Vs. M/s. Reliance Energy Ltd. (Formerly BSES Ltd.) through its M.D | other contention of the Revenue is that sub-section (5) of Section 80-IA refers to computation of quantum of deduction being limited from eligible business by taking it as the only source of income. It is contended that the language of sub-section (5) makes it clear that deduction contemplated in sub-section (1) is onl... | 0[ds]The claim of the Assessee that deduction under Section 80-IA should be allowed to the extent of gross total income was rejected by the Assessing Officer.As stated above, Section 80AB was inserted in the year 1981 to get over a judgment of this Court in Cloth Traders (P) Ltd. (supra). The Circular dated 22.09.1980 ... | 0 | 4,237 | 1,469 | ### 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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other contention of the Revenue is that sub-section (5) of Section 80-IA refers to computation of quantum of deduction being... |
THE STATE OF JHARKHAND AND ORS Vs. M/S AJANTA BOTTLERS AND BLENDERS PVT LTD | within reasonable limits the number of those who may engage in it.?58. In the view we have taken, the argument that the Government cannot by contract do what it cannot do under a statute must fail. No statute forbids the Government from trading in its own rights or privileges and the statute under consideration, far fr... | 1[ds]10. We have adverted to the above-mentioned process, noted in the written submissions filed by the appellant, so as to give proper interpretation to the impugned notification and the subject rules, in particular Rule 106(Tha). English version of the said rule noted in the notification (as translated by the officia... | 1 | 6,592 | 1,312 | ### 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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within reasonable limits the number of those who may engage in it.?58. In the view we have taken, the argument that the Gove... |
Tushar Arun Gandhi Vs. State of Gujarat and Ors | by the Trusts which presently run the Ashram under the auspices of the second respondent, while allowing for funding by the Central and State Governments. According to the appellant, the work of redevelopment ought to remain within the domain of the second to seventh respondents. 3. By a judgment dated 25 November 2021... | 1[ds]5. The High Court did not call for an affidavit in reply from the State of Gujarat in response to the petition, before it proceeded to dispose of the writ petition. It would have been appropriate for the High Court to decide upon the issues which are raised in the petition after furnishing to the State of Gujarat ... | 1 | 1,215 | 265 | ### 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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by the Trusts which presently run the Ashram under the auspices of the second respondent, while allowing for funding by the... |
KALPANA VYAS Vs. RAJ KUMAR RANGWANI | Abhay Manohar Sapre, J. 1. Leave granted. 2. This appeal is directed against the final judgment and order dated 02.01.2018 passed by the High Court of Rajasthan Bench at Jaipur in S.B. Civil Writ Petition No. 5403/2015 whereby the High Court has allowed the writ petition filed by the respondent herein. 3. The issue inv... | 1[ds]13. Having heard the learned counsel for the parties and on perusal of the record of the case, we are inclined to allow the appeal, modify the impugned order and remand the case to the Rent Appellate Tribunal for deciding the appeal (144/2014) afresh on merits.14. In our opinion, the need to remand the case to the... | 1 | 976 | 325 | ### 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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Abhay Manohar Sapre, J. 1. Leave granted. 2. This appeal is directed against the final judgment and order dated 02... |
Tripurari Sharan & Another Vs. Ranjit Kumar Yadav & Others | choice college and subject which they could secure under the rule of reservation, the circular cannot be sustained. The circular, therefore, can be given effect only if the reserved category candidate qualifying on merit with general candidates consents to being considered as a general candidate on merit-cum-choice bas... | 0[ds]7. Often, in a competitive examination held for the purpose of admission in technical and medical institutions etc. some candidates belonging to reserved category/categories, qualify for the higher ranking on the basis of their own merit and depending on their performance in the common entrance test, are placed in... | 0 | 6,497 | 1,160 | ### Instruction:
Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document.
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choice college and subject which they could secure under the rule of reservation, the circular cannot be su... |
Energy Watchdog Vs. Central Electricity Regulatory Commission And Ors. Etc | of increased cost of power due to import of coal/e-auction and its impact on the tariff of concluded PPAs were also discussed and CERCs advice sought. 2. After considering all aspects and the advice of CERC in this regard, Government has decided the following in June 2013: i) taking into account the overall domestic av... | 1[ds]20. The appellants have argued before us that the expression "composite scheme" mentioned in Section 79(1) must necessarily be a scheme in which there is uniformity of tariff under a PPA where there is generation and sale of electricity in more than one State. It is not enough that generation and sale of electrici... | 1 | 20,953 | 2,116 | ### 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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of increased cost of power due to import of coal/e-auction and its impact on the tariff of concluded PPAs ... |
Dr. Prem Chand Tandon Vs. Krishna Chand Kapoor | has relied on the finding of the trial court that Smt. Dhanta Devi had enough funds for making the advances amounting to Rs. 25,000/- for which promissory notes were executed by the respondent and which formed the consideration for the usfructuary mortgage.8. We have given in detail the various transactions entered int... | 0[ds]8. We have given in detail the various transactions entered into by the respondent as also the transfers made by him most of which were in favour Smt. Dhanta Devi before and after the usufructuary mortgage deed was executed in May 1921. There can be no manner of doubt that the respondent was carrying on speculativ... | 0 | 3,337 | 1,010 | ### 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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has relied on the finding of the trial court that Smt. Dhanta Devi had enough funds for making the advances a... |
Employees' State Insurance Corporation, Chandigarh Vs. Gurdial Singh and Others | 1. This appeal by special leave is directed against the judgment of the High Court of Punjab and Haryana affirming the decision of the Single Judge in a writ petition. The short question that came before the High Court for consideration was whether the Directors of a private limited company had personal liability to me... | 0[ds]We called upon the learned counsel for the appellant to substantiate the proposition that Directors in the absence of anything more would have to be treated owners of the company and he has candidly accepted the position that in the absence of facts and proof of actual position, Directors cannot be treated ipso fa... | 0 | 732 | 142 | ### Instruction:
Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document.
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1. This appeal by special leave is directed against the judgment of the High Court of Punjab and Haryan... |
LT. GENERAL MANOMOY GANGULY VSM Vs. UNION OF INDIA | present case, for appointment of DGMS (Army) the first Note dated 16 th January 2018 by DGAFMS, in no uncertain terms, stated that the appointment to this post is to be made ‘strictly on the basis of their seniority?, meaning thereby the senior most Lt. General (& Equiv) is to be posted. That Note was prepared on the a... | 1[ds]We may record at the outset that the exercise undertaken by Raksha Mantri does not suffer from any element of unfairness and that Raksha Mantri has endeavored to arrive at the decision, by interpreting the order of this Court in a particular way. We shall advert to the question as to whether such an understanding ... | 1 | 10,370 | 2,277 | ### Instruction:
Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document.
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present case, for appointment of DGMS (Army) the first Note dated 16 th January 2018 by DGAFMS, in no uncer... |
M/s. Sainik Motors, Jodhpur & Others Vs. State of Rajasthan | Jethaji Peraji Firm v. Krishnayya, ILR 52 Mad 648 at p. 656 : (AIR 1930 Mad 278 at p. 280), and by the Judicial Committee in Burjore and Bhavani Pershad v. Mt. Bhagana, 11 Ind App 7 (PC).13. Now, Rules 8 and 8-A and the notification only lay down what lump sum payment has to be in each case, if a lump sum is being paid... | 0[ds]We do not agree that the Act, in its pith and substance, lays the tax upon income and not upon passengers and goods. Section 3, in terms, speaks of the charge of the tax "in respect of all passengers carried and goods transported by motor vehicles", and though the measure of the tax is furnished by the amount of f... | 0 | 4,770 | 1,633 | ### 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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Jethaji Peraji Firm v. Krishnayya, ILR 52 Mad 648 at p. 656 : (AIR 1930 Mad 278 at p. 280), and by the Judicial Committee in... |
The New India Assurance Co. Ltd Vs. M/s. Protection Manufacturers Pvt. Ltd | the controversy between the parties has made us dwell on the facts of the case at some length. Despite the extensive submissions made on behalf of the parties, the issues to be resolved in this Appeal are confined to two questions, namely,(i) What was the cause of fire which broke out in the factory premises of the ass... | 0[ds]32. Even if the views expressed by the Joint Surveyors, M/s. Asthana and Joshi, on the reports submitted by M/s. J. Basheer & Associates are discounted, although they were appointed by the Insurance Company itself, one cannot ignore the views obtained by the Insurance Company from former Chief Justice, Y.V. Chandr... | 0 | 5,411 | 1,802 | ### Instruction:
Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding.
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the controversy between the parties has made us dwell on the facts of the case at some length. Despit... |
Tinsukhia Electric Supply Co. Ltd Vs. State of Assam and Ors | is confined only to disputes in four areas specifically enumerated in Clauses (a) to (d) of Sub-section (1) of Section 20 of the Act. These lacunae in the Statute, it is contended, render the scheme of the Act for the determination of the Amount unreasonable and the scheme of the Act in relation to the determination of... | 0[ds]petitioners also urge, in the petitions, a challenge to the validity of the Twentyfourth and Twentyfifth Amendments to the Constitution. This part of the petition, in view of the subsequent pronouncements of this Court on these amendments, does not survive.25. Re: Contentions (a) and (b):The proposition that the l... | 0 | 19,656 | 5,105 | ### Instruction:
Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding.
