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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Sappani Mohamed Mohideen & Anr Vs. R. V. Sethusubramania Pillai & Ors | long usage as to the application of trust funds, the court will not where there is no ambiguity, accept an erroneous interpretation though consistent with usage, so as to sanction a manifest breach of trust".12. Our attention was drawn to a decision of the House of Lords in The Attorney-General v. The Master, Wardens, ... | 1[ds].There is no reference in clause 9 that this land shall be "allotted for charity" whereas those words clearly appear in clause 8 of the deed. In the entire scheme of the deed there must be a legitimate justification for not allotting the lands mentioned in the ninth schedule for charity. Besides, it is clear on th... | 1 | 6,564 | 1,323 | ### 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:
long usage as to the application of trust funds, the court will not where there is no ambiguity, accept... |
Pandharinath Vs. State Of Maharashtra | 376 IPC. When the charge was explained to the accused, he pleaded not guilty and claimed to be tried.3. During the course of the trial, 9 witnesses were examined on behalf of the prosecution. Two defence witnesses, namely, Dr. Avinash Wase (D.W. 1) and one Ku. Ranjana (D.W. 2) were also examined. The learned trial cour... | 0[ds]The prosecutrix has clearly stated in her examination in chief that on waking up she found thesitting near her legs and theremoved her under garments and gagged her mouth. Subsequently, thefelt sorry for the incident and also apologized for the same. There is no suggestion in theon the part of the accused to the a... | 0 | 1,678 | 318 | ### 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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376 IPC. When the charge was explained to the accused, he pleaded not guilty and claimed to be tried.... |
Tribeni Devi And Ors Vs. Collector Of Ranchi | determined. 5. Bearing these principles in mind, we do not think that the High Court was justified in adopting the registered sale-deed, Ex. C-1 executed by the Ranchi Club, in favour of the President of India, because that land is farther away not only from the land acquired but from the town though it is on the main ... | 1[ds]In the valuation report given by the Land Acquisition Officer, Ranchi, Ex.-1 the principle of capitalisation on the basis of 20 times the annual rental of Rs. 7,200/- at the rate of Rs. 600/- p.m. was adopted as the price of the lands. In that report it was also pointed out that the sale price of 1,085 acres out o... | 1 | 3,002 | 2,444 | ### 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:
determined. 5. Bearing these principles in mind, we do not think that the High Court was justified in a... |
Godhra Borough Municipality Vs. Godhra Electricity Co. Ltd | the same person is the owner and occupier) and find out the rent at which the premises would be let. The second was based on the capital value of the premises. But the tax was not levied on the capital value itself, the capital value was determined on the structural value of the building to be assessed by what was know... | 1[ds]Under Rule 4 (l) (b) above, the buildings of the respondent had to be valued on the capital basis. Under Rule 5 the capital value of properties had to be determined on such reliable data as the respondent might furnish and in the absence thereof, it would be the duty of the Chief Officer to determine the same. Bef... | 1 | 2,954 | 767 | ### Instruction:
Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document.
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the same person is the owner and occupier) and find out the rent at which the premises would be l... |
State Of Haryana Vs. Northern Indian Glass Industries Ltd | duly considered. 18. In the Chairman Board of Mining Examination and Chief Inspector of Mines v. Ramjee, (1977) 2 SCC 256 , Krishna Iyer J, one of the foremost apostles of human rights and natural justice, advocated that the Court ?.... cannot look at law in the abstract or natural justice as a mere artefact. Nor can w... | 1[ds]19. In the instant case, the conduct of the Respondent has not only been utterly unfair but, in fact, it smacks of fraud, malpractice and malfeasance. It cannot be justified as a simple error which may exonerate it of the allegations levelled against it by the Appellant State. According to its own affidavit filed ... | 1 | 4,853 | 823 | ### 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:
duly considered. 18. In the Chairman Board of Mining Examination and Chief Inspector of Mines v. Ramjee, (1977) 2 ... |
M.P. Rural Agrl.Extension Offrs.Asson Vs. State Of M.P. | equal work is applicable among equals, it cannot be applied to un-equals. Relief to an aggrieved person seeking to enforce the principles of equal pay for equal work can be granted only after it is demonstrated before the court that invidious discrimination is practised by the State in prescribing two different scales ... | 0[ds]It is trite that the Pay Commission on or about 13.10.1982 and in the year 1999 desired and recommended that the same scale of pay be given to the Extension Officers irrespective of their educational qualification, but it is not in dispute that the recommendations of the Pay Commission were not accepted by the Sta... | 0 | 3,815 | 699 | ### 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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equal work is applicable among equals, it cannot be applied to un-equals. Relief to an aggrieved person seek... |
Orsu Venkat Rao Vs. State of Andhra Pradesh | could hear the voice and cries of children at a later point of time. If there was a fight and when the fight was going on, at least PW 16, who was aged 10 years would not have kept quiet. He would have raised hue and cry or run out of the house for help. 7. According to PW2, they cried and raised the alarm only sometim... | 1[ds]He reserved the opinion as to cause of death. On receipt of report from the Department of Forensic Medicine and the Forensic Science Laboratory, PW18 gave the opinion as per Ext. P11 that death was on account of asphyxia due to hanging. He deposed that the ligature marks were ante mortem in nature and that it was ... | 1 | 3,440 | 1,223 | ### 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:
could hear the voice and cries of children at a later point of time. If there was a fight and whe... |
Union Of India Vs. Raman Iron Foundry | as the law in India is concerned, there is no qualitative difference in the nature of the claim whether it be for liquidated damages or for unliquidated damages Section 74 of the Indian Contract Act eliminates the somewhat elaborate refinements made under the English common law in distinguishing between stipulations pr... | 0[ds]The Court obviously could not, therefore, make an interim order which, though ostensibly in form an order of interim injunction, in substance amounted to a direction to the appellant to pay the amounts due to the respondent under other contracts. Such an interim order would clearly not be for the purpose of or in ... | 0 | 6,708 | 1,788 | ### 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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as the law in India is concerned, there is no qualitative difference in the nature of the claim whether it be for liquida... |
Laxmanappa Hanumantappa Jamkhandi Vs. The Union Of India And Another | the business of toddy and liquor vendors. In addition to this, one of the brothers used to run a bus service and dealt in cotton and money-lending also. All the brothers owned extensive properties, both agricultural and non-agricultural. Though prior to the assessment year 1926-27 all the brothers were assessed to inco... | 0[ds]3. In these circumstances we are of the opinion that he is entitled to no relief under the provisions of Article 32 of the Constitution. It was held by this Court in Ramjilal v. Income-tax Officer, Mohindargarh, that as there is a special provision in Article 265 of the Constitution that no tax shall be levied or ... | 0 | 1,195 | 228 | ### 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 business of toddy and liquor vendors. In addition to this, one of the brothers used to run a bus service... |
Asit Bhattacharjee Vs. M/S. Hanuman Prasad Ojha & Ors | decision of this Court in Navinchandra N. Majithia v State of Maharashtra and Others [(2000) 7 SCC 640] , wherein this Court held, while considering a contention that the High Court of Bombay was not correct in not entertaining the application for quashing of a complaint petition filed by the complainant in Shillong, w... | 1[ds]17. Appellant herein did not file any complaint petition within the meaning of Section 200 of the Code of Criminal Procedure. It filed an application in terms of sub-section (3) of Section 156 thereof21. The provisions referred to hereinbefore clearly suggest that even if a part of cause of action has arisen, the ... | 1 | 4,931 | 1,117 | ### 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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decision of this Court in Navinchandra N. Majithia v State of Maharashtra and Others [(2000) 7 SCC 640] , wherein this Cou... |
Commissioner Of Income Tax, Madras Vs. S. Chenniappa Mudaliar, Madurai | by the party or not. This provision, it was held, did not make it obligatory for the Appellate Tribunal to dispose of the appeal on merits. In this case again there was hardly much discussion and the Allahabad decision was simply followed. In (1960) 38 ITR 1 (Punj) the points raised were different and arose in a petiti... | 0[ds]5. Now Rule 24 cannot be said to be ultra vires sub-section (8) of Section 5A but what has to be essentially seen is whether it is repugnant to the provisions of Section 33 (4).The reasoning which prevailed with the Special Bench of the High Court in the present case, was that under Section 33 (4 ) the Tribunal is... | 0 | 3,567 | 1,582 | ### 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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by the party or not. This provision, it was held, did not make it obligatory for the Appellate Tribunal to d... |
M/S.Dale & Carrington Invt.P.Ltd. Vs. P.K. Prathapan | only at the time of institution of proceeding. In Jawahar Singh Bikram Singh vs. Sharda Talwar (1974) 44 Company Cases 552, a Division Bench of the Delhi High Court held that for the purposes of petition under Sections 397/398 it was only necessary that members who were already constructively before the court should co... | 0[ds]A doubt has been cast about whether the alleged meetings in which additional equity shares were allotted to Ramanujam were held att is the Balance Sheet for the year ending 31st March, 1994 which for the first time shows an advance of Rs.6,86,500/towards share capital pending allotment. Nothing has been placed on ... | 0 | 10,147 | 1,914 | ### 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:
only at the time of institution of proceeding. In Jawahar Singh Bikram Singh vs. Sharda Talwar (1974)... |
Rohtas Industries Limited and Another Vs. Rohtas Industries Staff Union and Others | must be by a remedy provided uno flatu in the statute. To sum up, in the language of the Premier Automobiles Ltd. (Supra): If the industrial dispute relates to the enforcement of a right or an obligation created under the Act, then the only , remedy available to the suitor is to get an adjudication under the Act. 29. S... | 0[ds]9. (1)-(a) &(b)The expansive and extraordinary power of the High Courts under Art. 226 as wide as the amplitude of the language used indicates and so can affect any person-even a private individual-and be available for any (other) purpose even one for which another remedy may exist. The amendment to Art. 226 in 19... | 0 | 8,036 | 3,706 | ### 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:
must be by a remedy provided uno flatu in the statute. To sum up, in the language of the Premier Automobiles... |
Dharmaposhanam Co. Kerala Vs. Commissioner Of Income Tax, Kerala | in the way of profit making, in the case before us, under the cover of the provisions of the deed, which enables us to decipher the meaning and determine the predominantly profit-making character of the trust. 7. In a subsequent case, Commissioner of Income-tax v. Cochin Chamber of Commerce and Industry [1975] 101 ITR ... | 0[ds]On a consideration of the rival contentions of the parties, the position appears to be this. The appellant can succeed in its claim to exemption under section 11(1)(a) of the Act if the income from the business of conducting kuries and of money-lending can be said to be income derived from property held under trus... | 0 | 2,850 | 1,290 | ### 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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in the way of profit making, in the case before us, under the cover of the provisions of the deed, which e... |
Rama Shankar Singh & Anr Vs. Mst. Shyamlata Devi And Ors | Rs. 36,405/- on account of their share of the rent for1356 to 1360 Faslis and interest thereon at 1 per cent per annum. During the pendency of the suit, defendant 2 died and his heirs were substituted as defendants 2 and 2 (a). The Trial Court decreed the suit on contest against defendants 2 and 2 (a) and ex parte agai... | 1[ds]3. The High Court was right in allowing the defendant to raise the point of limitation, though the plea was not taken in the written statement. Under Section 184 of the Bihar Tenancy Act a suit instituted after the expiry of the period of limitation has not been pleaded.Learned Counsel for the appellants could not... | 1 | 1,250 | 289 | ### 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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Rs. 36,405/- on account of their share of the rent for1356 to 1360 Faslis and interest thereon at 1 per cent per ... |
K.A. Ansari Vs. Indian Airlines Ltd | the appellants they were in the grade of Rs.6200-175-6550-200-7500-225-7775-250-8025, the learned Single Judge disposed of the application with the following directions to the Indian Airlines:- "It is not being in dispute that when letter dated 23.4.2003 was issued petitioner being a first officer was in the pay scale ... | 1[ds]we are of the opinion that keeping in view the terms of final order dated 11th October, 2004, the miscellaneous application could not be said to be founded on a separate or fresh cause of action so as to fall foul of the aforenoted legal position viz. on termination of proceedings by final disposal of writ petitio... | 1 | 2,836 | 390 | ### Instruction:
Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction.
