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The Vanguard Fire And Generalinsurance Co. Ltd., Madras Vs. M/S. Fraser And Ross And Another | otherwise, all the provisions of the Act, including S. 33, will apply to the Company.12. The last argument in support of the second contention is that the liabilities have been otherwise provided for. It is said that the Company deposited Rs. 3,94,000/- as security under S. 7 of the Act, which is still available to pay... | 0[ds]5. The contention of Shri Aggarwala is that S. 33 and S. 2D both refer to an insurer which is defined in S. 2 (9) as a person carrying on the business of insurance. He, therefore, contends that as soon as the insurer who was carrying on the business of insurance closes it down completely he no longer remains an in... | 0 | 5,694 | 2,995 | ### 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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otherwise, all the provisions of the Act, including S. 33, will apply to the Company.12. The last argument in support of ... |
M/S.Patheja Bros.Forgings&Stamping &Anr Vs. I.C.I.C.I. Ltd. | then, notwithstanding anything contained in the Companies Act, 1956 (1 of 1956), or any other law or the memorandum and articles of association of the industrial company or any other instrument having effect under the said Act or other law, no proceedings for the winding up of the industrial company or for execution, d... | 1[ds]It remains to deal with the judgment of the Division Bench of the Bombay High Court in Madalsa International Ltd. The Division Bench found no ground to so read Section 22 as to hold that a suit against the guarantor also stands suspended. It said, "The guarantor could be absolute third parties or directors of an i... | 1 | 1,804 | 338 | ### 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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then, notwithstanding anything contained in the Companies Act, 1956 (1 of 1956), or any other law or the memorand... |
M. V. Narasappa Vs. Commercial Tax Officer, Kolar, and Another | actually collected during that year. 6. Every dealer not liable to submit a return under rule 12, who has a net turnover of not less than Rs. 10, 000 in any year, shall unless he has elected to be assessed by the method described in rule 20 submit to the assessing authority of the area in which his principal place of b... | 0[ds]We heard the learned counsel for the appellant on the constitutional points involved but we find that it is not necessary to deal with them because we agree with the contention of the learned counsel for the respondent that the Commercial Tax Officer would be entitled to assess the assessee in respect of the year ... | 0 | 2,553 | 694 | ### 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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actually collected during that year. 6. Every dealer not liable to submit a return under rule 12, who has a net t... |
M.V. Tongli Yantai Vs. Great Pacific Navication (Holdings) Corporation Limited | documents under the aforesaid Act and that Lloyds list would be analogous such documents being maintained as public documents containing the data of shipping companies. Of course, our observation would be subject to the decision in the appeal.Counsel on behalf of the Petitioner has produced the Terms and Conditions iss... | 1[ds]We have observed that the learned single Judge has observed that two of the companies whose veil was sought to be lifted were not sued. Paragraph 136 of the judgment of the learned single Judge shows that the question of law relating to lifting the corporate veil would arise in "proceedings between" the Plaintiff ... | 1 | 3,548 | 181 | ### 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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documents under the aforesaid Act and that Lloyds list would be analogous such documents being maintained as... |
CHENNAI PORT TRUST Vs. THE CHENNAI PORT TRUST INDUSTRIAL EMPLOYEES CANTEEN WORKERS WELFARE ASSOCIATION AND ORS | and all the benefits to the canteen employees.(ix) The prices of the food stuff are very cheap and the food is carried in trickles to the workers in the Marshalling Yard, ONGC Pipeline, Oil Dock, Diesel Loco and such other places where a canteen cannot be established and specifically intended only for the workers.(x) T... | 0[ds]11. Having heard the learned counsel for the parties and on perusal of the record of the case, we find no merit in the appeal.12. In our considered view, the Writ Court (Single Judge) and the Division Bench were right in their reasoning and the conclusion.13. The Division Bench, in our opinion, rightly relied upon... | 0 | 2,480 | 699 | ### 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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and all the benefits to the canteen employees.(ix) The prices of the food stuff are very cheap an... |