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is confined only to disputes in four areas specifically enumerated in Clauses (a) to (d) of Sub-section (1) of Se... |
Assistant Sales Tax Officer Vs. B.C. Kame, Proprietor Kame | transaction for the purpose of ascer taining whether it constitutes a contract of sale or a contract of work or service. If it is of the latter kind it obviously would not attract the tax. From the decisions earlier cited it clearly emerges that such determina tion depends in each case upon its facts and circumstances.... | 0[ds]Keeping the above principles in view, we may now turn t o the facts of the present case. When a photographer like the respondent undertakes to take photograph, develop the negative, or do other photographic work and thereafter supply the prints to his client, he can not be said to enter into a contract for sale of... | 0 | 2,498 | 370 | ### 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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transaction for the purpose of ascer taining whether it constitutes a contract of sale or a contract of work... |
UCO BANK Vs. NATIONAL TEXTILE CORPORATION LTD. & ANR | claims being put forth. It is further brought to the notice that the present mechanism brought in through the Office Memorandum dated 22.05.2018 is the Administrative Mechanism for Resolution of CPSEs Disputes (AMRCD) wherein a similar consideration as was being made by PMA will be made. 18. The learned Additional Soli... | 0[ds]19. As already noticed, since the present examination herein is limited to the aspect relating to forum and when it is seen that the claim initially made by the appellant is against the Shree Sitaram Mills Ltd. and the Respondent No.1 herein is disputing the liability for the same by bringing about a distinction s... | 0 | 3,946 | 879 | ### 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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claims being put forth. It is further brought to the notice that the present mechanism brought in through the Office Memor... |
M/s Jersey Developers (P) Limited & Ors Vs. Canara Bank | M.R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 23.04.2021 passed by the High Court of Judicature at Madras in Civil Revision Petition No.4427 of 2015 by which the High Court has dismissed the said revision application preferred by the appellants herein in which the appell... | 1[ds]It is reported that by now the petitioners have deposited the entire decretal amount (50% with the High Court and 50% with the Registry of this Court).3. Having heard learned counsel for the respective parties and considering the fact that summons/notices issued by the learned Trial Court were returned unclaimed a... | 1 | 645 | 173 | ### Instruction:
Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences.
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M.R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 23.04.2021 passed by the Hi... |
U. Raghavendra Acharya Vs. State Of Karnataka | has become final as the State of Karnataka did not prefer any appeal thereagainst.28. The impugned orders furthermore is opposed to the basic principles of law inasmuch as by reason of executive instructions an employee cannot be deprived of a vested or accrued right. Such a right to draw pension to the extent of 50% o... | 1[ds]The fact that the appellants herein were treated to be at par with the holders of similar posts in Government Colleges is neither denied nor disputed. The appellants indisputably are governed by the UGC scales of pay. They are entitled to the pensionary benefits also. They had been given the benefits of the revisi... | 1 | 5,284 | 1,584 | ### 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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has become final as the State of Karnataka did not prefer any appeal thereagainst.28. The impugned orders furtherm... |
Union of India (UOI) and Ors Vs. SANT LAL & ORS.ETC.ETC | still pending before courts. Consequently, several departments and instrumentalities did not commence the one-time regularisation process. On the other hand, some government departments or instrumentalities undertook the one-time exercise excluding several employees from consideration either on the ground that their ca... | 1[ds]13. We find merit in the contention that the direction to consider the casual workers for regularization in other establishments was not justified.14. We must, at the outset, note that the earlier decision of the Tribunal was rendered on 6 January, 2006 while the decision of the High Court was rendered on 23 March... | 1 | 3,974 | 1,007 | ### 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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still pending before courts. Consequently, several departments and instrumentalities did not commence the one-time regulari... |
Gujarat State Financial Corporation Vs. Messrs Lotus Hotels Private Limited | refinancing of loan available from IDBI. In such situation, the first contention of Mr. Bhatt cannot be accepted.9. It was next contended that the dispute between the parties is in the realm of contract and even if there was a concluded contract between the parties about grant and acceptance of loan, the failure of the... | 0[ds]Both the learned Single Judge and the Division Bench of the High Court have concurrently held that the sanctioning of the loan by the Corporation in favour of the respondent was not conditional upon IDBI agreeing and undertaking to refinance the loan. In this connection, a reference to Clauses 2 and 5 of the lette... | 0 | 2,855 | 1,602 | ### 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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refinancing of loan available from IDBI. In such situation, the first contention of Mr. Bhatt cannot be accepted.9. It wa... |
Bikash Bhushan Ghosh Vs. M/S Novartis India Limited | section, null and void, and that an objection to jurisdiction based on over-valuation or under-valuation, should be dealt with under that section and not otherwise. 20. The reference to section 578, now section 99, C.P.C. in the opening words of the section is significant. That section, while providing that no decree s... | 1[ds]10. As the Division Bench of the High Court did not enter into the merit of the matter, we do not intend to deal with the questions as to whether any conciliation proceedings was, in relation to the orders of transfer passed as against the appellants, in fact pending before the Deputy Labour Commissioner, West Ben... | 1 | 4,249 | 326 | ### 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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section, null and void, and that an objection to jurisdiction based on over-valuation or under-valuat... |
Commissioner Of Income-Tax, Mysore Vs. The Canara Bank Ltd | agreed statement of the case the amount of Rs. 3,97,221 was "blocked" and "sterilised" for the period from the devalution of the Indian rupee upto the time of its remittance to India. In the context of these facts the High Court took the view that the appreciation of the value of the money did not arise in the course o... | 1[ds]If by virtue of exchange operations profits are made during the course of business and in connection with business transactions, the excess receipts on account of conversion of one currency into another would be revenue receipts. But if the profit by exchange operations comes in, not by way of business of the Bank... | 1 | 2,043 | 725 | ### Instruction:
Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document.
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agreed statement of the case the amount of Rs. 3,97,221 was "blocked" and "sterilised" for the period from ... |
The State Of Rajasthan Vs. Ram Saran | which permits a competent authority to pass in relation to such persons "any order affecting his continuance in such post or office."10. The contention that survives is merely whether the right to hold an officiating post is a legal right and whether it could be stated to be a condition of service that such an officer ... | 1[ds]The learned Judges, in their judgment have made a passing reference to this feature of the case and seem to express the opinion that the system of regionwise promotion was productive of inequality and hardship. The difficulty in the way of the respondent, however, is that the plea raised in regard to this matter i... | 1 | 4,304 | 392 | ### Instruction:
Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text.
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which permits a competent authority to pass in relation to such persons "any order affecting his continuance in such post... |
State of Maharashtra Through The Secretary Vs. Suresh Trading Company | 1. Mr. V. B. Joshi states that he has filed his appearance for the respondents. It shall be taken on record2. The respondents were registered dealers under the Bombay Sales Tax Act, 1959. During the period 1-1-1967 to 31-12-1967 they purchased goods from M/s Sulekha Enterprises Corporation (hereinafter referred to as "... | 0[ds]5. In our view, the High Court was right. A purchasing daler is entitled by law to rely upon the certificate of registration of the selling dealer and to act upon it. Whatever may be the effect of a retrospective cancellation upon the selling dealer, it can have no effect upon any person who has acted upon the str... | 0 | 752 | 230 | ### Instruction:
Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation.
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1. Mr. V. B. Joshi states that he has filed his appearance for the respondents. It shall be taken on record2... |
S. Khushboo Vs. Kanniammal & Anr | political sense, we must also promote a culture of open dialogue when it comes to societal attitudes. Admittedly, the appellants remarks did provoke a controversy since the acceptance of premarital sex and live-in relationships is viewed by some as an attack on the centrality of marriage. While there can be no doubt th... | 1[ds]12. In order to decide this case, it will not be proper for us to either condemn or endorse the views expressed by the appellant. When the criminal law machinery is set in motion, the superior courts should not mechanically use either their inherent powers or writ jurisdiction to intervene with the process of inve... | 1 | 8,271 | 5,879 | ### 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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political sense, we must also promote a culture of open dialogue when it comes to societal attitudes. Admittedly, the appe... |
Jogdhayan Vs. Babu Ram and Others | was however presented without a certified copy of the order of the executing Court. The appellant, however, made an application for dispensing with the filing of the certified copy. The High Court while admitting the appeal passed the following order:"Admitted. Certified copy to be filed as soon as it is available ....... | 1[ds]We do not find any substance in the submission for the reason, as we have already stated above, that the appellant was granted time by the High Court at t he time of the admission and was allowed to file the certified copy "as soon as it is available." It is not the contention of the respondent that the copy was n... | 1 | 1,326 | 391 | ### 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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was however presented without a certified copy of the order of the executing Court. The appellant, howe... |
Babu Lal Vs. Sheonath Das | under S. 7-A (1) of the Act. By an order dated March 23, 1957, under S. 7-A (2) respondent No. 5 directed the tenant to vacate the accommodation by March 24, 1957. By another order dated December 2, 1957, under S. 7-A(3) respondent No. 5 directed S. O. P. S. Chowk to evict the tenant and put the allottee in occupation ... | 0[ds]his submission is based on a misconception. The District Magistrate can pass an order under S. 7 (2) not only when the accommodation is or has fallen vacant but also when it is about to fall vacant. On the materials on the record there can be no doubt that the accommodation was about to fall vacant when respondent... | 0 | 1,437 | 542 | ### 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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under S. 7-A (1) of the Act. By an order dated March 23, 1957, under S. 7-A (2) respondent No. 5 directed the tena... |
MANASH MOHAN CHATTERJEE ANR ANR Vs. Y. RATNAKAR RAO AND ORS | the same was allowed vide its order dated 29-6-2013, entitling mandatory injunction and holding that the Contempt Petitioners do get a decree of declaration of title and recovery of the possession in respect of the suit land. The respondents were permanently restrained from making any other construction on the suit lan... | 0[ds]It is also a matter of fact that subsequently after dismissal of the present special leave petition, even the contempt proceedings are going on. So far, State has not passed any Award in accordance with the directions given by the High Court. | 0 | 1,334 | 50 | ### Instruction:
Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document.