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the appellants they were in the grade of Rs.6200-175-6550-200-7500-225-7775-250-8025, the learned Single Judge disposed of t... |
ASSOCIATION FOR DEMOCRATIC REFORMS & ANR Vs. UNION OF INDIA & ORS | provides anonymity, the Scheme is intended to ensure that everything happens only through banking channels. While the identity of the purchaser of the bond is withheld, it is ensured that unidentified/ unidentifiable persons cannot purchase the bonds and give it to the political parties. Under clause 7 of the Scheme, b... | 1[ds]9. We have heard Shri Prashant Bhushan, learned counsel for the applicants/writ petitioners, Shri K.K. Venugopal, learned Attorney General for the Union of India and Shri Rakesh Dwivedi, learned Senior Counsel appearing for the Election Commission of India.10. We should point out at the threshold that there cannot... | 1 | 4,040 | 1,696 | ### 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:
provides anonymity, the Scheme is intended to ensure that everything happens only through banking cha... |
Shri M.L. Patil (Dead) Through LRs Vs. The State of Goa and Anr | M.R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned final judgment and order dated 11.02.2020 passed by the High Court of Bombay at Goa in Writ Petition No. 961/2015, by which, though the High Court has allowed the said writ petition by holding that the respective writ petitioners ought to have been s... | 1[ds]3. Having heard Shri Rahul Gupta, learned counsel appearing on behalf of the appellant and Shri Ravindra Lokhande, learned counsel appearing on behalf of the respondent – State of Goa and considering the fact that even by the impugned judgment and order, the High Court has held that action of the State Government ... | 1 | 656 | 274 | ### 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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M.R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned final judgment and order dated 11.02.2020 passed by t... |
M/S.Jay Bharat C.& I.Co.Ltd Vs. Commissioner Of Sales Tax | Instalment Supply case will not be subject to taxation hereafter and the problem of the same transaction being subjected to taxation at two different stages will not arise." 17. Learned senior counsel submits that by equating the two provisions of the Acts, we must give to the Sales Tax Act applicable in Delhi after 1s... | 0[ds]Coming to the definition of the expression "sale price", we find that if we substitute the defined meaning of the word "sale" occurring in Section 2(g) into the said Section 2(h), it would in effect read as follows : "Sale price means the amount payable to a dealer as consideration for transfer of goods on hire pu... | 0 | 4,443 | 186 | ### 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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Instalment Supply case will not be subject to taxation hereafter and the problem of the same transaction being subjected t... |
Delhi Development Authority Vs. Nalwa Sons Investment Ltd. and Ors | clause (2) of the order passed by the Company Judge approving the scheme of demerger, as reproduced above, makes it amply clear that all property, assets, rights and powers in respect of the specified properties, including the subject plot, shall stand transferred to and vest in respondent No.2. Once it is a case of tr... | 0[ds]11. For answering the seminal question, we must first advert to the obligation of respondent No.1 springing from thestipulation in the perpetual Lease Deed. Clause 6(a), as extracted in paragraph 3 above, envisages a bar to sell, transfer, assign or otherwise part with the possession of the whole or any part of th... | 0 | 6,469 | 1,815 | ### 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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clause (2) of the order passed by the Company Judge approving the scheme of demerger, as reproduced above, makes it amply ... |
Deputy Commnr., Income Tax, Baroda Vs. Gujarat Alkalies & Chemicals Ltd | Kapadia, J. 1. These civil appeals are filed by the Department against decision dated 25.4.01 in Tax Appeal Nos.39 and 40 of 2001 delivered by Gujarat High Court. 2. Two questions of law arise for determination in these civil appeals which are as follow:(1) Whether "commitment charges" can be allowed as deduction under... | 0[ds]Regarding question No.(1), we may state that assessee had borrowed Rs.30 crores (approximately) from IDBI which in turn was refinanced by COFACE which foreign company had charged interest, commitment charges and insurance charges payable by the assessee. The said "commitment charges" was upfront payment. We have a... | 0 | 697 | 555 | ### 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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Kapadia, J. 1. These civil appeals are filed by the Department against decision dated 25.4.01 in Tax Appeal Nos.39 and 40 of... |
Assam Urban Water Supply & Sew. Board Vs. M/S. Subash Projects & Marketing Ltd | 34 provides that on sufficient cause being shown, the court may entertain the application for setting aside the award after the period of three months and within a further period of 30 days but not thereafter. 8. In Popular Construction Co. (supra), this Court has held that an application for setting aside an award fil... | 0[ds]11. The facts in the present case are peculiar. The arbitral awards were received by the appellants on August 26, 2003. No application for setting aside the arbitral awards was made by the appellants before elapse of three months from the receipt thereof. As a matter of fact, three months from the date of the rece... | 0 | 1,774 | 608 | ### 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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34 provides that on sufficient cause being shown, the court may entertain the application for setting... |
STATE OF U.P. AND OTHERS Vs. KARUNAKAR KHARE AND OTHERS | B.R. GAVAI, J. 1. Despite being served, none appears for the respondents in Civil Appeal Nos. 2824, 2829, 2830 and 2831 of 2015. 2. The only grievance that is raised in the present appeals is with regard to the date on which the benefit of G.O. dated 7 th December 1979 would be available to the respondents. 3. The issu... | 1[ds]3. The issue involved before the Division Bench of the Allahabad High Court in K.K. Misra and Others v. State of U.P. and Others (Writ Petition No.6700 of 1986 dated 23rd September 1991) pertained to payment of special work allowance, special pay, fixed house rent allowance, motor subsidy and one months extra pay ... | 1 | 543 | 307 | ### 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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B.R. GAVAI, J. 1. Despite being served, none appears for the respondents in Civil Appeal Nos. 2824, 2829, 2... |
Velvet Carpet and Co. Ltd Vs. Commissioner of Income Tax | 1. The question that needs to be decided in the present case is as to whether the Appellant/Assessee herein was entitled to weighted deduction in terms of the provision of Section 35B(1)(b)(iv) of the Income-tax Act, 1961, which was the provision in force during the relevant period, i.e., the assessment year 1983-84. I... | 1[ds]2. We find that the High Court while allowing the appeal of the Department and rejecting the claim of the Assessee, observed that at no stage, the Assessee had put up a case that it had maintained branch or agency outside the country. This is clearly an erroneous finding and against the record. No doubt, the Asses... | 1 | 1,137 | 425 | ### 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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1. The question that needs to be decided in the present case is as to whether the Appellant/Assessee herein was entitled to ... |
Sanjay Batham Vs. Munnalal Parihar | of compensation under the head of loss of future earnings would depend upon the effect and impact of such permanent disability on his earning capacity. The Tribunal should not mechanically apply the percentage of permanent disability as the percentage of economic loss or loss of earning capacity. In most of the cases, ... | 1[ds]14. It is not in dispute that at the time of accident, the appellant was earning Rs.50/per day by doing the work as an unskilled labourer with Raj Gas Agency. It is also not in dispute that as a result of accident, the appellant suffered injuries on different parts of body including the head and after operation le... | 1 | 4,363 | 818 | ### Instruction:
Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document.