Shama Rahul Moholkar @ Shama Vasant Padale & Another Vs. Rahul Deorao Moholkar & Another | sources of income. Respondent has done his Bachelor in Engineering from V.J.T.I, Matunga, Mumbai and Masters in Management Studies from NMIS, Mumbai. He is also Director of Xlrite Consulting Private Ltd and having his office at Bhagatsing Road, Mumbai. He owns Tata Indigo Car. Just before the proceeding in the Family C... | 0[ds]13. This is a peculiar case in which both the husband and wife are highly qualified, well off and having their own independent sources of income. Respondent has done his Bachelor in Engineering from V.J.T.I, Matunga, Mumbai and Masters in Management Studies from NMIS, Mumbai. He is also Director of Xlrite Consulti... | 0 | 2,309 | 1,116 | ### 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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sources of income. Respondent has done his Bachelor in Engineering from V.J.T.I, Matunga, Mumbai and Masters... |
Babulal Khandelwal Vs. Balkishan D. Singhvi | acts as an order in rem. Ms. Arora submitted that even on such score, the appellants were not necessary parties to the administration suit and their impleadment in the suit by the High Court was wholly erroneous. In support of her said argument, Ms. Arora referred to and relied upon the judgment of this Court in the ca... | 0[ds]The circumstances in an administration suit where a person dies intestate are, however, different. The learned Single Judge of the High Court has correctly indicated that in an administration suit, the dispute between the parties relating to the title of the deceased in respect of his properties, can be gone into ... | 0 | 1,679 | 413 | ### 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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acts as an order in rem. Ms. Arora submitted that even on such score, the appellants were not necessary part... |
Makers Devt.Services P.Ltd Vs. M. Visvesvaraya Indusl.Res.& Dev.Cen | Suit, the Defendant by itself, its servants and agents or any person or persons claiming by, from, through or under them be restrained by an order and injunction of this Court from, in any manner, selling transferring, dealing with, disposing of, alienating encumbering or creating any third party rights or interest in,... | 0[ds]The finding of the learned single Judge about the construction of the building to the height of 80 ft. on the suit land by the appellant cannot be ignored. However, whether the defendant permitted the appellant to enter on the suit land and to carry on construction are all matters to be decided in the main suit. T... | 0 | 2,913 | 741 | ### 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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Suit, the Defendant by itself, its servants and agents or any person or persons claiming by, from, through or under them be... |
Navalkha & Sons Vs. Sri Ramanya Das & Ors | , it was pointed out that the condition of confirmation by the Court being a safeguard against the property being sold at an inadequate price, it will be not only proper but necessary that the Court in exercising the discretion which it undoubtedly has of accepting or refusing the highest bid at the auction held in pur... | 1[ds]6. The principles which should govern confirmation of sales are well established.Where the acceptance of the offer by the Commissioners is subject to confirmation of the Court the offeror does not by mere acceptance get any vested right in the property so that he may demand automatic confirmation of his offer. The... | 1 | 2,860 | 983 | ### 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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, it was pointed out that the condition of confirmation by the Court being a safeguard against the property ... |
Commissioner Of Income-Tax, Madras Vs. Ajax Products Ltd. Through Its Liquidator | him under S. 46 (1) of the Act. Under S. 24-B, the Income-tax Officer may proceed to assess the total income of the deceased person as if such legal representative was the assessee. It was argued that after the assessment was made on the legal representative, the fiction came to an end and thereafter, he remained a mer... | 1[ds]23. If the argument advanced on behalf of the Revenue were accepted it would lead to some anomalies. By the fiction, if the business must be deemed to be in existence during the previous year and that the buildings sold must be deemed to have been used for the business during that year the amendment was not necess... | 1 | 4,989 | 1,406 | ### Instruction:
Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding.