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the same was allowed vide its order dated 29-6-2013, entitling mandatory injunction and holding that th... |
Shivashankar Prasad Shah & Ors Vs. Baikunth Nath Singh & Ors | the circumstances of this case it is not open to the appellants to proceed with the execution. Their only remedy is to get compensation under the Act.14. Our conclusion receives strong support from some of the decisions of this Court. In Rana Sheo Ambar Singh v. Allahabad Bank Ltd., Allahabad, (1962) 2 SCR 441 = (AIR 1... | 0[ds]Before a plea can be held to be barred by the principles of res judicata, it must be shown that the plea in question had not only been pleaded but it had been heard and finally decided by the Court. A dismissal of a suit for default of the plaintiff, we think, would not operate as res judicata against a plaintiff ... | 0 | 3,479 | 1,032 | ### 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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the circumstances of this case it is not open to the appellants to proceed with the execution. Their only rem... |
Chairman & M.D., N.T.P.C Vs. M/S. Reshmi Constructions,Builders&Cont | as thereby waived or lost, except in so far as may be expressly conceded or decided. See, also Dismissal Without Prejudice.Similarly, in Whartons Law Lexicon the author while interpreting the term without prejudice observed as follows:The words import an understanding that if the negotiation fails, nothing that has pas... | 0[ds]16. The issues are required to be determined having regard to the facts as which arise for consideration whether by reason of the act of the parties the old contract was substituted by a new contract. Only in the event a new contract came into being, the arbitration agreement cannot be invoked.We, however, may obs... | 0 | 6,461 | 1,037 | ### Instruction:
Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences.
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as thereby waived or lost, except in so far as may be expressly conceded or decided. See, also Dismissal Without Prejudice... |
Delhi Cloth & General Mills Co. Ltd Vs. The Workmen & Ors | :"The Unions agree to withdraw their disputes regarding payment of additional bonus for the years I960-61 1961-62 and 1962-63 unconditionally. Any further modification or change in the Bonus Commission formula will not affect these years."Clauses 5, 6 and 7 are not relevant.21. It is clear from the above that the agree... | 1[ds]9. From the above it therefore appears that while it is open to the appropriate Government to refer the dispute or any matter appearing to be connected therewith for adjudication, the Tribunal must confine its adjudication to the points of dispute referred and matters incidental thereto. In other words, the Tribun... | 1 | 7,083 | 1,247 | ### Instruction:
Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document.
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:"The Unions agree to withdraw their disputes regarding payment of additional bonus for the years I960-61 1... |
Rahimatulla Rahiman Sarguru Vs. Bapu Hari Mane and Another | Chinnappa Reddy, J. 1. Bapu Hari Mane, the respondent herein, was a tenant of the land in Survey No. 1436 of the extent of 3 acres 31 gunthas. On April 15, 1958, he purported to execute a deed of surrender in favour of the landlord, the appellant herein. On April 16, 1958, the 4 landlord applied to the Mamlatdar and on... | 0[ds]4. The powers of revision entrusted to the Maharashtra Revenue Tribunal under Section 76 of the Bombay Tenancy and Agricultural Lands Act, 1948, are practically identical with the second appellate powers of the High Court under Section 100, Civil Procedure Code before it was amended by Act 104 of 1976. We do not h... | 0 | 1,005 | 263 | ### 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:
Chinnappa Reddy, J. 1. Bapu Hari Mane, the respondent herein, was a tenant of the land in Survey No. 1436 of the extent of ... |
DEBANANDA TAMULI Vs. SMTI KAKUMONI KATAKY | because husband and wife are staying separately, an inference regarding desertion on the wifes part cannot be drawn. Her submission is that as a case for grant of divorce on any of the grounds specified in sub-section (1) of Section 13 of HM Act is not made out, this Court should not exercise its jurisdiction under Art... | 1[ds]The law consistently laid down by this Court is that desertion means the intentional abandonment of one spouse by the other without the consent of the other and without a reasonable cause. The deserted spouse must prove that there is a factum of separation and there is an intention on the part of deserting spouse ... | 1 | 1,801 | 717 | ### 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:
because husband and wife are staying separately, an inference regarding desertion on the wifes part cannot be drawn. Her sub... |
MADHUKAR NIVRUTTI JAGTAP Vs. PRAMILABAI CHANDULAL PARANDEKAR (DEAD) THR. LRS | performance of a contract, the plaintiff may also claim compensation for its breach, [either in addition to, or in substitution of] (The expression either in addition to, or in substitution of was substituted by the expression in addition to by Act No.18 of 2018), such performance. (2) If, in any such suit, the court d... | 1[ds]12. As regards the question concerning the nature of transaction under the agreements in question, as noticed, the Trial Court and the First Appellate Court held that such agreements had been towards security and not for sale. The High Court has, however, disagreed and has held that such findings by the subordinat... | 1 | 13,458 | 5,311 | ### 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:
performance of a contract, the plaintiff may also claim compensation for its breach, [either in addit... |
Gulraj Singh Vs. Mota Singh | brothers or brothers sons of the vendor or the vendors;THIRDLY, in the fathers brothers or fathers brothers sons of the vendor or vendors;FOURTHLY, in the other co-sharersFIFTHLY, in the tenants who hold under tenancy of the vendor or vendors the land or property sold or a part thereof;(c) where the sale is of land or ... | 0[ds]The submission of learned Counsel virtually amounts to this that in order to construe the words used in S. 15 one should travel beyond the enactment and ascertain the class of persons who are entitled under the Hindu succession Act to succeed as the heirs of the intestate vendor. Even a cursory examination would s... | 0 | 1,709 | 784 | ### 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:
brothers or brothers sons of the vendor or the vendors;THIRDLY, in the fathers brothers or fathers brothers sons of the ve... |
New India Assurance Co.Ltd Vs. Parakh Foods Ltd | By this order we propose to dispose of the aforesaid two appeals. Civil Appeal No. 6892 of 2008 is filed by the New India Assurance Co. Ltd. as the appellant, whereas Civil Appeal No. 879 of 2009 is filed by M/s. Cargil India Pvt. Ltd. as a cross appeal. Since the facts and the issues involved in the two appeals are si... | 0[ds]Our attention was also drawn to the policy, which is the subject matter of the claim in the present case. There is an exclusion clause in the said policy which provides that the aforesaid insurance policy would not cover loss or damage to property caused by its own fermentation, natural heating or spontaneous comb... | 0 | 1,046 | 348 | ### 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:
By this order we propose to dispose of the aforesaid two appeals. Civil Appeal No. 6892 of 2008 is filed by... |
Surendra K. Kambli & Another Vs. Bhandari Co-Op.Bank Limited & Others | 22.9 Now it needs to be seen if the Reserve Bank has come to form any such opinion in the present case and therefore, is within its authority to not grant any further time to the First Respondent despite appointment of a Board of Administrators for six months. The impugned order of the Reserve Bank dated 11 November 20... | 0[ds]10 The impugned order, as noted above, is based on relevant and germane considerations and satisfied the requirements of(4) of Section 22 including the proviso to thatThe Appellate Authority, acting under(5) of Section 22 of the BR Act, has duly considered the grounds of appeal raised by the First Respondent and t... | 0 | 3,055 | 524 | ### 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:
22.9 Now it needs to be seen if the Reserve Bank has come to form any such opinion in the present case and t... |
National Insurance Co.Ltd Vs. Sehtia Shoes | petition was maintainable. The District Forum awarded a sum of Rs.4,95,000/-. In appeal, the State Commission dismissed the appeal after noticing the rival stands which were reiteration of the stands taken before the District Forum. A revision, as noted above, was filed before the National Commission which dismissed th... | 1[ds]In the instant cases the discharge vouchers were admittedly executed voluntarily and the complainants had not alleged their execution under fraud, undue influence, misrepresentation or the like. In the absence of pleadings and evidence the State Commission was justified in dismissing their complaints. The National... | 1 | 1,372 | 341 | ### 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:
petition was maintainable. The District Forum awarded a sum of Rs.4,95,000/-. In appeal, the State Commissio... |
NETRAM SAHU Vs. STATE OF CHHATTISGARH | him eligible to claim gratuity, as provided under the Act, from the State.10. Heard Mr. Kiran Kumar Jaipuriar, learned counsel for the appellant and Mr. Aniruddha P. Mayee, learned counsel for the respondents.11. Having heard the learned counsel for the parties and on perusal of the record of the case, we are inclined ... | 1[ds]11. Having heard the learned counsel for the parties and on perusal of the record of the case, we are inclined to allow the appeal and while setting aside the orders of the High Court (Single Judge and Division Bench) restore the orders of the Controlling Authority and Appellate Authority.12. It is not in dispute ... | 1 | 1,747 | 889 | ### 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:
him eligible to claim gratuity, as provided under the Act, from the State.10. Heard Mr. Kiran Kumar Jaipur... |
M/s. Vaishno Enterprises Vs. Hamilton Medical AG & Anr | Shri Divan, learned Senior Advocate for Respondent No.1 that even otherwise considering the relevant provisions of the Arbitration Agreement the parties to the Agreement shall not be governed by the MSME Act. It is submitted that in the present case the date of contract was 24.08.2020. The appellant herein is registere... | 0[ds]8.2 It is not in dispute that the contract/agreement between the appellant and the respondent has been executed on 24.08.2020. Therefore, the laws of India applicable at the time of contract/agreement shall be applicable and therefore the parties shall be governed by the laws of India prevailing/applicable at the ... | 0 | 2,718 | 520 | ### Instruction:
Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction.