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of compensation under the head of loss of future earnings would depend upon the effect and impact of su... |
ASGAR Vs. MOHAN VARMA | proceedings and separate suit would be barred with a view to seeing that multiplicity of proceedings and parallel proceedings are avoided and the gamut laid down by Order 21, Rules 97 to 103 would remain a complete code and the sole remedy for the parties concerned to have their grievances once and for all finally reso... | 0[ds]22. The above observations of the High Court indicate that the reason why it did not go into the question was because it did not arise from the order on the claim petitions. In fact, the High Court also observed that it would not pronounce judgment on whether the appellants were entitled to raise the issue. While ... | 0 | 10,000 | 1,535 | ### 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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proceedings and separate suit would be barred with a view to seeing that multiplicity of proceedings ... |
Auchtel Products Limited Vs. Regional Provident Fund Commissioner | ORAL JUDGMENTBy this petition, the petitioner challenges the order dated 18th December 1995 passed by the Regional Provident Fund Commissioner. A show cause notice dated 23rd August 1995 was issued to the petitioner asking them as to show cause why amount of Provident Fun, Family Pension Fund, Deposit Linked Insurance ... | 1[ds]However, in the submission of the learned counsel, neither that explanation has been considered by the Provident Fund Commissioner and though that explanation has been rejected by the Provident Fund Commissioner, no reasons have been disclosed for doing so. Bare perusal of the order shows that the submission made ... | 1 | 645 | 287 | ### 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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ORAL JUDGMENTBy this petition, the petitioner challenges the order dated 18th December 1995 passed by the Reg... |
State of Orissa Etc Vs. Arun Kumar Patnaik and Another Etc | an appointment. The terms of the initial appointment are relevant in this behalf because though the appointment was on a contract basis, it was also expressly described as temporary. In common parlance it may be incongruous to describe a contractual appointment as temporary, because the appointment is intended in the n... | 1[ds]In view of these facts and considerations, it is impossible to accept the submission made on behalf of Patnaik and Mishra that Krishna Moorthys appointment under the notification of March 14, 1962 is in any sense invalid. Consequently, his subsequent promotions and the seniority accorded to him must also be upheld... | 1 | 3,536 | 462 | ### 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:
an appointment. The terms of the initial appointment are relevant in this behalf because though the app... |
Rawalmal Naraindas & Sons Vs. B. Amarnath | building, a unit with separate door number on the ground floor which was leased out to the appellant-tenant was admittedly a non-residential `building, which attracted the applicability of the provisions of Section 10(3)(a)(iii) of the Act. Section 10(3)(c) would apply in a case where out of the leased premises, a part... | 0[ds]Accepting such a plea at this stage would render the provisions of the Act ineffective inasmuch as the definition of the word `building incorporated in Section 2(iii) of the Act would be rendered futile. The building or part of the building as leased out has to be deemed to be a `building for the purposes of evict... | 0 | 2,306 | 977 | ### 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:
building, a unit with separate door number on the ground floor which was leased out to the appellant-tenant w... |
R. Venkata Ramana Vs. The United India Insurance Co. Ltd | of the accident, is suffering from 80% permanent disability. The Neurologist who had been examined by the Tribunal had stated that there was no chance of any improvement in the health of the injured. Upon perusal of the evidence, we find that Rajanala Ravi Krishna, as a result of the accident, tracheotomy and other sur... | 1[ds]12. From the order of the tribunal, we find that the appellants had in fact proved that they had spent Rs.3,49,128/towards medical expenses for treating their son. They had to purchase certain instruments worth Rs.58,642/for making life of their son comfortable and Rs.31,000/had been spent towards nursing and Rs.1... | 1 | 1,509 | 323 | ### Instruction:
Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document.
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of the accident, is suffering from 80% permanent disability. The Neurologist who had been examined by t... |
Minerals & Metals Trading Corporation Ofindia Ltd Vs. Union Of India & Others | without which it is not regarded as an acceptable wolfram ore or wolfram concentrate and useless to consuming industries. Basic operations bringing the material to such a standard are not a manufacturing process but from part of normal wolframite mining activities".According to a letter dated February 3, 1965 from the ... | 1[ds]We are wholly unable to comprehend how in order to fall under item 26 the ore has to be mined. There is a good deal of force in the argument of Mr. Setalvad for the appellant that the normally acceptable merchantable quality of wolfram or tungsten contains a minimum 65% WO3. This is the usable ore and it is in tha... | 1 | 2,091 | 478 | ### 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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without which it is not regarded as an acceptable wolfram ore or wolfram concentrate and useless to consumin... |
BANGALORE MYSORE INFRASTRUCTURE CORRIDOR AREA PLANNING AUTHORITY & ANR Vs. NANDI INFRASTRUCTURE CORRIDOR ENTERPRISE LIMITED & ORS | view as it did to set aside the communication dated 7.2.2015, it was certainly not right in issuing mandamus to the Planning Authority to straightaway grant Commencement Certificate in respect of the modified proposal. The appropriate order that could have been passed by the High Court in such a situation after setting... | 1[ds]36. Considering the rival submissions, we are inclined to accept the argument of the appellants that the High Court in paragraph 9 of the impugned judgment (reproduced in paragraph 22 of this judgment), posed wrong questions to itself and that led to the erroneous and untenable conclusion deduced by itThe High Cou... | 1 | 28,558 | 4,788 | ### 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:
view as it did to set aside the communication dated 7.2.2015, it was certainly not right in issuing mandamus... |
KUNHAMINA UMMA Vs. PARU AMMA | transaction was intended to be a mortgage and not a lease. It will always be a significant feature in a document as to whether the jenmom right of the tarwad in the properties has been secured for the kanartham by way of mortgage.16. The first and foremost element to be found for a lease is whether there is the intrins... | 1[ds]The test to be applied is whether the purpose of the transaction is enjoyment of the property by the transferee or whether it is intended to secure the repayment of debt by transfer of interest in the property.The demands which are usually considered relevant to find out the intention of the parties are first the ... | 1 | 3,253 | 1,052 | ### 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:
transaction was intended to be a mortgage and not a lease. It will always be a significant feature in a document as to wheth... |
RAMJEE POWER CONSTRUCTION LTD Vs. JHARKHAND URJA VIKAS NIGAM LIMITED AND ANOTHER | upheld the order of learned Sub-Judge I, Ranchi, condoning the delay in filing application under section 34 of the Act. The review petition filed by the petitioner was also rejected. Hence, these special leave petitions. Leave granted. The application under section 34 of the Act can only be filed within a time stipulat... | 1[ds]4. If the application under section 34 of the Act is not filed within the stipulated time of three months, it can be filed within further 30 days vide the proviso.5. In these cases clearly there was no scope for having the delay condoned because the application under section 34 of the Act was well beyond even the ... | 1 | 1,299 | 227 | ### 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:
upheld the order of learned Sub-Judge I, Ranchi, condoning the delay in filing application under section 34 of the Act. The... |
COMMISSIONER OF CUSTOMS, HYDERABAD Vs. PENNAR INDUSTRIES LTD. AND OTHERS | exchequer. 16. The aforesaid Order-in-Original of DGFT was under the provisions of EXIM Policy. It is held by this Court in Sheshank Sea Foods Pvt. Ltd. (supra) that the same would not be binding on the customs authorities and as far as action taken under the Customs Act is concerned, the same is to be covered by the p... | 1[ds]9. Notification No. 30/1997 provides for Exemption to materials imported against advance licence with actual user condition. It is issued by the Central Government in exercise of powers conferred by Sub-section (1) of Section 25 of the Customs Act, 1962 after arriving at a satisfaction that it is necessary in the ... | 1 | 4,207 | 2,382 | ### 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:
exchequer. 16. The aforesaid Order-in-Original of DGFT was under the provisions of EXIM Policy. It is held... |
IN RE: DISTRIBUTION OF ESSENTIAL SUPPLIES AND SERVICES DURING PANDEMIC Vs. | doses/month to 6.5 crore doses/month by July 2021; (b) BBIL: from 90 lakh doses/month to 2 crore doses/month, and further increase to 5.5 crore doses/month by July 2021; and (c) Sputnik V: from 30 lakh doses to 1.2 crore doses/month by July 2021; and (xiii) The regulatory and testing process for foreign vaccines has be... | 1[ds]9. Phase 1 of the National COVID-19 Vaccination Strategy was launched on 16 January 2021 and 1 February 2021 and was targeted towards protecting HCWs and FLWs. Phase 2 was initiated on 1 March 2021 and 1 April 2021, and was directed towards protecting the most vulnerable population in the age group of persons abov... | 1 | 6,892 | 5,105 | ### 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:
doses/month to 6.5 crore doses/month by July 2021; (b) BBIL: from 90 lakh doses/month to 2 crore doses/month,... |
Workmen of Hindusthan Motors Vs. Hindusthan Motors and Another | it is not said that any difficulty has been experienced by the concerns covered by the award in working the scheme given in the award. We cannot see therefore why the respondent concern should have any difficulty in applying this very scheme.6. On behalf of the respondents it is argued that in fact the grades and scale... | 1[ds]On turning to that award we find that there also an argument was advanced on behalf of the engineering concerns that classification of workmen with reference to skill could not be conveniently made without the aid of technical expert bodies and that the tribunal should not embark upon the task of dividing the work... | 1 | 2,722 | 824 | ### Instruction:
Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document.