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him under S. 46 (1) of the Act. Under S. 24-B, the Income-tax Officer may proceed to assess the total income of th... |
Jagdish Prasad Saxena Vs. State Of Madhya Bharat | enquiry against him after the charge-sheet was supplied to him. In this connection it is necessary to remember that the previous enquiry was not directed against the appellant as such, and he was certainly not in the position of an accused in the said enquiry. In fact, as we have already indicated, the result of the sa... | 1[ds]13. The order passed by the Minister shows that he took into account the alleged interpolations in the books kept by the appellant as well as the fact that Kethulekar and the contractor saw the appellant the next morning. Now it is clear that so far as these two facts are concerned the appellant was given no oppor... | 1 | 3,141 | 1,143 | ### 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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enquiry against him after the charge-sheet was supplied to him. In this connection it is necessary to rememb... |
SHRIKANT Vs. NARAYAN SINGH (DEAD) THR. LRS. & ORS | BANUMATHI, J.:1. This appeal arises out of judgment and order of the Madhya Pradesh High Court, Indore Bench, in Second Appeal NO.303 of 1998 dated 29th September, 2005 and also review petition, M.C.C. NO.1258 of 2005 dated 27th January, 2006, in and by which the High Court has held that the quit notice issued by the a... | 1[ds]6. While deciding the second appeal, it appears that the High Court has not answered the substantial questions of law framed by the High Court; but the High Court has examined the question as to the validity or otherwise of the quit notice (Exhibit P- 2) dated 5th August, 1976 sent by the appellant to the responde... | 1 | 546 | 165 | ### 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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BANUMATHI, J.:1. This appeal arises out of judgment and order of the Madhya Pradesh High Court, Indore Bench, in Second Ap... |
Gopal Singh And Others Vs. Ujagar Singh And Others | have concluded the matter. But as the point was conceded in all three Courts it was not necessary for the defendants to fall back on the previous decisions. It must therefore be accepted here that the whole of the land in dispute was non-ancestral.That brings us to the question of heirship. Paragraph 23(2) of Rattigans... | 0[ds]We were not shown how the facts admitted could be disentangled from the law so that we could determine whether the conclusion of law drawn from the admitted facts wasfindings are obviously res judicata and if the plaintiffs learned counsel had not conceded the point the question would at once have been raised and ... | 0 | 1,977 | 346 | ### 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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have concluded the matter. But as the point was conceded in all three Courts it was not necessary... |
Commissioner Of Wealth Tax Vs. Hindustan Motors Limited | the true value. If, therefore, the assessee merely claims that the written down value of the assets should be adopted but fails to produce any materials to show that the written down value is the true value, the Wealth-tax officer is justified in rejecting the claim and adopting the values shown by the assessee himself... | 1[ds]It is true, as described in the Statement of the case, that it was not disputed that adequate depreciation could not be provided for in the balance sheet on account of paucity of profits. But we are unable to hold that merely a statement to that effect is sufficient to discharge the onus which rests upon the asses... | 1 | 2,431 | 877 | ### Instruction:
Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding.
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the true value. If, therefore, the assessee merely claims that the written down value of the assets s... |
G. Ramachandra Reddy & Co Vs. Union of India & Another | case where it is found that the arbitrator has acted without jurisdiction and has put an interpretation on the clause of the agreement which is wholly contrary to law then in that case there is no prohibition for the courts to set things right." 21. A contract would warrant construction if the terms thereof are vague a... | 0[ds]21. A contract would warrant construction if the terms thereof are vague and ambiguous. The letter exhibiting the offer of the appellant refers to four different documents including the letter dated 9/17.07.1988 which was marked as ExhibitWhether in the said letter, the appellant had asked for increase of 2.5% ove... | 0 | 5,534 | 1,078 | ### Instruction:
Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction.
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case where it is found that the arbitrator has acted without jurisdiction and has put an interpretation... |
M/S. Maharana Mills (Private) Ltd Vs. The Income-Tax Officer, Porbandar | of AIR) Lord Romer observed:"In the present case it is a debatable question whether the circumstances were such as to bring it within the provisions of S. 34. It is not necessary to determine that question inasmuch, as, in their Lordships opinion, the case clearly would have fallen within the provisions of section 35 h... | 0[ds]7. The power under S. 35 is no doubt limited to rectification of mistakes which are apparent from the record. A mistake contemplated by this section is not one which is to be discovered as a result of an argument but it is open to the Income-tax Officer to examine the record including the evidence and if he discov... | 0 | 5,070 | 781 | ### Instruction:
Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction.