### Input:
Shri Divan, learned Senior Advocate for Respondent No.1 that even otherwise considering the relevant provisions of the Arbit... |
Shipping Corporation of India Limited and Another Vs. Nissar Export Corporation | the loading authorities would stop the loading of the Madras cargo and would have to load the entire Nagapattinam Onion cargo first and then only ours would be loaded, which amounted to preferential and discriminatory treatment given to Nagapattinam cargo, though the same reached Madras harbour much later than October ... | 1[ds]It is true that none of the paragraphs of the written statement refers expressly or numerically to paragraph 6 of the plaints but that is a matter of form and not of substance. The various averments contained in paragraphs 5 and 7 to 10 of the written statement are specifically directed at the averments made in pa... | 1 | 1,632 | 327 | ### 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 loading authorities would stop the loading of the Madras cargo and would have to load the entire Nagapattinam ... |
P. M. Mohammad Meerakhan Vs. Commissioner Of Income-Tax, Ernakulam | It was then contended on behalf of the appellant that even assuming that there was an adventure in the nature of trade, the profits from such an adventure have not been properly ascertained in the present case. It was said that the Income-tax authorities were wrong in holding that the value of the 23rd plot retained by... | 1[ds]3. The question whether a transaction is an adventure in the nature of trade must be decided on a consideration of all the relevant facts and circumstances which are proved in the particular case. The answer to the question does not depend upon the application of any abstract rule or principle or formula but must ... | 1 | 4,115 | 703 | ### 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:
It was then contended on behalf of the appellant that even assuming that there was an adventure in the nature of trade, th... |
ASSISTANT GENERAL MANAGER STATE BANK OF INDIA & ORS Vs. RADHEY SHYAM PANDEY | In this background, the consideration that was to pass between the parties assumes significance and a harmonious construction to the Scheme, and the Pension Regulations, therefore, has to be given. 37. The amendment to Regulation 28 can, at best, be said to have been intended to cover the employees with 15 years of ser... | 0[ds]So, it assumes significance that what was approved and conveyed, in terms of the IBA scheme, the Banks Boards were permitted to specify any other category as ineligible. The SBI considering its requirement proposed to exclude the Watch and Ward staff as these positions could not be reduced. It was also proposed to... | 0 | 28,682 | 4,326 | ### Instruction:
Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding.
### Input:
In this background, the consideration that was to pass between the parties assumes significance and a harmoni... |
M/S. Peacock Plywood Pvt. Ltd Vs. The Oriental Insurance Co. Ltd | as to whether the sale would go through at Singapore or in Calcutta by its letter dated 12th August, 1989 which was marked as Ex. S, relevant portion whereof reads as under: "Local Sale in Singapore" "On Solicitors request the Court has given permission to dispose off the cargo in order to minimize the loss in view of ... | 1[ds]34. From a perusal of the said letter, it is evident that the only ground on which the claim of Appellant was not accepted was that the question of any Non-delivery" did not arise as the cargo had been in existence. Other contentions of Appellant in the said letter had not been repudiated.We have noticed hereinbef... | 1 | 9,028 | 1,353 | ### 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:
as to whether the sale would go through at Singapore or in Calcutta by its letter dated 12th August, 1989 w... |
P. Palaniswami Vs. Shri Ram Popular Service Private Limited & Another | Tribunal took the view that small operators were to be favoured as against fleet owners on shorter routes and this was a consideration very relevant under sub-clause (a) of sub-section (1) of Section 47 which required the authority to consider the interest of the public generally. The fleet owners were likely to become... | 0[ds]But in the present case although the appellant had received less marks than the respondents, the Tribunal had considered matters which were germane under Section 47 and made the grant in favour of the appellant. The Government order, according to him, undoubtedly covered certain areas which are covered by Section ... | 0 | 2,394 | 792 | ### Instruction:
Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document.
### Input:
Tribunal took the view that small operators were to be favoured as against fleet owners on shorter rout... |
U.P.Avas Evam Vikas Parishad Vs. Om Prakash Sharma | undisputed fact that Section 16 of the Act confers power upon the Board to dispose of its property as per Rule 3 of the U.P. Avas Avam Vikas Parishad (Delegation of Powers by the Board and the Housing Commissioner) Rules, 1968. The Board has power under Section 12(1) of the Act to delegate its power either to a Committ... | 1[ds]37. The substantial questions framed by the court in the second appeal did not arise for its consideration. The High Court ought to have noticed that the legal right claimed by the plaintiff seeking relief under Section 34 of the Specific Relief Act on the basis of the pleadings is wholly untenable in law. In view... | 1 | 8,579 | 326 | ### 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:
undisputed fact that Section 16 of the Act confers power upon the Board to dispose of its property as... |
The Management Of D.T.U Vs. Shri B. B. L. Hajelay & Anr | every officer or other municipal employee shall be liable to be punished in the several ways referred to in that section by such authority as may be prescribed by regulations. The definition of the word regulation given in clause 48 of section 2 is as follows: "Regulation means regulation made by the Corporation under ... | 0[ds]10. Mr. Chagla, appearing on behalf of the appellant Undertaking, contended that respondent no. 2 had been actually appointed by the Manager of the Delhi Road Transport Authority constituted under the Delhi Road Transport Authority Act, 1950 and on the repeal of that Act and the takeover of the authority by the Co... | 0 | 2,633 | 777 | ### 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:
every officer or other municipal employee shall be liable to be punished in the several ways referred to in ... |
Church Of North India Vs. Lavajibhai Ratanjibhai and Others | entire world. 96. In Rajasthan State Road Transport Corporation and Another Vs. Krishna Kant and Others [(1995) 5 SCC 75] , this Court following Dhulabhai (supra) held that having regard to the provisions contained in the Industrial Disputes Act and Industrial Employment (Standing Orders) Act, 1946, the civil court wil... | 0[ds]42. The question as regard ouster of a jurisdiction of a Civil Court must be construed having regard to the Scheme of the Act as also the object and purport it seeks to achieve. The law in this regard is no longer res integra43. A plea of bar to jurisdiction of a civil court must be considered having regard to the... | 0 | 14,250 | 3,656 | ### 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:
entire world. 96. In Rajasthan State Road Transport Corporation and Another Vs. Krishna Kant and Others [(19... |
The Fine Knitting Co., Ltd Vs. The Industrial Court, Bombay And Others | Sri Mehta, it is inconceivable that the employees engaged in two departments integral connected with each other and constituting one unit would be paid different minimum wages. What is true about the minimum wages and the dearness allowance is also true about the bonus. It appears that even in years in which the appell... | 0[ds]It is in the light of these decisions that the point raised by Sri Mehta has to bedealing with the significance and the effect of the factors on which Sri Mehta has rightly relied, it is necessary bear in mind certain other relevant factors on which the decision under appeal is substantially based. It is true that... | 0 | 3,841 | 1,548 | ### 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:
Sri Mehta, it is inconceivable that the employees engaged in two departments integral connected with each o... |
Narendra Purshotam Umrao Etc Vs. B. B. Gujral & Ors | appellant. instigated, organised and facilitated the smuggling of the contraband goods in question. Not only that but he is really the person to whom the goods belonged. The appellant went to the extent of going to Dubai for purchasing the contraband goods, had thereafter taken delivery of the same at Dubai and had the... | 0[ds]In the light of the circumstances appearing, it was conceded that the grounds for detention set out the facts with sufficient degree of particularity and that it did furnish sufficient nexus for forming the subjective satisfaction of the detaining authority. The order of detention was, therefore, not challenged on... | 0 | 5,800 | 1,558 | ### 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:
appellant. instigated, organised and facilitated the smuggling of the contraband goods in question. Not onl... |
Commissioner Of Income-Tax, Madras Vs. K. H. Chambers, Madras | reserved for himself some assets for the purpose of discharging the debts. He did so not for the purpose of running the same business by himself but only to help the son to carry on the same business more effectively. If so, it follows that on the facts found or admitted there is a clear case of succession in the prese... | 0[ds]This is an authority for the position that if a business was taken over as a going concern the mere fact that some assets, which were not required by the successor for carrying on of the business, were not transferred to him would not make it any the less a succession in law. It is not necessary to multiply decisi... | 0 | 4,236 | 806 | ### 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:
reserved for himself some assets for the purpose of discharging the debts. He did so not for the purp... |
Pyare Lal Sharma Vs. Managing Director and Ors | means almost wholetime in politics. Company job and active politics cannot go together. The position of the civil servants who are governed by Article 311 is entirely different but a provision like grounds (c) and (d) in Regulation 16.14 concerning the employees of companies/corporations/public undertakings is within t... | 1[ds]15. Mr. Pyare Lal Sharma appeared in person and argued his case. He has been of no assistance to us. During the course of arguments we suggested to Mr. Sharma to engage a counsel which he declined. We also repeatedly offered to him to have the service of a counsel engaged by the court but he did not agree and insi... | 1 | 3,549 | 1,468 | ### 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:
means almost wholetime in politics. Company job and active politics cannot go together. The position of... |
Thansingh Nathmal & Others Vs. The Superintendent of Taxes, Dhubri & Others | brought into the market for sale, that the goods sold were within the Province on the dates of contracts and therefore the price thereof was liable to be included in the taxable turnover. The High Court, as we have already observed, took the view that the finding of the Commissioner was not "altogether unjustified", no... | 0[ds]We have heard counsel for the appellants at great length upon this application for leave to appeal on grounds other than constitutional on which the certificates were granted by the High Court. After carefully considering the arguments, we are of the view that no case has been made out for acceding to that request... | 0 | 4,069 | 1,594 | ### 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:
brought into the market for sale, that the goods sold were within the Province on the dates of co... |
National Insurance Company Limited Vs. State Bank of India & Others | 1. Heard the counsel for the parties. Leave granted 2. This appeal is directed against the judgment of a learned Single Judge of the Punjab and Haryana High Court allowing the second appeal preferred by the first respondent. The plaintiff-respondent, state Bank of India had financed the purchase of a truck by the first... | 1[ds]In view of the Insurance Policy issued by the fourth defendant, the suit was decreed in favour of the Bank making the Insurance Company also liable. Thereupon the Insurance Company (appellant herein) filed an appeal which was allowed by the first appellate court which found that the truck was set on fire deliberat... | 1 | 416 | 226 | ### Instruction:
Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages.