### Input:
it is not said that any difficulty has been experienced by the concerns covered by the award in w... |
RAHUL JAIN Vs. RAVE SCANS PVT. LTD | counsel for the second respondent-Hero, urged that this court should not interfere with the impugned order. He relied on the observations in Swiss Ribbons and Section 30 of the IBC, to say that creditors falling within one description or class cannot be discriminated against. It was pointed out that the PSU banks dues ... | 1[ds]13. In the present case, it is noticeable that no doubt, Hero was provided with 32.34% of its admitted claim as it has dissented with the plan. On the other hand, Tata Capital Financial Services Ltd. was provided with 75.63% of its admitted claim; other financial creditors (Indian Overseas Bank, Bank of Baroda and... | 1 | 2,598 | 234 | ### 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:
counsel for the second respondent-Hero, urged that this court should not interfere with the impugned order. He relied on ... |
GAURAV HARGOVINDBHAI DAVE Vs. ASSET RECONSTRUCTION COMPANY (INDIA) LTD | R.F. Nariman, J. 1. In the present case, the Respondent No.2 was declared NPA on 21.07.2011. At that point of time, the State Bank of India filed two O.As in the Debt Recovery Tribunal in 2012 in order to recover a total debt of 50 Crores of rupees. In the meanwhile, by an assignment dated 28.03.2014, the State Bank of... | 1[ds]6. Having heard the learned counsel for both sides, what is apparent is that Article 62 is out of the way on the ground that it would only apply to suits. The present case being ?an application? which is filed under Section 7, would fall only within the residuary article 137. As rightly pointed out by learned coun... | 1 | 790 | 243 | ### 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:
R.F. Nariman, J. 1. In the present case, the Respondent No.2 was declared NPA on 21.07.2011. At that point o... |
Bhaiya Ramanuj Pratap Deo Vs. Lalu Maheshanuj Pratap Deo and Others | case, the holder of the estate and gifted 17 of the villages of his estate to his junior wife and the validity of this gift was questioned by his son. The sons plea, however, failed because the Privy Council held that "if, as their Lordships are of opinion, the eldest son, where the Mitakshara law prevails and there is... | 0[ds]22. As regards the second reason, the arguments is based on Section 17 read Section 49 of the Indian Registration Act. Section 17 of the Registration Act enumerates the documents requiring registration Section 49 of the Registration Act provides that no document required by Section 17 or by any provisions ofthe Tr... | 0 | 7,092 | 579 | ### 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:
case, the holder of the estate and gifted 17 of the villages of his estate to his junior wife and the validity of this gi... |
COMMERCIAL TAXES OFFICER Vs. M/S. BOMBAY MACHINERY STORE | issue in favour of revenue, referred to the aforesaid two circulars in upholding the concept of constructive delivery. 11. As per the aforesaid circulars, retention of goods by the transporter beyond the time stipulated therein (being 30 days as per the later circular) would imply that constructive delivery of the good... | 0[ds]8. We must add here that the decision in the case of Guljag (supra) was subsequently carried up in appeal before this Court. It appears from the records of this Court that two of these appeals were disposed of on 30 th September, 2010 as the assessee chose to approach the statutory forum whereas another appeal was... | 0 | 6,270 | 827 | ### 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:
issue in favour of revenue, referred to the aforesaid two circulars in upholding the concept of constructive delivery. 11... |
B. A. Jayaram and Others Etc Vs. Union of India and Others | and the expenditure incurred". Nor is the court to interpose itself by assuming the role of a cost accountant and attempt to balance meticulously the cost of the services, benefits and facilities against the realisation from the levy. And, if the levy as a whole is justified by the need generally, it does not have to b... | 0[ds]It is true that the object of enacting sec. 63 (7) by the Parliament was to promote all-India and inter-state tourist traffic. But taxes on vehicles .. suitable for use on roads is a State legislative subject and it is for the State Legislature to impose a levy and to exempt from the levy. True again, Entry 57 of ... | 0 | 5,149 | 798 | ### 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:
and the expenditure incurred". Nor is the court to interpose itself by assuming the role of a cos... |
Tamil Nadu Electricity Board Vs. TNEB-Thozhilalar Aykkiya Sangam | given revision of DA in every six months without any deviation by applying the State Government formula, at the same time, it was on par with the Central Government dearness allowance. 30. There is no merit in the contention that by BP (FB) No.58 dated 18.07.1998, the Board has unilaterally altered the terms of settlem... | 1[ds]19. As discussed earlier, payment of Dearness Allowance is governed by the Wage Settlement dated 08.07.1998 and the Board Proceedings BP (FB) No.58 dated 18.07.1998. The increases in Dearness Allowance which fell due w.e.f. 01.07.1998, 01.01.1999, 01.07.1999, 01.01.2000, 01.07.2000, 01.01.2001 and 01.07.2001 were ... | 1 | 5,727 | 1,851 | ### Instruction:
Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding.
### Input:
given revision of DA in every six months without any deviation by applying the State Government formu... |
Power Grid Corp.Of India Ltd Vs. Punjab State Power Corp.Ltd | think it just and proper to quote the relevant provision contained in Regulations, 2009 for the just decision of the case. Clause (12) of Regulation 3 defines `date of commercial operation (COD) as under:- "(12) `Date of Commercial Operation of `COD means(a) In relation to a unit or block of the thermal generating stat... | 0[ds](72) of Section 2 of Electricity Act, 2003 defines the word "transmission lines", which reads as"transmission lines" means all high pressure cables and overhead lines (not being an essential part of the distribution system of a licensee) transmitting electricity from a generating station to another generating stat... | 0 | 1,736 | 341 | ### 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:
think it just and proper to quote the relevant provision contained in Regulations, 2009 for the just decision of the case. C... |
Collector of Commercial Taxes, Cuttack Vs. M/s. Bharat Sabai Grass Limited | such question as was formulated by the learned Judges of the High Court actually arose on the facts found in this case, and he has further submitted that the order calling for the reference and the answer which the High Court ultimately gave are based on a complete misapprehension of the decision in Sales Tax Officer, ... | 1[ds]In the case under our consideration, on the facts found, no question arose of the imposition of a tax on a mere agreement to sell. The definition of sale in the Act, unlike the definition in the Uttar Pradesh Sales Tax Act, 1948, did not purport to tax a mere agreement to sell nor did the second proviso thereto pu... | 1 | 2,731 | 459 | ### 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:
such question as was formulated by the learned Judges of the High Court actually arose on the facts found in this case, and... |
H.M.M. Limited Vs. Director of Entry Tax, West Bengal and Others | that excise duty was not paid at the time of the removal of the concerned consignment from the factory at Nabha.14. According to the appellants case in the Writ Petition, when the goods arrive at the Hussenabad check-post in bulk, packed in steel drums containing 182 kgs. of Horlicks Powder each, the goods have no othe... | 0[ds]The appellant produced before the Assessing Offic er a copy of the excise gate pass showing the value to be in respect of the same goods and in respect of the same dealer. The copy purported to be of C. No. CE/20/BPE/70 dated 5.12.1970 of the Superintendent of Central Excise and Customs, Patiala , and it was conte... | 0 | 6,079 | 1,311 | ### 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:
that excise duty was not paid at the time of the removal of the concerned consignment from the factory at Nabha.14... |
Dharam Das and Ors. Vs. The State of Punjab and Ors. | by it that the provisions of Sub-section (4) of Section 3 and Sub-section (5) of Section 7 do not suffer from any Constitutional or other legal impediment. It was, however, pointed out by the High Court that the above plea was not taken in any of the Writ petitions except that in the petition filed by Dharam Das. 27. T... | 0[ds]The full Bench of the Punjab & Harayana High Court in its detailed judgment has considered several aspects in the light of the contentions advanced before it which contentions have been repeated before us. Before we examine the impugned provisions, it is necessary to state that in order to remedy a situation arisi... | 0 | 11,463 | 5,480 | ### 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:
by it that the provisions of Sub-section (4) of Section 3 and Sub-section (5) of Section 7 do not suffer fro... |
AMWAY INDIA ENTERPRISES PVT. LTD Vs. RAVINDRANATH RAO SINDHIA & ANR | It is clear, as has been held by the judgment [L&T Ltd v. MMRDA, 2016 SCC OnLine Bom 13348] of the High Court of Bombay, and which is binding inter-partes, that it is not open for the petitioner to rely upon their status as independent entities while dealing with the respondent and they will have to deal with the respo... | 1[ds]7. The question lies in a very narrow compass.As rightly contended by Ms. Arora, the documentary evidence in this case would be decisive of whether the requirements of sub-clause (i) to Section 2(1)(f) have been met, in which case it is unnecessary to go to sub-clause (iii), as under Section 2(1)(f), at least one ... | 1 | 5,608 | 2,138 | ### 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:
It is clear, as has been held by the judgment [L&T Ltd v. MMRDA, 2016 SCC OnLine Bom 13348] of the High Court... |
Mervyn Continho & Others Vs. Collector of Customs, Bombay & Others | anomalies which may have resulted on account of insufficient recruitment of direct recruits in the past cannot in our opinion be a ground for striking down the rotational system, which, as we have said, does not itself amount to denial of equality of opportunity in the matter of employment in Government service. It is ... | 0[ds]6. Before we come to what has been done in 1963 in the matter of fixing seniority of Appraisers we may refer to two other circulars. The first is a circular of the Board issued in 1953. That circular in our opinion has nothing to do with the question of fixing of seniority as between direct recruits and promotees.... | 0 | 3,451 | 1,742 | ### 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:
anomalies which may have resulted on account of insufficient recruitment of direct recruits in the past canno... |
Nahalchand Laloochand (P.) Ltd Vs. Assistant Commissioner of Income-tax, Mumbai | 1. One of the questions for consideration before the High Court was whether Income Tax Appellate Tribunal was in error in covering the income from house property named Kantilal House under Section 27(iiib) of the Income Tax Act, 1961 (For short, Income Tax Act). The High Court observed that tenants from month to month ... | 1[ds]4. Neither the order of the Income Tax Appellate Tribunal nor the order of the High Court indicate any consideration of the above aspects in respect of the house property named Kanti Lal House except observing that the assessee has been a tenant for a long period and that it had let out the premises. No definite f... | 1 | 1,150 | 150 | ### Instruction:
Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding.