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of AIR) Lord Romer observed:"In the present case it is a debatable question whether the circumstances were such as to bring ... |
F.C.I. Represented By Managing Director & Another Vs. A.M. Ahmed & Company Through Md & Another | Leave granted. The arbitration award, in the present case, pertaining to the disputes between the appellants and the respondents, was published on 10-4-1992 and was filed in the Court of Subordinate Judge at Tuticorin on 30-6-1992. The notice of filing of this award was served on the appellants on 18-7-1992. The appell... | 1[ds]If the notice of filing of the award is taken as the notice served by the Subordinate Court at Tuticorin, obviously, the objections have been filed more than 30 days after the notice. However, in the present case, the Division Bench in its judgment ofhas clearly held that the Subordinate Court at Tuticorin had no ... | 1 | 634 | 298 | ### 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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Leave granted. The arbitration award, in the present case, pertaining to the disputes between the appellant... |
M/S. Indian Drugs & Pharmaceuticals Ltd Vs. Devki Devi | posts irrespective of the nature of service rendered by the deceased-employee. In Rani Devis case (supra) it was held that scheme regarding appointment on compassionate ground if extended to all types of casual or ad hoc employees including those who worked as apprentices cannot be justified on constitutional grounds. ... | 1[ds]As was observed in State of Haryana and Ors. v. Rani Devi & Anr. (AIR 1996 SC 2445 ), it need not be pointed out that the claim of person concerned for appointment on compassionate ground is based on the premise that he was dependant on the. Strictly this claim cannot be upheld on the touchstone of Article 14 or 1... | 1 | 2,462 | 832 | ### 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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posts irrespective of the nature of service rendered by the deceased-employee. In Rani Devis case (supra) it ... |
Hmt Ltd. & Anr.Etc. Etc Vs. P. Subbarayudu & Ors.Etc.Etc | any of the matters or raise any fresh demands which would involve additional financial burden on the company, other than those mentioned in Clause 13.1 above, during the currency of this settlement." 10. The employees who were no longer in service as on the date of signing/implementation of the settlement demanded that... | 1[ds]15. On the basis of these figures it was submitted that the time was not yet ripe to meet the liability towards disbursement of arrears under the settlement. In our view, the contention is unsound. Clause 13 does not say that the disbursement of arrears would be made only after all accumulated losses are completel... | 1 | 1,931 | 243 | ### 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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any of the matters or raise any fresh demands which would involve additional financial burden on the company, other than ... |
M/S. Om Oil & Oilseeds Exchange Ltd., Delhi Vs. Their Workmen | v. Its Workmen, 1960-2 Lab LJ 64: (AIR 1960 SC 1288 ), this Court has held that in the matter of retrenchment of clerical staff departure from the rule "first come, last go may not be recognised when it is sought to be justified on the ground that the workman retained has experience of a particular branch of the cleric... | 1[ds]5. The management of the appellant has recorded a resolution which sets out the reasons for retention of the employees Ram Lal Sethi, Jagdish Pershad, Kidar Nath Thukral, Om Prakash Juneja, Jai Narain, Budhpal Singh and Laljimal. About Ram Lal Sethi the Company has stated that he was looking "after the accounts an... | 1 | 2,918 | 1,703 | ### Instruction:
Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences.
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v. Its Workmen, 1960-2 Lab LJ 64: (AIR 1960 SC 1288 ), this Court has held that in the matter of retrenchment of clerical ... |
Kuppala Obul Reddy Vs. Bonala Venpata Narayana Reddy (Dead) Through Lrs | of gift by Thimma Reddy in favour of his wife Naramma to be a conveyance of half share of Thimma Reddy in favour of his son Yella Reddy. The conduct of Yella Reddy in entering into the deed of exchange with his wife Venkata Lakshamamma furnishes clear proof that the properties were not joint family properties and that ... | 1[ds]15. We find considerable force in the submissions made by the learned counsel for the appellant. No case is made out in the pleadings with regard to the properties gifted by Thimma Reddy to his wife Naramma being joint family properties. No issue with regard to the properties being joint family properties was rais... | 1 | 4,500 | 1,297 | ### 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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of gift by Thimma Reddy in favour of his wife Naramma to be a conveyance of half share of Thimma Reddy in fa... |
State of W.B Vs. Mohammed Khalid | in Supdt. &Remembrancer of Legal Affairs, W.B. v. Anil Kumar Bhunja38, this Court observed in paragraph 18 of the judgment as under:The standard of test, proof and judgment which is to be applied finally before finding the accused guilty or otherwise, is not exactly to be applied at the stage of Section 227 or 228 of t... | 1[ds]35. Upholding the validity of the TADA this Court in Kartar Singh v. State of Punjab9 held that the Act falls under Entry I of List I, i.e., Defence of India. That being so, the offences under Sections 3 and 4 must relate to sovereignty and integrity of India. In Hitendra Vishnu Thakur22 this Court in dealing with... | 1 | 15,927 | 2,219 | ### Instruction:
First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document.