### Input:
1. Heard the counsel for the parties. Leave granted 2. This appeal is directed against the judgment of a l... |
N. T. Patel And Company Vs. Commissioner Of Income-Tax, Madras | referred to the High Court for its opinion:-"Whether the assessee firm is entitled to registration u/s 26-A of the Income-tax Act for the assessment year 1955-56."The High Court held that under S. 26-A of the Act the factual existence in the year of account of an instrument of partnership was necessary, a requisite whi... | 0[ds]None of these clauses specify the shares of the partners. Clause 9 has reference to extra contribution made by the partners which was to be treated as capital contribution for the purpose of dividing profits but was not otherwise taken to be paid up capital. Clause 11 provides for interest on the extra capital sub... | 0 | 1,644 | 406 | ### 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:
referred to the High Court for its opinion:-"Whether the assessee firm is entitled to registration u/s 26-A of the Income-... |
The State of Karnataka & Others Vs. Shankar Baburao Kangralkar & Another | be a holder of Bachelor Degree with Hindi as major subject.ANDMust be holder of degree in Education with the concerned subject or subjects as teaching methods”4. Admittedly, Respondent No.1 is a holder of a Bachelor’s Degree with Hindi as a major subject but does not hold a B.Ed Degree with Hindi as a teaching method a... | 1[ds]10. There is no doubt that under the Recruitment Rules aDegree in Arts in the concerned language is aas also a B.Ed Degree but as far as a Hindi Language Assistant is concerned, the eligibility criterion for that post has been singled out with other requirements. The Recruitment Rules make a specific category for ... | 1 | 1,245 | 317 | ### 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:
be a holder of Bachelor Degree with Hindi as major subject.ANDMust be holder of degree in Education with the conce... |
The State Of Madhya Pradesh Vs. G. C. Mandawar | different slabs of pay is obnoxious to Article 24. Secondly, within any gives slab, the scheme places all the employees in the same position, except that in the lowest ranks a slightly higher rate is fixed for resident in the cities of Nagpur and Jabulpore, which again has not been attacked as discriminatory. These bei... | 1[ds]Under this provision, it is a matter of discretion with the local Government whether it will grant dearness allowance and if so, how much. That being so, the prayer for mandamus is clearly misconceived, as that could be granted only when there is the applicant a right to compel the performance of some duty cast on... | 1 | 2,897 | 926 | ### 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:
different slabs of pay is obnoxious to Article 24. Secondly, within any gives slab, the scheme places a... |
The Oriental Insurance Co. Ltd. & Another Vs. Gokulprasad Maniklal Agarwal & Another | G.T. Nanavati, J. Delay condoned. 1. Leave granted. 2. The respondent-Gokulprasad Maniklal Agarwal was working as an Assistant Administrative Officer with the Appellant insurance company. He challenged initiation of disciplinary proceedings against him by the appellant by filing Writ Petition No. 2128/84 in the High Co... | 1[ds]7. As departmental proceedings for a major penalty were started against the respondent, the appellant was justified in not promoting him till the enquiry was over. The learned counsel for the appellant pointed out to us that soon after the order of punishment was passed, the case of the respondent was again consid... | 1 | 660 | 135 | ### 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:
G.T. Nanavati, J. Delay condoned. 1. Leave granted. 2. The respondent-Gokulprasad Maniklal Agarwal was working as an Assista... |
Hdfc Bank Limited Vs. Vasudeo Shripad Belvalkar (Deceased), Through His Legal Heir Vidyanand Vasudeo Belvalkar | speedier mechanism for the recovery.32. Learned Senior Counsel Mr. Tulzapurkar, has relied on the judgment of the Supreme Court in the case of ICICI Bank Limited Versus. Official Liquidator of APS Star Industries Limited and Others, reported in (2010) 10 Supreme Court Cases page 1.33. Mr. Tulzapurkar, Learned Senior Co... | 0[ds]25. Therefore, the expression debt is to be assigned meaning and understood in reference to the object and subject matter of scheme of the Act and further it is to be interpreted consistently with the objects and other provisions of the Act. Undisputedly, the Recovery Act was enacted primarily for the reasons that... | 0 | 5,466 | 823 | ### 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:
speedier mechanism for the recovery.32. Learned Senior Counsel Mr. Tulzapurkar, has relied on the judgm... |
MEENA SHARMA Vs. THE STATE OF JAMMU AND KASHMIR | first Writ Petition was filed in 2009, the appellant was not impleaded in spite of the fact that Annexure A4 to the Writ Petition indicated the position of the appellant in the Select List. It was only in 2011, nearly four years after the initial appointment of the appellant, that a second Writ Petition was filed in or... | 1[ds]17. In assessing the rival submissions, the central aspect of the case which needs to be emphasised is that after the appointment of the appellant on 3 December 2007, the first challenge to her appointment was four years later in the Writ Petition of 2011. The fifth respondent filed a Writ Petition earlier in 2009... | 1 | 2,804 | 547 | ### 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:
first Writ Petition was filed in 2009, the appellant was not impleaded in spite of the fact that Annexure A... |
Karam Chand Thapar and Bros. Limited, and Others Vs. Their Workmen | in their appeal contend that the Bengal Chamber of Commerce rate of dearness allowance should have been allowed. Dealing with this question the tribunal has pointed out that almost all the constituent members of the Bengal Chamber of Commerce have had long experience in industrial field, having started their business i... | 0[ds]Sri Sastri has very rightly not raised before us the objection that was raised beforethe tribunal toits jurisdiction to decide this question. It is obvious that the contentionen that Karam Chand Thapar & Bros., Ltd., was their employer formed the basis of all their claims and as this contention was seriously conte... | 0 | 4,511 | 2,062 | ### 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:
in their appeal contend that the Bengal Chamber of Commerce rate of dearness allowance should have been allo... |
M/S. Reliance Salt Ltd Vs. M/S. Cosmos Enterprises | No.1 is guilty of misconduct, irregularity, deception, misrepresentation and fraud etc. and under the circumstances, the defendant has no right to invoke the bank guarantee." Paragraphs 11, 16 and 19 of the pleadings and the evidences adduced on behalf of 1st Respondent, thus, were confined to the issue of inferior qua... | 1[ds]17. A bare perusal of the contents of the Bank Guarantee, as noticed hereinbefore, shows that there is no escape from arriving at a conclusion that the guarantee furnished was an unconditional one. It not only provided for loss or damage in case of breach of contract, but also loss or damage by reason of non-settl... | 1 | 3,506 | 618 | ### 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:
No.1 is guilty of misconduct, irregularity, deception, misrepresentation and fraud etc. and under the circumstances, the de... |
State Of Tamilnadu Vs. M.R. Alagappan | to the contesting respondents. Our attention was then invited by learned counsel for the respondents to a decision of this Court in the case of Jaipal and others v. State of Haryana and others, JT 1988(2) SC 528 : 1988 Supp. 1 SCR 411. In this decision another Division Bench of this Court speaking through K.N. Singh, J... | 1[ds]17. It becomes at once clear that in that case this Court was not concerned with a situation wherein there was dissimilarity of educational qualifications among the concerned groups of employees who were not offered the same pay scale. On the contrary in para 12 of the Report it has been clearly observed that the ... | 1 | 5,307 | 739 | ### 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:
to the contesting respondents. Our attention was then invited by learned counsel for the respondents to... |
Ravi Chand Mangla Vs. Dimpal Solania and Ors | grounds:(i) That the Respondents have defaulted to pay rent and is now in arrears of rent for 60 months beginning from Kwar Bati 1 Sambat 2040 to Sawan Singh Sudhi 15 Sambat 2015;(ii) That Respondent No. 1 has sub-let the property in dispute to the Respondents No. 2 & 3;(iii) That Respondents have impaired the value an... | 0[ds]We are afraid that we cannot agree with the submission made on behalf of the Appellant. It is clear from the judgment of the Rent Controller that the arrears of rent were paid for three years prior to the filing of the eviction petition. It is also clear from the judgment of the First Appellate Court that the Appe... | 0 | 1,227 | 244 | ### 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:
grounds:(i) That the Respondents have defaulted to pay rent and is now in arrears of rent for 60 months beginning from Kw... |
Purushotham Vs. State Of Karnataka | the aforesaid observations are a complete answer to all the submissions made by the learned counsel for the appellants. 14. This apart on the interpretation of Section 38A(1) and (2), the inescapable conclusion is that under Section 38A (1), BDA would have the authority to lease, sell or otherwise transfer any area res... | 0[ds]In our opinion, it is no longer necessary for us to consider the issues raised by the appellants on first principle, as the issue is no longer res integra. In the case of B.S. Muddappa (supra), this Court examined the entire issue wherein, it has been heldthe legislative intent of the Bangalore Development Authori... | 0 | 4,183 | 1,043 | ### Instruction:
Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation.