### Input:
1. One of the questions for consideration before the High Court was whether Income Tax Appellate Tribunal was... |
M/s THE NEW INDIA ASSURANCE CO. LTD. & ANR Vs. SHASHIKALA J. AYACHI | has been completely overlooked by the National Consumer Disputes Redressal Commission. 17. The enquiry by the Surveyors with Muscat Radio revealed that no SOS calls were made from the Nakhuda of MSV Sea Queen nor was any response from the rescuing vessel reported. The Meteorological Departments of both countries namely... | 1[ds]9. But what the National Consumer Commission failed to see was that there were more questions that remained unanswered in the version of the respondent-complainant and that there were more missing links. First of all the respondent-complainant did not state anywhere in the complaint as to where exactly the mishap ... | 1 | 3,098 | 1,193 | ### 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:
has been completely overlooked by the National Consumer Disputes Redressal Commission. 17. The enquiry by the Surveyors wit... |
State Of Gujarat Vs. R. G. Teredesai & Anr | May 1958 the City Civil Court decreed the suit holding that the order of dismissal was illegal. He was reinstated with effect from October 10, 1958. He was, however, suspended with immediate effect as a fresh enquiry was proposed to be held against him under Rule 55 of the Civil Services (Classification, Control and Ap... | 0[ds]6. We have no manner of doubt that the decision of the High Court must be upheld in the above view of the matter.In Union of India v. H. C. Goel, 1964-4 SCR 718 = (AIR 1964 SC 364 ), it has been observed that unless the statutory rules or the specific order under which an officer is appointed to hold an inquiry s... | 0 | 1,242 | 445 | ### Instruction:
Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding.
### Input:
May 1958 the City Civil Court decreed the suit holding that the order of dismissal was illegal. He wa... |
The Member For The Board Of Agricultural Income Tax, Assam Vs. Smt. Sindhurani Chaudhurani.(With Connected Appeals) | income". Moreover the dictum the smaller the salami the higher the rent and vice versa did not receive acceptance by the Federal Court when the present matter was heard in that Court before remand (C.A. No. 30 of 1949),20. In Mehar Bano Khanum v. Secretary of State, I L R 53 Cal 34 : (A I R 1925 Cal 929 ) (FB) (I), "sa... | 0[ds]24. In all these appeals before us the assessee derived considerably large amounts of income from agricultural holdings. It is not shown as to what the number of the holdings were but they must have been considerably large. On the other hand the number of settlements was comparatively small - a few hundreds and co... | 0 | 4,700 | 338 | ### 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:
income". Moreover the dictum the smaller the salami the higher the rent and vice versa did not receive ... |
Union of India (UOI) Vs. U.P. State Bridge Corporation Ltd | frequent transfers etc., then the principle of default procedure at least in the cases where Government has assumed the role of appointment of arbitrators to itself, has to be applied in the case of substitute arbitrators as well and the Court will step in to appoint the arbitrator by keeping aside the procedure which ... | 0[ds]9. As is clear from the reading of Section 14, when there is a failure on the part of the Arbitral Tribunal to act and it is unable to perform its function either de jure or de facto, it is open to a party to the arbitration proceedings to approach the Court to decide on the termination of the mandate. Section 15 ... | 0 | 5,688 | 1,656 | ### 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:
frequent transfers etc., then the principle of default procedure at least in the cases where Government has assumed the role... |
Mathalone Vs. Bombay Life Assurance Co. Ltd.Pingle Venkat Rama Reddyv.S | up the right attitude by enquiring as to who the real beneficiary was and to be satisfied by the production of the relative transfer forms. Now, if this had been the only attitude of Mr. Reddy much might have been said in his favour. But unfortunately in this very letter Reddy clearly declined any liability or obligati... | 1[ds]It was been held in the courts below that Sir Padampat became on the 29th July, 1944, the sole beneficial owner of 484 shares sold by Reddy, the legal title to which was vested in him. That having been found, the relation of trustee and cestui que trust was thereby established between them. All that is necessary t... | 1 | 10,354 | 2,914 | ### 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:
up the right attitude by enquiring as to who the real beneficiary was and to be satisfied by the productio... |
S. Kumar Vs. Institute of Constitutional and Parliamentary Studies | requiring him to hand over charge of the Library. The appellant was also served with a notice of the same date, along with a copy of the enquiry report, requiring him to show cause why he should not be dismissed from service. The appellant then filed a suit for declaration and injunction in the Court of the learned Sub... | 0[ds]t contended that the order of dismissal had not been served on him and, therefore, no occasion had arisen for challenging the order. It was alleged that an unsigned copy of an order of dismissal had been received by him and nothing more.We cannot accept the contention, because we find ample evidence on the record ... | 0 | 1,362 | 367 | ### 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:
requiring him to hand over charge of the Library. The appellant was also served with a notice of the same date, along with... |
Assistant Controller of Estate-Duty, Hyderabad Vs. Nawab Sir Mir Osman Ali Khan Bahadur, H. E. H. The Nizam of Hyderabad, and Others | According to him any matter of fact or law which may come to the notice of the appellant after the making of assessment including a finding by a higher authority would be " information " for the purpose and within the meaning of section 59. It is urged that the appellant bad not taken action on mere change of his opini... | 1[ds]s then contended that sections 33B and 35 confer ample powers on the specified authorities to revise thes orders and to rectify mistakes respectively and so it would be legitimate to construe the word information in section 34(1)(b) strictly and to confine it to information in regard to facts or particulars.This... | 1 | 2,201 | 552 | ### 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:
According to him any matter of fact or law which may come to the notice of the appellant after th... |
Central Potteries Ltd Vs. State Of Maharashtra & Others | registration certificate on July 21, 1947 had been cured. He also further held that the liability of the appellant to pay sales tax was not affected by the invalidity of the registration under S. 8. In the result he dismissed the suit with costs.4. Against this decision appellant preferred an appeal to the High Court o... | 0[ds]5. In our judgment the High Court is clearly correct in its view that the appellant was liable to pay the tax under the Act irrespective of whether the registration under S. 8 was valid orliability is not conditional on the registration of the dealer under S. 8. Section 8(1) enacts that "no dealer shall, while bei... | 0 | 1,995 | 651 | ### 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:
registration certificate on July 21, 1947 had been cured. He also further held that the liability of the appellant to pay ... |
SOUTH INDIAN BANK LTD Vs. COMMISSIONER OF INCOME TAX | retain control over the investee company. In that case, whenever dividend is declared by the investee company that would necessarily be earned by the assessee and the assessee alone. Therefore, even at the time of investing into those shares, the assessee knows that it may generate dividend income as well and as and wh... | 1[ds]16. As can be seen, the contention on behalf of the assessee was rejected by the CIT(A) as also by the High Court primarily on the ground that the assessee had not kept their interest free funds in separate account and as such had purchased the bonds/shares from mixed account. This is how a proportionate amount of... | 1 | 4,515 | 2,398 | ### 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:
retain control over the investee company. In that case, whenever dividend is declared by the investee company that would n... |
National Insurance Co. Ltd Vs. Yellamma | not earlier than the date on which the premium has been paid in cash or by cheque to the insurer. Explanation.- Where the premium is tendered by postal money order or cheque sent by post, the risk may be assumed on the date on which the money order is booked or the cheque is posted, as the case may be. 7. The question ... | 1[ds]9. In this case, there cannot be any doubt or dispute whatsoever that no privity of contract came into being between the appellant and the second respondent and as such the question of enforcing the purported contract of insurance while taking recourse to Section 147 of the Motor Vehicles Act did not arise. Second... | 1 | 2,295 | 825 | ### 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:
not earlier than the date on which the premium has been paid in cash or by cheque to the insurer. Explanatio... |
B.N. Elias & Company Limited, Employees' Union & Others Vs. B.N. Elias & Company Limited & Others | of goodwill in circumstances in which no tribunal would award a bonus. The respondents therefore resisted the claim for any further payment as bonus for these three years.4. Before the tribunal, the appellants abandoned their claim for bonus on the basis of the Full Bench formula. They however pressed their claim on th... | 1[ds]The evidence shows that though payment was made uninterruptedly from 1942 to 1952 three times a year to the clerical staff and four times a year to the subordinate staff, it was made clear every time the payment was made that it was an ex gratia payment. Further the receipts given by the employees, a sample of whi... | 1 | 1,676 | 579 | ### Instruction:
Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document.