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in Supdt. &Remembrancer of Legal Affairs, W.B. v. Anil Kumar Bhunja38, this Court observed in paragraph 18 of the judgment ... |
Shew Bux Mohata And Another Vs. Sm. Tulsimanjari Dasi And Another | R. 7 of O. 45 after its amendment in 1920 had taken away the said jurisdiction. Section 112 of the Code expressly provides that nothing contained in the Code shall be deemed, inter alia, to interfere with any rules made by the S. C., and for the time being in force, for the presentation of appeals to that Court or thei... | 1[ds]4. There can be no doubt that the object of the amendment was to expedite the final decision of the appeals which were taken before the Privy Council, and so the restrictive words have now been introduced whereby the period prescribed by the first part of the rule cannot be extended beyond 150 days;Having regard t... | 1 | 3,224 | 950 | ### 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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R. 7 of O. 45 after its amendment in 1920 had taken away the said jurisdiction. Section 112 of the Code expressly... |
A K Srivastava Vs. National Insurance Co | of that proceeding." 15. Thus, the legal position is clear and the respondent cannot now re-agitate the question regarding maintainability of the suit under Section 34 of the Act. However, learned counsel adopted an alternative contention before us that the suit is in effect one for specific enforcement of a contract a... | 0[ds]11. It is well nigh settled that a decision on an issue raised in a writ petition under Article 226 or Article 32 of the Constitution would also operate as res judicata between the same parties in subsequent judicial proceedings. The only exception is that the rule of res judicata would not operate to the detrimen... | 0 | 2,631 | 340 | ### Instruction:
Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding.
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of that proceeding." 15. Thus, the legal position is clear and the respondent cannot now re-agitate the question r... |
SANTOSH CHATURVEDI Vs. KAILASH CHANDRA | Shyam Bihari that all the averments are concocted and have been framed just to give colours to the matter, I am not satisfied with this argument. Because, the evidence has been filed on record that oral partition occurred on 15.11.1999 amongst Dwarka Prasad and his sons Vijay and Santosh Chaturvedi and his mother which... | 1[ds]. However, keeping in view the fact that the High Court in the instant case while examining the matter had two views before it, one taken by the Prescribed Authority and the other by the Appellate Authority which were divergent, one of the views was required to be accepted by examining the matter in that regard. T... | 1 | 3,889 | 1,064 | ### 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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Shyam Bihari that all the averments are concocted and have been framed just to give colours to the matter, ... |
STATE OF RAJASTHAN AND OTHERS Vs. RAJASTHAN ICE AND COLD STORAGE AND OTHERS | 1. Heard learned counsel for the parties. 2. It is stated that the respondent-firm, Rajasthan Ice and Cold Storage, Jodhpur, was, inter alia, carrying on the business of cold storage and in the writ petition filed before the High Court, it was contended that the goods storage was the process of refrigeration and, there... | 1[ds]3. The issue involved in this appeal is covered by the decision of this court rendered in Delhi Cold Storage Pvt. Ltd. Vs. Commissioner of Income Tax, New Delhi, . In that case, the court considered the question-whether the respondent-company can be held to be an industrial company for the purpose of Section 2(7)(... | 1 | 360 | 263 | ### 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. Heard learned counsel for the parties. 2. It is stated that the respondent-firm, Rajasthan Ice and Cold Storage, Jodhpur,... |
VIDHI HIMMAT KATARIYA Vs. THE STATE OF GUJARAT | Medical Appellate Board and even the Medical Board of AIIMS, New Delhi have opined that the respective petitioners are not eligible for admission in MBBS course, the respective petitioners are rightly denied admission in the MBBS course under PwD quota.5.3 Now so far as the submission on behalf of the petitioners that ... | 0[ds]7. It is mainly contended on behalf of the petitioners and it is submitted by the learned counsel appearing on behalf of the petitioners that the NEET UG 2019 brochure was released on 01.11.2018 and the notification amending Regulations, 1997 whereby Appendix ‘H? is added to the erstwhile Regulations, 2017 has bee... | 0 | 3,023 | 787 | ### 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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Medical Appellate Board and even the Medical Board of AIIMS, New Delhi have opined that the respective petitioner... |