### Input:
the aforesaid observations are a complete answer to all the submissions made by the learned counsel for the ... |
Howrah Municipal Corpn Vs. Ganges Rope Co Ltd | none of the orders of the High Court, there is a mandate issued to the Corporation to grant a sanction. What was directed by the High Court in the first order was merely a liberty or option to the company to seek sanction for additional three floors. In the subsequent order, an expectation was expressed for decision of... | 1[ds]28. In our considered opinion, by the order of the Court dated 23.12.1993 observing that the petitioner is not prevented from applying for further sanction of additional floors above fourth floor and the expectation expressed in the subsequent order of the Court dated 24.6.1994 , from the Corporation to decide the... | 1 | 6,819 | 1,335 | ### 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:
none of the orders of the High Court, there is a mandate issued to the Corporation to grant a sanction. What was directed... |
Messrs South India Steel Rolling Mills, Madras Vs. Commissioner of Income Tax, Madras | made in that regard and he has invited our attention to sub-section (5A) of section 32 AB where in express provision has been made for withdrawal of the amount standing to the credit of the assessee in the investment Deposit Account before the expiry of the period o f five years from the date of deposit in the event of... | 0[ds]We are unable to hold that the said principle requires to be invoked while construing Section 33(1)(a) and opinion, has rightly held that in view of Section 34(3)(a) the appellantassessee could not avail the benefit of developmentother contention of Ms. Ramachandran was that the Commissioner could not invoke his j... | 0 | 3,191 | 517 | ### 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:
made in that regard and he has invited our attention to sub-section (5A) of section 32 AB where in express provision has ... |
INSOLVENCY AND BANKRUPTCY BOARD OF INDIA Vs. LALIT KUMAR JAIN & ORS | 1. The Insolvency and Bankruptcy Board of India has filed the above Transfer Petitions under Article 139 (A) read with Article 142 of the Constitution of India seeking transfer of the Writ Petitions filed before High Courts to this Court. 2. By a Notification dated 15.11.2019, the Ministry of Corporate Affairs, Governm... | 1[ds]6. After hearing the submissions made by the parties, we are of the considered opinion that the Writ Petitions that are pending in the High Courts pertaining to the challenge to the Notification dated 15.11.2019 and related issues have to be transferred to this Court. Transfer of the Writ Petitions to this Court w... | 1 | 782 | 118 | ### Instruction:
First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document.
### Input:
1. The Insolvency and Bankruptcy Board of India has filed the above Transfer Petitions under Article 139 (A) read with Arti... |
M/S. Sait Nagjee Purushotham & Co. Ltd Vs. Vimalabai Prabhulal | an association which was an unregistered body known as Indian Cable Makers Association was inducted in the year 1969 as a tenant in the premises Room No.503, 5th Floor, Arun Chambers, Tardeo, Bombay by respondent No.2 under an agreement termed as leave and licence dated 23.9.1969 at a rental of Rs.1500/- per month out ... | 0[ds]4. First of all we shall take up the question of bona fide need of the landlords. So far as the partition of the property and the present premises coming to the share of the landlords are concerned, there is no dispute that the portion of the building has come to the share of the landlords and they are the owners ... | 0 | 5,684 | 1,257 | ### 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:
an association which was an unregistered body known as Indian Cable Makers Association was inducted in the ... |
Land Acquisition Collector and Another Vs. Durga Pada Mukherjee and Others | real purpose of the acquisition, it is for the respondents to disclose, except for good reasons, the relevant material or information, to enable the Court to pronounce on the matter and not to maintain a meaningful silence or indulge in equivocations and double standards, rely on the doctrine of onus of proof and defec... | 1[ds]5. After hearing learned counsel for the parties we find that the learned Judges of the Division Bench seriously erred in accepting the Letters Patent Appeals in view of the finding arrived at by them that malafides or a colourable exercise of power on the part of the State Government could not be held established... | 1 | 2,509 | 1,246 | ### 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:
real purpose of the acquisition, it is for the respondents to disclose, except for good reasons, the relevant material or... |
Kaushalya Devi And Others Vs. Baijnath Sayal And Others | Privy Council in Jamna Bai v. Vasant Rao, 43 Ind App 99: (AIR 1916 PC 2). In that case two defendants of whom one was a minor compromised a suit pending against them, and in doing so entered into a bond by which they jointly agreed to pay a certain sum to the plaintiff at a future date. The leave of the court was not o... | 0[ds]In our opinion this contention is clearly inconsistent with the plain meaning of the rule. What the rule really means is that the impugned agreement can be avoided by the minor against the parties who are major and that it cannot be avoided by the parties who are major against the minor. It is voidable and not voi... | 0 | 3,660 | 1,176 | ### 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:
Privy Council in Jamna Bai v. Vasant Rao, 43 Ind App 99: (AIR 1916 PC 2). In that case two defendants of who... |
D. Ramakrishnan Vs. Intelligence Officer, Narcotic Control Bureau | as it failed to take into consideration that all drugs being Schedule `G and `H drugs under the Drugs and Cosmetics Rules, 1945, export thereof would not attract the provisions of Rule 58 of the Narcotic Drugs and Psychotropic Substances Rules, 1985 (for short, "the Rules") framed by the Central Government in exercise ... | 0[ds]10. Appellant and his co-accused are said to have got licenses under theDrugs and Cosmetics Act, 1940. They had got general permission forimport and export.11. Section 80 of the Act provides that the provisions of the Act or therules made thereunder are in addition to, and not in derogation of the Drugsand Cosmeti... | 0 | 1,543 | 183 | ### 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:
as it failed to take into consideration that all drugs being Schedule `G and `H drugs under the Drugs a... |
Kailash Upendra Giri & Another Vs. State of Maharashtra | states that he is a key maker and doing the business of preparing duplicate keys. In the month of March,1996 one boy had come to his place and he had prepared three duplicate keys at his instance. That, thereafter, about two months later the policemen had brought the elder boy who had earlier got prepared three duplica... | 1[ds]8.As regards the first circumstance of Kailash being an earlier servant in the house and being familiar with the house as well as its occupants, we have the evidence of P.W.9 Dr. Kalpana Vaidya. She states in her evidence that Kailash was working in the house of her mother for 6 to 7 months. That whenever she used... | 1 | 4,476 | 1,981 | ### 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:
states that he is a key maker and doing the business of preparing duplicate keys. In the month of March,1996 one boy had ... |
Union Of India Vs. Reliance Industries Limited | SCC 603 , and a recent judgment in Harmony Innovation Shipping Ltd. v. Gupta Coal India Ltd. & Anr., (decided on 10th March, 2015 in Civil Appeal No. 610 of 2015)]. 18. In fact, in Harmony’s case, this Court, after setting out all the aforesaid judgments, set out the arbitration clause in that case in paragraph 32 as f... | 1[ds]16. It will thus be seen that facts like the present case attract the Bhatia International principle of concurrent jurisdiction inasmuch as all arbitration agreements entered into before 12.9.2012, that is the date of pronouncement of Bharat Aluminiumjudgment, will be governed by Bhatia International.17. It is imp... | 1 | 5,883 | 840 | ### 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:
SCC 603 , and a recent judgment in Harmony Innovation Shipping Ltd. v. Gupta Coal India Ltd. & Anr., (deci... |
M/S. Indian Oil Corporation Vs. M/S. Nepc India Ltd. | and thereby dishonestly induces Z to advance money upon the faith of such delivery. A cheats; but if A, at the time of obtaining the money, intends to deliver the indigo plant, and afterwards breaks his contact and does not deliver it, he does not cheat, but is liable only to a civil action for breach of contract." 27.... | 1[ds]Re: Point No.Coming to the facts of this case, it is no doubt true that IOC has initiated several civil proceedings to safeguard its interests and recover the amounts due. It has filed C.S. No.425/1997 in the Madras High Court and O.S. No.3327/1998 in the City Civil Court, Chennai seeking injunctive reliefs to res... | 1 | 8,224 | 1,282 | ### Instruction:
Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding.