### Input:
of goodwill in circumstances in which no tribunal would award a bonus. The respondents therefore resist... |
INDIA POWER CORPORATION LTD Vs. EASTERN COALFIELDS LIMITED | Petition is to prevent the respondents from obtaining recovery of possession of the generating station without releasing the written down value of the added assets, as per computation of the petitioners. It is also noticed that in spite of orders passed by the Court on 12.10.2012 that …steps ought to be taken by the co... | 0[ds]9. Paragraph 160 of the award cannot be read in isolation. It was a part of the award dealing with the Application for amendment of counter claim filed by respondent--ECL. The award carried the above sub-title before paragraph 157. Paragraph 160 contains mere submissions advanced on behalf of the appellant/claiman... | 0 | 3,289 | 627 | ### 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:
Petition is to prevent the respondents from obtaining recovery of possession of the generating station witho... |
Nand Kishore Gupta Vs. State Of U.P | is a strong possibility of encroachment on the land, which will affect the Project of Y.E.I.D.A. in public interest. In para 4 it was stated that hearing of oral and written objections will take several years causing indefinite delay in construction of interchange. The proposal was forwarded with recommendation signed ... | 1[ds]23. We have now to see as to whether the challenge posed by the appellants herein about this acquisition not being for public purpose is justified or not. Shri Ranjit Kumar, Shri Debol Banerjee, learned Senior Counsel and Ms. Meenakshi Arora, learned Counsel appearing on behalf of the appellants, vehemently urged ... | 1 | 14,829 | 6,874 | ### 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:
is a strong possibility of encroachment on the land, which will affect the Project of Y.E.I.D.A. in public interes... |
P. GOPINATHAN PILLAI Vs. UNIVERSITY OF KERALA & ORS | Court dated 14.06.2005 in W.P.(C) No.3141 of 2004(Y), Dr. B. Vijayakumar vs. The University of Kerala and others. In the above case the writ-petitioner was also working as Director, and reliance was placed on the judgment in Writ Appeal No.180 of 1992. The learned Single Judge relying on the Division Bench judgment in ... | 0[ds]18. The judgment of the High Court does not mention any details of the establishment, nature and organisation of the Centre i.e. CACEE19. Although rejoinder-affidavit has been filed by the appellant to the above counter-affidavit of the University but neither there is any reply to the counter-affidavit nor details... | 0 | 4,707 | 736 | ### 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:
Court dated 14.06.2005 in W.P.(C) No.3141 of 2004(Y), Dr. B. Vijayakumar vs. The University of Kerala and ot... |
Asha & Others Vs. United India Insurance Co. Ltd. & Another | forty-two only). TABLE This salary certificate is for accident compensation court case. 4. It is urged that the Insurance Company could not have filed an appeal on any ground other than that available under Section 149 of the Motor Vehicles Act. It was submitted that a joint appeal was not maintainable. In support of t... | 0[ds]This question was not agitated before the High Court at all. It is an admitted position that the award was against both the owners and the Insurance Company. To that extent the owners were also aggrieved. They definitely had a right to maintain an appeal. So long as the owner was a party to the appeal the mere fac... | 0 | 1,340 | 207 | ### 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:
forty-two only). TABLE This salary certificate is for accident compensation court case. 4. It is ... |
H. V. Kamath Vs. Ch. Nitiraj Singh | one Shri S. K. Dixit a member of the Congress Party published a pamplet Ex.P-2 on or about February 7, 1967 refuting the false propaganda that the exemption was temporary and was granted with a view to forfeit the lands and urging the electors to vote for the Congress. On the materials on the record it is impossible to... | 0[ds]The evidence shows that dummy ballot papers as mentioned above were printed and distributed on behalf of the respondent. Such dummy ballot papers were in contravention of the instructions issued by the Election Commission of India. The appellants name should not have been printed in them. But it is impossible to s... | 0 | 1,685 | 518 | ### 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:
one Shri S. K. Dixit a member of the Congress Party published a pamplet Ex.P-2 on or about February 7, 1967... |
The Govt. of A.P. and Ors Vs. P. Chandra Mouli and Anr | avail alternative remedy. Further the High Court has considered the plea of malafides in writ petition. The Tribunal had not considered the case on merit. It had only directed the respondent No.1 to avail Statutory remedy. That being so it was certainly not open to the High Court to go into a detail examination of the ... | 1[ds]8. The High Court ought to have noticed that this was not a case where alternative remedy could be avoided. It was necessary, as rightly observed by the Tribunal in the first occasion, for respondent No.1 to avail alternative remedy. Further the High Court has considered the plea of malafides in writ petition. The... | 1 | 2,005 | 284 | ### 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:
avail alternative remedy. Further the High Court has considered the plea of malafides in writ petition. The ... |
Bhabhi Vs. Sheo Govind & Ors | declare the election to be void a course which has been expressly prohibited by this Court, because it sets at naught the electoral process and causes a sense of instability and uncertainty amongst the duly elected candidates. Thirdly, while the learned Judge has observed that the Court must be prima facie satisfied re... | 1[ds]These observations clearly show that the learned Judge made no attempt at all to give any finding whether he was prima facie satisfied regarding the credibility of the evidence or the materials adduced before him but ordered a sample inspection in order to test the validity of the allegations made by the responden... | 1 | 5,209 | 1,762 | ### 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:
declare the election to be void a course which has been expressly prohibited by this Court, because it sets a... |
Yograj Infras.Ltd Vs. Ssang Yong Engineering & Constrn.Co.Ltd | provides as follows : “This agreement shall be subject to the laws of India. During the period of arbitration, the performance of this agreement shall be carried on without interruption and in accordance with its terms and provisions.” 33. As will be seen from Clause 27.1, the arbitration proceedings are to be conducte... | 0[ds]In our view, Clause 28 of the Agreement provides the answer. As indicated hereinabove, Clause 28 indicates that the governing law of the agreement would be the law of India, i.e., the Arbitration and Conciliation Act, 1996. The learned counsel for the parties have quite correctly spelt out the distinction between ... | 0 | 6,744 | 957 | ### 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:
provides as follows : “This agreement shall be subject to the laws of India. During the period of arbitration, the perfor... |
Commnr. Of Central Excise, Bhavnagar Vs. M/S. Saurashtra Chemicals Ltd | the Act. (iii) Penalty should not be imposed upon the Noticee under Rule 173Q(1) of the Rules. Cause was shown. The matter was determined by the Assistant Commissioner of Central Excise, Junagadh in terms of an order dated 13.9.2001 holding that the respondent was entitled to CENVAT credit only to the extent of 50%. An... | 1[ds]10. We, therefore, are of the opinion that the High Court was not correct in opining that CENVAT credit to the extent of 100% could be allowed in terms of Rule 57AC of the RulesBut, what was done was that while granting relief to the extent of 50% in the relevant year, it purports to hold that the credit of balanc... | 1 | 2,651 | 162 | ### Instruction:
Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences.
### Input:
the Act. (iii) Penalty should not be imposed upon the Noticee under Rule 173Q(1) of the Rules. Cause was shown. The matter... |
East India Hotels Limited Vs. Syndicate Bank | the plaintiff bank who is admittedly a licensee and having become a trespasser after December 31, 1986 could claim recovery of possession against the owner 8. The only prohibition under the provisions of Section 6 of the Act is not to use force and not to use any unlawful means for dispossessing a person. Both these ci... | 1[ds]It is well settled that the plaintiff cannot be allowed to go against its own pleadings and the case as set up in the plaint. The agreement which is an admitted document also shows in unmistakable terms that it was an agreement of leave and licence. The High Court also has held that the plaintiff was a licensee in... | 1 | 4,244 | 798 | ### Instruction:
Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding.
### Input:
the plaintiff bank who is admittedly a licensee and having become a trespasser after December 31, 1986 could claim recover... |
M/s Hindustan Petroleum Corpn. Ltd. & Others Vs. M/s. Super Highway Services & Another | same could have been sent by registered post with acknowledgement due and the Marker Test could have been postponed for some time for the said purpose as there was no immediate threat to the T/T Samples or the samples at site becoming contaminated in any way. It was pointed out that even the ordinary norms relating to ... | 0[ds]18. In the instant case, we are inclined to agree with Mr. Bhatts submissions that the High Court did not commit any error in allowing the writ petition filed by the Respondent No.1 herein, upon holding that notice of the Laboratory Test to be conducted at the Barauni Terminal had not been served upon the Responde... | 0 | 4,191 | 388 | ### 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:
same could have been sent by registered post with acknowledgement due and the Marker Test could have been pos... |
Cooper Engineering Limited Vs. D.M. Aney & Others | the various clauses in the two settlements that they related to payment of wages including dearness allowance, which had the character of an interim relief, as awarded by the Wage Board. It is the further view of the High Court that when the final recommendations of the Wage Board are made, the workmen were at liberty ... | 0[ds]11. Though there has been a very elaborate consideration by the High Court regarding the competency of the third respondent to terminate the settlements, its ultimate decision is rested on a construction of the two settlements dated November 1, 1966 and May 13, 1967. According to the High Court, it is abundantly c... | 0 | 2,965 | 540 | ### Instruction:
Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences.