State Of Bihar Vs. Upendra Narayan Singh | order for extending similar benefits to others. Before a claim based on equality clause is upheld, it must be established by the petitioner that his claim being just and legal, has been denied to him, while it has been extended to others and in this process there has been a discrimination." In Faridabad CT. Scan Centre... | 0[ds]31. In our opinion, there is no merit in the submission of the learned senior counsel. If the initial appointments of the respondents are found to be illegal per se, the direction given by the High Court for their reinstatement with consequential benefits cannot be approved by relying upon the so-called regulariza... | 0 | 17,451 | 4,481 | ### 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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order for extending similar benefits to others. Before a claim based on equality clause is upheld, it must ... |
Col. D.I.Mac Pherson Vs. M.N. Appanna And Another | prepared as soon as possible."6. In the meantime, defendant 1 sent a cable to White to the following effect:"Accept rupees eleven thousand Morvern Lodge occupation permitted, when full amount deposited my account Mircantile Bank Madras inform Youngman."7. Thereafter, defendant 1 paid the amount of Rs, 11,000 and occupi... | 1[ds]The conclusion at which we have arrived is strengthened by certain facts which emerge from the correspondence between the parties.The real question is whether defendant 1 had made a counter offer in his cable of 5th August or he was merely inviting offers. The plaintiff in his letter of 14th August addressed to Yo... | 1 | 2,070 | 290 | ### 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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prepared as soon as possible."6. In the meantime, defendant 1 sent a cable to White to the following effect:... |
Ramashray Singh Vs. New India Assurance Co. Ltd. | course enter into a contract by which the insurer agrees to cover additional risks. It is not the appellants case that apart from the policy of insurance there was any contract between the appellant and the insurance company. The policy has a clause which defines the limits of liability in respect of death or bodily in... | 0[ds]The appellants submission that the phrases any person and any passenger in clauses (i) and (ii) of sub section (b) to Section 147(1) are of wide amplitude, is correct.However , the proviso to the sub-section carves out an exception in respect of one class of persons and passengers, namely, employees of the insured... | 0 | 2,019 | 515 | ### 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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course enter into a contract by which the insurer agrees to cover additional risks. It is not the appel... |
Maharashtra State Electricity Board Vs. Kalyan Borough Municipality & Another | power, cannot be accepted.34. The next ground of attack against S. 49 is that it gives an unguided and arbitrary power to the Board to fix the tariff as it likes, and not maximum limit for the tariffs that may be fixed by the Board, has been stated. On first blush, it may appear that this contention has considerable fo... | 1[ds]We have already referred to the material provisions of the Act which will show the nature of the duties cast upon the Board. Section 59 lays down that the Board after taking subventions from the State Government shall not as far as practicable carry on its operations under the Act at a loss and that the Board is t... | 1 | 9,724 | 2,862 | ### 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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power, cannot be accepted.34. The next ground of attack against S. 49 is that it gives an unguided and arbitrary power to ... |
Controller of Estate Duty, Lucknow Vs. Aloke Mitra | interested."37. The cardinal distinction between a trustee known to English law and a benamidar lies in the fact that a trustee is the legal owner of the property standing in his name and cestui que trust is only a beneficial owner, whereas in the case of a benami transaction the real owner has got the legal title thou... | 1[ds]No clear exposition was given or required to be given on the facts of the case of what was the precise effect of the two section s or their relationship to one another. There followed a period of uncertainty as to the precise relationship between the two sections, although subsequent to Arnholzs case section 1 alo... | 1 | 7,404 | 1,057 | ### 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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interested."37. The cardinal distinction between a trustee known to English law and a benamidar lies in the fact that a tr... |