### Input:
and thereby dishonestly induces Z to advance money upon the faith of such delivery. A cheats; but if A, at the time of obt... |
Election Commission Of India Vs. St. Mary'S School | State is to provide for free and compulsory education for children until they complete the age of 14 years. The Constitution has been amended keeping in view the aforementioned provisions as also the decision of this Court in Unni Krishnan (supra) by inserting Article 21A of the Constitution of India, which reads as un... | 0[ds]It is probably with that end in view the counsel appearing for the Election Commission had also joined the other counsel appearing for the respondents, to suggest the court that the services of the teachers may not be requisitioned on the days on which the schools are open. Submission of Mr. Venugopal that such a ... | 0 | 5,758 | 165 | ### 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:
State is to provide for free and compulsory education for children until they complete the age of 14 years. The C... |
Ajit Savant Majagavi Vs. State of Karnataka | 113 of "Ashoka Lodge" where he had stayed on the fateful day and had left the "Lodge" with his child on the pretext that he was going to call his relations as Padmavathi had died of heart-attack. As pointed out earlier, Padmavathi had died of strangulation. The appellants presence in the room immediately before the dea... | 0[ds]The Addl. Sessions Judge had fallen into the web of this, apparently forceful argument but the High Court, and in our opinion, rightly, accepted the remaining evidence and held that in spite of hostility of the aforesaid witnesses, the prosecution story was fully established.This Court has thus explicitly and clea... | 0 | 5,522 | 855 | ### 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:
113 of "Ashoka Lodge" where he had stayed on the fateful day and had left the "Lodge" with his child on th... |
Esso Standard Inc Vs. Udharam Bhagwandas Japanwalla | Maharashtra v. Syndicate Transport Co. that a company cannot be indictable for offences which can only be committed by a human individual, like treason, murder, bigamy, perjury, rape, etc. , or for offences punishable with imprisonment or corporal punishment, the propositions made at page 200 by L. M. Paranjpe J. that ... | 1[ds](17) IT is manifest that but for the averments that the claim of the complainant wasand process should be issued against the accused the complaint sounds almost like a plaint in civil suit. As far as we can see, what is alleged is nothing more than a breach of an assurance or undertaking or representation made by ... | 1 | 8,006 | 1,312 | ### 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:
Maharashtra v. Syndicate Transport Co. that a company cannot be indictable for offences which can only be committ... |
Dr. Jess Raphael Vs. Regina Joseph | for his livelihood inasmuch as it is not ``business he was liable to be evicted since the bona fide need of the landlady was beyond dispute. A revision preferred by the tenant to the High Court was dismissed as not maintainable. 2. Before us, the only question that arises for determination is as to the scope of Section... | 1[ds]For the application of second proviso the following two conditions are required to be satisfied in order to defeat the bona fide need of theThe tenant is dependent for his livelihood mainly on the income derived from any trade or business carried on in such aThere is no other suitable building available in the loc... | 1 | 1,355 | 96 | ### Instruction:
Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction.
### Input:
for his livelihood inasmuch as it is not ``business he was liable to be evicted since the bona fide need of the landlady was... |
Commissioner Of Income-Tax, New Delhi Vs. Rao Thakur Narayan Singh | were set aside in the manner prescribed by the Act and that, if not so set aside, they were final. If so, it follows that the order of the Tribunal on the said question namely, that the whole order of reassessment under S. 34 of the Act was invalid as them was no "discovery" that the relevant income escaped assessment,... | 1[ds]8. The Income-tax Act is a self-contained one. It creates a hierarchy of tribunals with original, appellate and revisional jurisdictions. Section 31 gives inter alia, right of appeal against some orders of the Income-tax Officer to the Appellate Assistant Commissioner, S. 33 provides for a further appeal to the In... | 1 | 3,086 | 828 | ### 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:
were set aside in the manner prescribed by the Act and that, if not so set aside, they were final. If so, it follows that... |
Thammanna Vs. K. Veera Reddy & Ors | case the provisions of Ss. 116-A, 109 to 116 of the Act, as they stood before the Amendment of 1966, came up for consideration. The facts were that one S. filed an election petition against the appellant B who had been declared elected to the State Legislative Assembly. On the appellant, Bs application, the Tribunal di... | 1[ds]In the present case, these conditions, particularly Nos. (1) and (3), have not been fulfilled. Before the High Court the appellant did not, at any stage, join the contest. He did not file any written statement or affidavit. He did not engage any counsel. He did not cross-examine the witnesses produced by the Elect... | 1 | 4,743 | 1,118 | ### Instruction:
Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document.
### Input:
case the provisions of Ss. 116-A, 109 to 116 of the Act, as they stood before the Amendment of 1966, came u... |
Alva Aluminium Ltd. Bangkok Vs. Gabriel India Limited | Arbitral Tribunal can determine the existence of the arbitration agreement. Suffice it to say that the power available to the Arbitral Tribunal under Section 16 of the Act does not imply that the issue can be or ought to be left to be determined by the Arbitral Tribunal even in cases where one of the parties has filed ... | 1[ds]17. It is in the light of above pronouncements, unnecessary to delve any further on this issue. It is clear that once the existence of the arbitration agreement itself is questioned by any party to the proceeding initiated under Section 11 of the Act, the same will have to be decided by the Chief Justice/designate... | 1 | 3,736 | 1,068 | ### 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:
Arbitral Tribunal can determine the existence of the arbitration agreement. Suffice it to say that the power available to... |
Shree Sita Ram Sugar Co. Ltd., Vs. The Presiding Officer, Labour Court & Others | to transfer a proceeding from one Labour Court or Tribunal to another. But having regard to the scheme of Section 6-G, read in the light of the other provisions referred to earlier, the section will have to be interpreted as giving to the State Government only a power to transfer a proceeding from one Labour Court to a... | 0[ds]The above section clearly indicates that when once an industrial dispute has been referred for adjudication, the Labour Court or Tribunal has to conduct its proceedings expeditiously and it has to submit its award to the State Government The award has to be published within thirty days of its receipt by the State ... | 0 | 5,089 | 1,327 | ### Instruction:
Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding.
### Input:
to transfer a proceeding from one Labour Court or Tribunal to another. But having regard to the scheme of Section ... |
International Airports Authority of India Vs. M.L. Dalmia Company Limited | R.C. LAHOTI, J. (1) Leave granted.(2) This is an appeal by special leave filed against the order of the High Court whereby the High Court refused to restore the appeal filed before it by the appellant, which was dismissed in default of appearance of the appellant and his counsel on 10.7.2001 (3) It appears that dispute... | 1[ds](5) Having perused the contents of the application for restoration supported by affidavit, we find that the appellant did try to explain the absence on 10.7.2001 but the explanation so offered did not appeal as plausible to the High Court, specially in view of the earlier conduct of the appellant which weighed hea... | 1 | 461 | 148 | ### Instruction:
Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding.
### Input:
R.C. LAHOTI, J. (1) Leave granted.(2) This is an appeal by special leave filed against the order of the High ... |
Union of India and another Vs. Abhiram Verma | 467-68, paras 10) 10. In service jurisprudence, the expressions superannuation, voluntary retirement, compulsory retirement and resignation convey different connotations. Voluntary retirement and resignation involve voluntary acts on the part of the employee to leave service. Though both involve voluntary acts, they op... | 1[ds]The submission on behalf of the respondent that what was tendered on 15.04.2000 was not an application for resignation but it was an application for voluntary retirement has no substance and cannot be accepted for the following reasons:i) that the qualifying service for the purpose of voluntary retirement is minim... | 1 | 5,140 | 1,760 | ### 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:
467-68, paras 10) 10. In service jurisprudence, the expressions superannuation, voluntary retirement, compulsory retiremen... |
A.K. Devaiah Vs. State Of Karnataka | word “shall” thus, making a mandatory application on the part of the court to presume that death had been committed by the person who had subjected her to cruelty or harassment in connection with any demand of dowry. It is unlike the provisions of Section 113-A of the Evidence Act where a discretion has been conferred ... | 0[ds]34. Furthermore, the entire conduct of the accused is such as to lead to only one plausible conclusion i.e. all the accused together had caused the death of the deceased. The arguments of the defence are strange because if the accused had attempted to save the deceased, then he would have suffered some burn injuri... | 0 | 4,487 | 457 | ### 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:
word “shall” thus, making a mandatory application on the part of the court to presume that death had been committ... |
M. N. Dodamani & Ors Vs. U. S. D. Walikar (Dead) By Legal Representatives &Ors | the transaction between the appellants predecessors and Krishnaji and as such entitled to the protection of section 25(ii). This order of the High Court was made on January 25, 1963. At this stage we may mention that our attention was drawn to an order made in the same matter by the High Court on January 31, 1962, whic... | 0[ds]The High Court found that the purchasers from Krishnaji had no "actual knowledge or notice" of the real nature of the transaction in 1927. But the High Court also held that the notice contemplated in section 25(ii) was "actual notice" and that "constructive notice was clearly beyond the contemplation of section 25... | 0 | 1,447 | 516 | ### 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 transaction between the appellants predecessors and Krishnaji and as such entitled to the protection of s... |
Sahib Ram Etc Vs. The Financial Commissioner, Punjab & Others | any such limitation into cl. (i). Clause (iii) dealing with the third category of tenants admittedly relates to a tenant evicted from the property even before the date of the Act and who was not in possession on the day when the Act came into force. But, nevertheless, if such tenants had been in continuous possession f... | 0[ds]29. In our opinion, having due regard to the scheme of the Act, there is no warrant for importing any such restriction in Section 18 (l) of the Act If the intention of the Legislature was that the tenant under S. 18 (1) (i) should have been in continuous occupation for a minimum period of six years on the date of ... | 0 | 6,116 | 90 | ### 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:
any such limitation into cl. (i). Clause (iii) dealing with the third category of tenants admittedly relates to a... |
Shibu Metal Works Vs. Their Workmen | which the workmen undertook not to raise any dispute for five years except in a case of victimization. The preliminary objection was rejected by the industrial tribunal on the ground that there was no evidence to show that the workmen who negotiated with the management for extending the agreement had the authority of t... | 0[ds]The industrial tribunal accordingly rejected the preliminary objection that the reference was bad in law because of previous agreement. The finding of the industrial tribunal on this point is essentially a question of fact and it is not open to the appellant to challenge this finding in appeahe tribunal has examin... | 0 | 1,534 | 247 | ### 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:
which the workmen undertook not to raise any dispute for five years except in a case of victimization. The p... |
State of Mysore and Another Vs. Mysore Spinning and Manufacturing Company, Limited and Another | the words of rule 11(7)(ii) - "he shall pay in full the amount or amounts collected by him by way of tax or taxes to the Government .........".The appeal originally came on before a Division Bench of this Court when the arguments just now summarised were urged and it was then submitted on behalf of the respondents, tha... | 0[ds]After arguments as regards the proper interpretation of the words "by way of tax under this Act" occurring in sub-sections (1) and (2) of section 11 had been advanced by the learned counsel on either side on the lines above indicated, it was realised that on the facts of all these cases, there was no "collection" ... | 0 | 4,660 | 949 | ### Instruction:
Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation.