### Input:
the various clauses in the two settlements that they related to payment of wages including dearness allowance, which had t... |
Chatturbhuj Vithaldas Jasani Vs. Moreshwar Parashram And Others | law, may by his course of conduct after his conversion have shown by what law he intended to be governed as to these matters. He may have done so either by attaching himself to a class which as to these matters has adopted and acted. upon some particular law, or by having himself observed some family usage or custom; a... | 0[ds]We do not intend to analyse these letters in detail. here. It is enough to say that in our opinion no binding engagement can be spelt out of them except to this extent : Moolji Sicka & Company undertook to sell to the canteen contractors only through the Canteen Stores and not direct and undertook to pay a commiss... | 0 | 9,026 | 3,066 | ### 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:
law, may by his course of conduct after his conversion have shown by what law he intended to be governed as to these matte... |
Delhi Science Fortum and Others Vs. Union of India and Another | countries developed as well as under-developed. 25. It appears that the Telecom Regulatory Authority of India Ordinance, 1996 has been promulgated after the hearing of the writ petitions concluded. From the preamble of the said Ordinance it appears that object thereof is to establish the Telecom Regulatory Authority of... | 0[ds]According to us the power and authority of the Central Government to grant licences to private bodies including Companies subject to conditions and considerations for payments cannot be questioned. That right flows from the same(1) of Section 4 which vests that privilege and right in the Central Government. Of cou... | 0 | 9,501 | 1,703 | ### 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:
countries developed as well as under-developed. 25. It appears that the Telecom Regulatory Authority of... |
State of Uttar Pradesh Vs. Tipper Chand | Fazal Ali, J.1. This is an appeal by special leave against the judgment dated September 12, 1969, of a Single Judge of the High Court of Allahabad accepting an application under Section 115 of the Code of Civil Procedure, setting aside the orders of the courts below and directing that the application made by the defend... | 0[ds]4. After perusing the contents of the said clause and hearing learned counsel for the parties we find ourselves in complete agreement with the view taken by the High Court. Admittedly the clause does not contain any express arbitration agreement. Nor can such an agreement be spelled out from its terms by implicati... | 0 | 884 | 154 | ### 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:
Fazal Ali, J.1. This is an appeal by special leave against the judgment dated September 12, 1969, of a Single Judge of the H... |
Southern Petrochemical Industries Co.Ltd Vs. Electricity Inspector And E.T.I.O. | to the question of duty, we have no hesitation in an outright rejection of the extreme contention put forward on behalf of the appellants that no duty is liviable at all on the demand charge. But it is clear, and this was fairly conceded to by the Solicitor General appearing for the State of Haryana, that the amount of... | 1[ds]77. This leaves to the question as to whether the provisions of Section 14 of the 2003 Act should be read in such a manner so as to make it in consonance with Article 14 of the Constitution of India. The learned counsel would contend that Section 14 is loosely worded. We do nothave to give a new meaning which woul... | 1 | 25,956 | 1,442 | ### 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:
to the question of duty, we have no hesitation in an outright rejection of the extreme contention put f... |
Management of Kirloskar Electric Company Vs. Their Workmen | Grover, J.1. This is an appeal by special leave from an award of the Industrial Tribunal, Mysore. This Court, while granting special leave, confined it only to the question of giving of uniforms to welders and winders.2. The appellant has a factory employing on an average 200 workers. On February 12, l968 a reference w... | 0[ds]We do not think that any case has been made out for interference by this court on the point which the special leave was granted. In the first place the Tribunal has taken into consideration not only the oral evidence but also all the other relevant circumstances. Secondly as laid down in Hindustan Antibiotics Ltd.... | 0 | 775 | 157 | ### 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:
Grover, J.1. This is an appeal by special leave from an award of the Industrial Tribunal, Mysore. This Court,... |
Secretary to Government of Karnataka and another Vs. V. Harishbabu | by the Court regarding the filing of the award by the arbitrator. 20. From the aforesaid facts it unmistakably follows that no notice, whether in writing or orally, was ever issued by the Court to the appellant regarding the filing of the award in the Court to the appellant regarding the filing of the ward in the Court... | 1[ds]15. In view of the settled law and our discussion above, our answer to the question posed in the opening part of the judgment is that the period of limitation for filing objections seeking the setting aside of an arbitration award commences from the date of service of the notice issued by the Court upon the partie... | 1 | 5,082 | 1,279 | ### Instruction:
Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding.
### Input:
by the Court regarding the filing of the award by the arbitrator. 20. From the aforesaid facts it unmistakably fol... |
Srinivas Gopikishen Badruka Vs. State of Andhra Pradesh | to it by the Indian Contract Act, 1872. Section 182 of the Contract Act defines "agent" thus :"An agent is a person employed to do any act for another or to represent another in dealings with third persons3. It is contended on behalf of the appellant that the definition in the Contract Act cannot be imported into the S... | 0[ds]3. It is contended on behalf of the appellant that the definition in the Contract Act cannot be imported into the Sales Tax Act.But no reason is given in support of the contention and, therefore, we cannot accept it. What we have to see then is whether under the tripartite agreement upon which reliance is placed o... | 0 | 1,965 | 1,072 | ### 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:
to it by the Indian Contract Act, 1872. Section 182 of the Contract Act defines "agent" thus :"An... |
Chairman, Ramappa Gundappa Sahakari Samyukta Besava Sangha Limited & Another Vs. State of Mysore & Others | covered by the present appeal,and is "in supersession of all orders issued so far in connection with the disposal of galper lands".7. As pointed out above, adjoining owners enjoyed a weightage in getting the lands for seasonal cultivation under the 1931 resolution of Government but that stood superseded by the 1953 mem... | 1[ds]7. As pointed out above, adjoining owners enjoyed a weightage in getting the lands for seasonal cultivation under the 1931 resolution of Government but that stood superseded by the 1953 memorandum of Government which give a list of priorities in regard to persons who should be eligible for getting leases oflands. ... | 1 | 2,158 | 1,046 | ### 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:
covered by the present appeal,and is "in supersession of all orders issued so far in connection with the disposal of galpe... |
Ghanshyam Das Shrivastava Vs. State Of Madhya Pradesh | appellant was paid the subsistence allowance at any time before the disposal of the hearing before the Enquiry Officer, and whether on account of non-payment of the subsistence allowance he was unable to appear before the Enquiry Officer." The High Court was directed to dispose of the writ petition in the light of its ... | 1[ds]These facts plainly show that a part of the evidence had already been recorded before the first payment of substance allowance was made to the appellant. Nevertheless, the High Court has held that he was not unable to appear before the Enquiry Officer on account of the non-payment of his subsistence allowance. The... | 1 | 1,459 | 854 | ### 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:
appellant was paid the subsistence allowance at any time before the disposal of the hearing before the Enquiry Officer, and ... |
Hoechst Pharmaceuticals Ltd. And Another Etc Vs. State Of Bihar And Others | cake sold inside the State and. deducting only the value of the copra relatable to the oil sold inside the State. It was contended by the assessee that in the calculation of the net turnover, he was entitled to include the total value of the oil sold by him, both inside and outside the State, and deduct therefrom the t... | 0[ds]We find it difficult to subscribe to the proposition advanced on behalf of the appellants that merely because of the opening words of Art. 246(3) of the Constitution "Subject to clauses (I) and (2)" and the non-obstante clause in Art. . 246(1) Notwithstanding . anything in clauses (2) and (3)", sub-s. (3) of s. 5 ... | 0 | 25,924 | 4,890 | ### 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:
cake sold inside the State and. deducting only the value of the copra relatable to the oil sold inside the State. ... |
V. Tulasamma & Ors Vs. V. Sesha Reddi (Dead) By L. Rs | mentioned above; on the question of law involved in this appeal as to the interpretation of s. 14(1) and (2) of the Act of 1956. These conclusions may be stated thus:"(1) The Hindu females right to maintenance is not an empty formality or an illusory claim being conceded as a matter of grace and generosity, but is a ta... | 1[ds]This being the position after marriage, it is manifest that the law enjoins a corresponding duty on the husband to maintain his wife and look after her comforts and to provide her food and raiments. It is well settled that under the Hindu Law the husband has got a personal obligation to maintain his wife and if he... | 1 | 27,366 | 6,384 | ### 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:
mentioned above; on the question of law involved in this appeal as to the interpretation of s. 14... |
State Of Assam & Anr Vs. J. N. Roy Biswas | KRISHNA IYER, J.1. Was this virtually valstudinarian appeal by the Sate against an old and perhaps by now superannuated employee necessary? Litigation by the State means laying out public resources, in a country of much poverty and scarce resources and only if the demanding justice of a case calls for it should an appe... | 0[ds]A small veterinary official, a long enquiry for misconduct, a final direction canceling suspension and reinstating him, the likelihood of the man having retired (15 years have gone by) and nothing on record to substantiate any fatal infirmity in the earlier enquiry or dereliction of duty by the disciplinary author... | 0 | 740 | 242 | ### 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:
KRISHNA IYER, J.1. Was this virtually valstudinarian appeal by the Sate against an old and perhaps by now ... |
Divisional Forest Officer Vs. Bishwanath Tea Co. Ltd | Ass. 92 : LR 1970 Ass 183) a writ petition was filed challenging the revision of rates of royalty for two different periods. Rejecting this petition as not maintainable, a Division Bench of the High Court held that the complaint of the petitioner is that there is violation of his rights under the contract and that such... | 1[ds]5. Unquestionably, the rights and obligations between the parties to this appeal are governed by the terms of the lease dated September 27, 1932. Specifically, the respondent who was a petitioner in the High Court claimed the right to relief under Clause 2 of Part IV of the indenture of lease which reads as under ... | 1 | 4,616 | 1,417 | ### 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:
Ass. 92 : LR 1970 Ass 183) a writ petition was filed challenging the revision of rates of royalty for two different periods.... |