Municipal Corpn. Of Delhi Vs. Kamla Devi | It is also brought to our notice that the appeal filed by Kamla Devi against the assessment order dated January 28, 1991, was dismissed for default on September 12, 1994. 7. The first question is whether the filing of this suit by Kamla Devi in Ghaziabad Court was a proceeding taken bona fide by her or whether it was o... | 1[ds]On a consideration of the facts and circumstances of the case, we are satisfied that it was a clear case of abuse of process of Court and of law. We are also satisfied that the averment made in para 2 of the plaint to the effect that the officers of the appellant-Corporation went to Ghaziabad to attach the movable... | 1 | 2,679 | 428 | ### 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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It is also brought to our notice that the appeal filed by Kamla Devi against the assessment order dat... |
Shakuntala Vs. Balkrishna | K.G. Balakrishnan, J. 1. Leave granted. 2. The claimants in a motor accident claim are appellants before us. They are the legal heirs of one Rajashekhar Kasture who died in a motor accident. The deceased Rajashekhar Kasture was aged about 24 years at the time of his death. He was employed as Munium in Avinash and Co. O... | 1[ds]The Tribunal had considered the evidence in detail and came to a rational conclusion regarding the income of the deceased. The learned Single Judge without considering the evidence of RW1 simply brushed aside the whole evidence and accepted the statement of RW1 solely on the ground that the employer himself had sp... | 1 | 601 | 120 | ### 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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K.G. Balakrishnan, J. 1. Leave granted. 2. The claimants in a motor accident claim are appellants before us. ... |
Vijay Kumar Ahluwalia Vs. Bishan Chand Maheshwari | No.1 over the suit shop, on the strength of adoption deed surfaced for the first time in these proceedings, the appellants in his leave to contest the application denied the ownership of respondent No.1 over the suit shop so also the relationship of landlord and tenant between them. The appellants also denied the bona ... | 1[ds]In our considered opinion, the application filed by the appellants under Section 25B(4) of the Act seeking leave to contest the eviction application of respondent No.1 should have been allowed to enable the appellants (tenant) to contest the eviction application on its merits. In other words, keeping in view the g... | 1 | 1,586 | 491 | ### 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:
No.1 over the suit shop, on the strength of adoption deed surfaced for the first time in these proceedings, the appellant... |
Inder Lal Vs. Lal Singh | character and it may also be suggested that it nevertheless affects his private character. Therefore, it is clear that in dealing with corrupt practices alleged under S. 123 (4) where we are concerned with border-line cases, we will have to draw a working line to distinguish private character from public character and ... | 1[ds]It would thus be seen that the publication in question must be by a candidate or his agent or by any other person; the said publication should be in regard to a statement of fact which is false and which he either believes to be false or does not believe to be true; that it must have relation to the personal chara... | 1 | 4,026 | 1,900 | ### 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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character and it may also be suggested that it nevertheless affects his private character. Therefore, it i... |
Shantha Sinha & Another Vs. Union of India & Another | 1. We have heard Mr. Shyam Divan, learned senior counsel for the petitioner assisted by Mr. Vipin Nair, Mr. P.B. Suresh, Mr. Udayaditya Banerjee and Mr. Mukul Rohatgi, and learned Attorney General assisted by Mr. Zoheb Hossain, Mr. Arghya Sengupta, Ritesh Kumar and Ms. Ranjeeta Rohatgi, learned counsel for the responde... | 1[ds]3. During the course of hearing our attention was invited to the fact that the application filed in other pending Writ Petition (C) No.797/2016, involve similar issues as will be considered in the present application for interim relief. If that is so, in our considered opinion it is appropriate that all the applic... | 1 | 294 | 81 | ### Instruction:
Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case.