### Input:
the words of rule 11(7)(ii) - "he shall pay in full the amount or amounts collected by him by way of tax or ... |
Ramakrishna Ramnath Vs. Presiding Officer, Labour Court, Nagpur and Another | No such issue was even raised before the Labour Court. By issue 7 the appellant contended that the closure was on account of unavoidable circumstances beyond the control of the employer, and issue 6 related to the question as to whether the closure had resulted in the retrenchment of the applicant. These two issues, in... | 0[ds]2. The amount in stake in this appeal is quite an insignificant one but the appeal has been brought as a test case for a number of other similar disputes9. The above provisions of the Act make it clear that the jurisdiction of a Labour Court is not confined to disputes specified in the Second Schedule but the said... | 0 | 4,682 | 1,030 | ### 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:
No such issue was even raised before the Labour Court. By issue 7 the appellant contended that the closure... |
Parshottam Jadavji Jani Vs. State Of Gujarat & Ors | claim that the responsible officer should be cross-examined by me for the purpose of showing that the proposed acquisition is not for public purpose and that there is no need to acquire the present lands. The other suitable lands are available and the Corporation has not availed of the same and that the acquisition nee... | 0[ds]5. Under Section 55 of the Land Acquisition Act certain rules have been made for the guidance of officers in dealing with objections lodges under Section 5-A of the Act.It seems to us that the rules have been complied with. The appellant was given an opportunity to be heard personally. He chose not to avail himsel... | 0 | 1,444 | 178 | ### 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:
claim that the responsible officer should be cross-examined by me for the purpose of showing that the propos... |
M/s Dozco India P. Ltd Vs. M/s Doosan Infracore Co. Ltd | the arbitration procedure including the seat/venue of arbitration and it was, therefore, that the Court went on to exercise the jurisdiction under Section 11(6) of the Act. It was specifically found therein that there was no exclusion of the provisions of the Act by the parties either expressly or impliedly, which is c... | 0[ds]This Article 23 will have to be read in the backdrop of Article 22 and more particularly, Article 22.1. It is clear from the language of Article 22.1 that the whole Agreement would be governed by and construed in accordance with the laws of The Republic of Korea. It is for this reason that the respondent heavily r... | 0 | 4,290 | 903 | ### Instruction:
Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document.
### Input:
the arbitration procedure including the seat/venue of arbitration and it was, therefore, that the Court... |
Ghanshyam Das Vs. Regional Assistant Commissioner of Sales Tax Nagpur & Others | Officer commences the proceedings for assessment by the issue of a notice under sub-section (1) of s. 10, and, in the case of a registered dealer, the statute has already fixed the date for the furnishing of the return and therefore has set in motion the process for the assessment of the sales tax by the Sales Tax Offi... | 1[ds]It is not necessary to multiply citations. We, there- fore, hold that the expression "escaped assessment" in s. 11-A of the Act includes that of a turnover which has not been assessed at all, because for one reason or other no assessment proceedings were initiated and therefore, no assessment was made in respectde... | 1 | 9,497 | 1,588 | ### 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:
Officer commences the proceedings for assessment by the issue of a notice under sub-section (1) of s. 10, and, in... |
V.V.V. Satyanarayana Vs. G. Ramachandra Naidu & Others | June, 1956 in the Law Department. He was confirmed in the post of Assistant Secretary on 11 October, 1957. He was temporarily promoted as Deputy Secretary in the Law Department on 10 July 1961. His probation was declared on 23 July, 1962.Then he went to serve in the Law Commission as Deputy Secretary.4. The respondent ... | 0[ds]That is ignoring the fact that the respondent was appointed in fact by transfer on 10 July, 1961. The High Court rightly said that if both the appellant and the respondent completed the probation before 1 April, 1963 and if there are no Rules or Regulations in that behalf it will be open to the Government in the p... | 0 | 1,140 | 288 | ### 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:
June, 1956 in the Law Department. He was confirmed in the post of Assistant Secretary on 11 October, 1957. He was tempora... |
KHODIYAAR ROLLING MILLS Vs. PASCHIM GUJARAT VIJ COMPANY LIMITED | Banumathi, J. - Leave granted. 2. This appeal arises out of judgment and order dated 25th July, 2014 passed by the High Court of Gujarat at Ahmedabad in Special Civil Application No.15454 of 2013 in and by which the High Court affirmed the order of the court below refusing to set aside the ex-parte decree passed by the... | 1[ds]5. By order dated 8th January, 2015 this Court has directed the appellant to deposit a sum of Rs.70,00,000/- (Rupees Seventy Lakhs) with the respondent without prejudice to his contention. In compliance thereof, the appellant has deposited Rs.70,00,000/- (Rupees Seventy Lakhs) with the respondent. | 1 | 328 | 57 | ### 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:
Banumathi, J. - Leave granted. 2. This appeal arises out of judgment and order dated 25th July, 2014 ... |
Madan Lal Puri Vs. Sain Das Berry | the application for eviction on November 26, 1964, the landlord has made any demand from the tenant for payment of higher rent. Finally, the High Court having due regard to the above circumstances and the size of the family of the landlord and the findings recorded by the Tribunal on May 4, 1970 held that the decision ... | 0[ds]13. The first part of the above extract lays down the nature of the jurisdiction exercised by the High Court under Section 39 (2) of the Act. In that decision, on facts, it was found both by the Rent Controller and the Tribunal, on a relevant consideration of the materials on record, that a case of sub-letting was... | 0 | 2,530 | 470 | ### Instruction:
Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text.
### Input:
the application for eviction on November 26, 1964, the landlord has made any demand from the tenant for payment of higher... |
MANDEEP KUMAR AND OTHERS Vs. U.T. CHANDIGARH & OTHERS | candidate against a reserved vacancy, preference was given to Backward Classes candidates and vice versa, over other general candidates. This inter- changeability of reserved vacancies was withdrawn – vide para 4 of Punjab Government letter No. 13565- 4WG1-64/23892 dated 11th November, 1964, with the result that if a r... | 0[ds]16. From the bare reading of the aforesaid, it is clear that de-reservation of any reserved vacancy which is to be filled up by direct recruitment or by promotion cannot be done by the appointing authority. In case due to non-availability of the eligible candidates of any of the category, the posts remain unfilled... | 0 | 4,565 | 814 | ### 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:
candidate against a reserved vacancy, preference was given to Backward Classes candidates and vice vers... |
Commissioner of Income Tax, West Bengal I Vs. Birla Cotton Spinning & Weaving Mills Ltd. & Another | was undertaken "wholly and exclusively" for the purpose of the trade in that the reduction in the amount of tax increased the traders monetary resources and so promoted the carrying on of the trade and the earning of the trading profits. (See also Simons Income-tax, Second Edition, Vol. 2, pages 216-217). In Commission... | 0[ds]It is well settled by now that the deductibility of expenditure incurred in prosecuting the civil proceedings to resist the enforcement of a measure, legislative or executive, which means restriction on the carrying on of a business or to obtain a declaration that the measure is invalid, would, if other conditions... | 0 | 2,600 | 1,860 | ### 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:
was undertaken "wholly and exclusively" for the purpose of the trade in that the reduction in the amount of tax increased th... |
Suresh Kumar Koushal & Another Vs. NAZ Foundation & Others | for maintaining law and order in the country at the present juncture, India cannot risk the experiment of abolition of capital punishment. Arguments which would be valid in respect of one area of the world may not hold good in respect of another area, in this context. Similarly, even if abolition in some parts of India... | 1[ds]The principle was succinctly enunciated by a Constitutional Bench in Ram Krishna Dalmia v. Shri Justice S.R. Tendolkar and Ors. AIR 1958 SC 538 in the following(b) that there is always a presumption in favour of the constitutionality of an enactment and the burden is upon him who attacks it to show that there has ... | 1 | 34,636 | 572 | ### 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:
for maintaining law and order in the country at the present juncture, India cannot risk the experiment of ab... |
APSRTC & ORS Vs. G. KONDAL RAO | M.R.SHAH, J. 1. Leave granted. 2. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 26.04.2013 passed by the Division Bench of the High Court of judicature of Andhra Pradesh at Hyderabad in Writ Appeal No. 246 of 2013 the original respondents–corporation– employer has preferred the present a... | 1[ds]5. Having heard the learned counsel appearing on behalf of the appellants herein and having considered the main judgment and order passed by the learned Division Bench as well as the order passed by the learned Single Judge, it appears that the learned Single Judge without having regard to the facts of the individ... | 1 | 1,040 | 493 | ### 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:
M.R.SHAH, J. 1. Leave granted. 2. Feeling aggrieved and dissatisfied with the impugned judgment and order ... |
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