Rasheed Beg & Others Vs. State of Madhya Pradesh | Arifbeg succumbed to his injuries on 24-8-1969.3. All the accused pleaded not guilty. They further said that they have been falsely implicated due to enmity.4. The only direct evidence is that of Sardarbeg, uncle of Arifbeg. As regards the murder of Arifbeg there is an additional evidence. It consists of four dying dec... | 1[ds]4. The only direct evidence is that of Sardarbeg, uncle of Arifbeg. As regards the murder of Arifbeg there is an additional evidence. It consists of four dying declarations of Arifbeg two of them are oral, and the remaining two in writing. The oral dying declarations were made, to Majeed Khan and Sardarbeg. The wr... | 1 | 1,520 | 1,061 | ### 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:
Arifbeg succumbed to his injuries on 24-8-1969.3. All the accused pleaded not guilty. They further said that ... |
M. Selvaraj Daniel Vs. Management Of State Bank Of India | Sastry Award in the disputes between certain banking companies and their workmen as modified by the labour Appellate Tribunal was given statutory force by the Industrial Disputes (Banking Companies) Decisions Act, 1955. In applying to the appellant this award which is admittedly applicable to him the bank proceeded on ... | 1[ds]The appellants case in the written statement was that under the Sastry Award his pay had to be fixed in accordance with the directions in cl. 7 of para 292 but that the bank had wrongly fixed his pay on the same basis as the employees who entered service of the respondent before January 31, 1950. He claimed that i... | 1 | 1,170 | 563 | ### 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:
Sastry Award in the disputes between certain banking companies and their workmen as modified by the labour Appella... |
Chunilal Vithaldas Vs. Mohanlal Motilal Patel | one Masataram a consulting architect estimated the cost of the structure to be Rupees 2,35,777-1-2 at the rates prevailing in 1950. He stated that the prices prevailing in 1954 when he gave evidence were a little lower than the prices prevailing in 19.50, though in respect of certain items the prices may have gone up."... | 0[ds]6. It is somewhat unfortunate that the appeal filed by the respondent has been admitted to the file and is to be heard on the merits, while the appeal filed by the appellant was summarilyare unable to agree with that plea.It is true that in the body of S. 100 of the Code of Civil Procedure the Legislature has not ... | 0 | 3,532 | 1,037 | ### 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:
one Masataram a consulting architect estimated the cost of the structure to be Rupees 2,35,777-1-2 at the rates prevailing ... |
Mahadeo Vs. Shantibhai And Ors | be required with effect from the commencement of the academic session 1967-68 i.e. from Monday, the 17th July 1967.The letter went on to add:"Your tenure as part-time Professor of Law in Madhav College, Ujjain has therefore ceased with effect from June 30, 1967." 11. By letter dated 31st July 1967 the Registrar of the ... | 0[ds]The word office according to Websters New World Dictionary means, inter alia, "a function or duty assigned to someone, specially as an essential part of his work or position, a position of authority or trust especially in a Government, Corporation etc." According to Jowitts Law Dictionary, it means the right and d... | 0 | 4,403 | 818 | ### 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:
be required with effect from the commencement of the academic session 1967-68 i.e. from Monday, t... |
Jiwan Singh Vs. Rajendra Prasad and Anr | Rent Control Officer committed an error of law in not allotting the shops to the 1st respondent as the landlord had given his consent for allotting the shops to the 1st respondent although he revoked the consent later on and hence the allotment order passed in favour of the appellant was in contravention of the rules a... | 1[ds]6. The learned Judge Small Causes Court, held that the landlord having intimated to the Rent Control Officer under Section 7 (1) (a) of the Act on 20-12-l966 that the accommodation because vacant, the Rent Control Officer was obliged to pass an order of allotment in favour of the nominee of the landlord under R. 4... | 1 | 1,752 | 734 | ### 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:
Rent Control Officer committed an error of law in not allotting the shops to the 1st respondent as the lan... |
F.A. Sapa Etc. Etc Vs. Singora And Ors. Etc | We are afraid this criticism is not wholly correct because the High Court has also observed that `no specific omission or deviation in the copy from the original was pointed out nor was it shown that the respondents were misled on that account. We have also closely scrutinised the application made by the returned candi... | 1[ds]The High Court has applied the correct test while permitting the amendments. The High Court has rightly pointed out that the power conferred by section 86(5) cannot be exercised to allow and amendment which will have the effect of introducing a corrupt practice not previously alleged in the petition. If it is foun... | 1 | 15,645 | 1,251 | ### 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:
We are afraid this criticism is not wholly correct because the High Court has also observed that `no specifi... |
Banwari Ram Vs. State of U.P | the oral testimony of more than two prosecution witnesses. Once it is held that they were also members of unlawful assembly they will be liable for the unlawful activities of the members of the said assembly, even if they might not have actually fired the guns. On the materials on record the High Court has come to the ... | 0[ds]We have also examined the evidence on record and the conclusion is irresistible that the prosecution case that accused appellants being members of an unlawful assembly indiscriminately started firing at the Army jawans which resulted in the death of 12 Army personnel has been proved beyond reasonable doubt, and as... | 0 | 3,789 | 951 | ### 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:
the oral testimony of more than two prosecution witnesses. Once it is held that they were also members of unlawful assembly... |
Orient Paper & Industries Ltd Vs. State Of M.P. | change. Whenever a commodity undergoes a change as a result of some operation performed on it or in regard to it, such operation would amount to processing of the commodity; but it is only when the change or a series of changes takes the commodity to the point where commercially it can no longer be regarded as the orig... | 1[ds]8. The distinction between manufacturing and processing has been examined by this Court in several cases. According to Oxford Dictionary one of the meanings of the word process is "a continuous and regular action or succession of actions taking place or carried on in a definite manner and leading to the accomplish... | 1 | 3,309 | 1,473 | ### 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:
change. Whenever a commodity undergoes a change as a result of some operation performed on it or in reg... |
Dai-Ichi Karkaria Ltd Vs. Union Of India | the notification issued under Section 25 of the Customs Act, 1962 is considered. This Court held that power to grant exemption under Section 25 of the Customs Act is a legislative power and a notification issued by the Government thereunder amounts to a piece of subordinate legislation, even then the notification is li... | 1[ds]In the present case, by issuing different set of notifications and granting exemption at different stages and limiting only to the extent of 75% for the period from December 30, 1986 to September 10, 1987 and for the reasons stated earlier in the manner set out in the counter affidavit clearly indicate that the Go... | 1 | 3,100 | 294 | ### Instruction:
Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding.
### Input:
the notification issued under Section 25 of the Customs Act, 1962 is considered. This Court held that... |
SHRI KSHETRIMAYUM BIREN SINGH Vs. THE HON?BLE SPEAKER, MANIPUR LEGISLATIVE ASSEMBLY & ORS. ETC. | High Court however affirmed the order passed by the Speaker and dismissed said writ petitions. The point in issue was considered by the High Court as under; [43] The Speaker heard all the Disqualification Cases jointly on 18.06.2020 and after taking into consideration all the pleadings, newspaper reports, the photograp... | 1[ds]17. With the assistance of the learned counsel, we have gone through the pleadings exchanged between the parties and the facts on record. It is quite clear that the petitions were directed to be taken up for hearing on 22.06.2020 but were preponed to 18.06.2020.18. Without going into the question whether such prep... | 1 | 2,608 | 220 | ### 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:
High Court however affirmed the order passed by the Speaker and dismissed said writ petitions. The point in issue was consid... |
State of Karnataka Vs. Krishnaji Srinivas Kulkarni and Others | to hold the lands. Sub-section (1) expressly mandates that "no person other than a person cultivating land personally" shall be entitled to hold land. In other words, a person be it owner or a tenant, but be in possession and personally cultivating the land has been statutorily permitted to hold the land. The holding o... | 1[ds]We are not so much concerned with the lawful possession or possession of a tenant holding over for the purpose of interpreting the provisions of the Act. Section 6, as seen earlier, specifically declares that despite the expiry of lease by efflux of time, the tenancy would not stand terminated and that, therefore,... | 1 | 2,511 | 1,243 | ### 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 hold the lands. Sub-section (1) expressly mandates that "no person other than a person cultivating land persona... |
Naveen Kumar Vs. Vijay Kumar & Others | reasoning, that the registered owner was not liable.11. The subsequent decision of a Bench of three judges of this Court in HDFC Bank Limited v Reshma (supra) involved an agreement of hypothecation. The Tribunal held the financier of the vehicle to jointly and severally liable together with the owner on the ground that... | 1[ds]12. The consistent thread of reasoning which emerges from the above decisions is that in view of the definition of the expressionin Section 2(30), it is the person in whose name the motor vehicle stands registered who, for the purposes of the Act, would be treated as theHowever, where a person is a minor, the guar... | 1 | 4,901 | 466 | ### 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:
reasoning, that the registered owner was not liable.11. The subsequent decision of a Bench of three judges of this Court i... |
Dee Vee Projects Ltd Vs. The Government of Maharashtra and ors | Tax, MIDC-Nagpur-502 Admn.State. This order does not give any reasons and, therefore, there is no question of any reflection therein of the authority passing the order on being satisfied about the necessity of passing it. When the first requirement of rule 86-A is of, having reasons to believe and it has manifestly bee... | 1[ds]20. Reading the provision, we can see that appeal under section 107(1) can be filed against a decision or order passed under Central GST Act or State GST Act or the Union Territory GST Act by an adjudicating authority. It is also clear that this provision does not include any decision or order passed under the Rul... | 1 | 7,637 | 3,593 | ### 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:
Tax, MIDC-Nagpur-502 Admn.State. This order does not give any reasons and, therefore, there is no question ... |
State Of Punjab Vs. M/S.Nestle India Ltd.&Anr | Such a course would render the mandatory provisions of the enactment meaningless and superfluous. Where the field is occupied by an enactment, the executive has to act in accordance therewith, particularly where the provisions are mandatory in nature. There is no room for any administrative action or for doing the thin... | 0[ds]18. The respondents are admittedly dealers within the meaning of the definition of the word under Section 2(d) of the Act. Every dealer is required to pay tax in the manner prescribed under Section 10 which requires furnishing of returns/ declarations by the dealer together with the receipt showing that the full a... | 0 | 7,488 | 893 | ### 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:
Such a course would render the mandatory provisions of the enactment meaningless and superfluous. Where the field... |
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