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1. We have heard Mr. Shyam Divan, learned senior counsel for the petitioner assisted by Mr. Vipin Nair, Mr. ... |
Ramesh B. Desai Vs. Bipin Vadilal Mehta | or mistake. (1) Where, in the case of any suit or application for which a period of limitation is prescribed by this Act, (a) the suit or application is based upon the fraud of the defendant or respondent or his agent; or (b) the knowledge of the right or title on which a suit or application is founded is concealed by ... | 1[ds]19. Undoubtedly, Order VI Rule 4 CPC requires that complete particulars of fraud shall be stated in the pleadings. The particulars of alleged fraud, which are required to be stated in the plaint, will depend upon the facts of each particular case and no abstract principle can be laid down in this regard. Where som... | 1 | 9,783 | 1,324 | ### 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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or mistake. (1) Where, in the case of any suit or application for which a period of limitation is pre... |
Moon Mills Ltd Vs. Industrial Court Bombay (M.R. Meher) & Ors | an adjudicator under the Act, such an agreement cannot therefore, be directed to be enforced against the will of the appellant even under S. 114(2) inasmuch as by doing so the State Government would be going beyond the powers conferred on it by that section. The impugned notification, therefore, must be held to be bad ... | 1[ds]We are unable to accept the argument of the respondents as correct. It was held by the majority judgment of this Court- in Prakash Cotton Mills case, (1962) 1 SCR 105 : (AIR 1961 SC 977 ), that the notification, dated July 31, 1956 was beyond the powers of the State Government under S. 114(2) of the Act, because... | 1 | 3,161 | 1,366 | ### 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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an adjudicator under the Act, such an agreement cannot therefore, be directed to be enforced against the w... |
Jivabhai Purshottam Vs. Chhagan Karson And Others | force. The appellant further contends that the right to terminate a tenancy having arisen when the notice was given, the law to be applied, in case of notices given before the Amending Act came into force, would be the law existing on the date of notice.4. We are of opinion that there is no force in this contention. If... | 0[ds]4. We are of opinion that there is no force in this contention. If we look at the words of sub-s. (2-A), it provides certain conditions subject to which the right to terminate the tenancy shall be exercised. It may be that S. 34(1) requires one years notice in order to exercise this right to terminate, but sub-s. ... | 0 | 2,245 | 861 | ### 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:
force. The appellant further contends that the right to terminate a tenancy having arisen when the noti... |
The Principal Commissioner of Customs Pune Commissionerate Vs. JSW Steel Ltd | 1962 which is quoted as under: 46. Entry of goods on importation (1) The importer of any goods, other than goods intended for transit or transhipment, shall make entry thereof by presenting electronically on the customs automated system to the proper officer a bill of entry for home consumption or warehousing in such f... | 0[ds]11. The facts are undisputed. The vessel MV CAPE IOANNA arrived at Marmagao Port and Bill of Entry No.9375854 dated 20th April, 2017 for 98,450 metric tons in respect of Goonyella Coking Coal was filed at Marmagao Port by the Respondent-Company and the same was also assessed provisionally for the entire quantity a... | 0 | 4,567 | 653 | ### 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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1962 which is quoted as under: 46. Entry of goods on importation (1) The importer of any goods, other... |
V.S.S.V. Meenakshi Achi and Ors Vs. Commissioner of Income Tax, Madras | distributed in terms of the Second Schedule. Both the funds were divided again into Fund A and Fund B. Fund A was established on behalf of owners of property of which an area of not less than Ac. 100 - 00 was planted and Fund B on behalf of owners who owned an area of less than Ac. 100 - 00."9. In this case, though Mr.... | 0[ds]At the outset, it would be convenient to clear the ground. Throughout the proceedings, it was assumed that a scheme was framed embodying the principles laid down in the first Schedule to the Ordinance and that the payments were made in terms of the scheme. We cannot, therefore, permit the learned counsel for the r... | 0 | 2,665 | 445 | ### 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:
distributed in terms of the Second Schedule. Both the funds were divided again into Fund A and Fund B. Fund ... |
THE STATE OF GUJARAT Vs. PWD AND FOREST EMPLOYEES UNION | department of Government will have great difficulty in adhering to it. The pay scale mentioned in Serial Nos. 3, 4, 5 and 6 cannot be applied across the board. (ii) The old Pension Scheme has been scrapped by the Government and Contributory Pension Fund (CPF) Scheme/New Pension Scheme (NPS) has been introduced with eff... | 1[ds]13. Having regard to the above, we are confining our discussion to the aforesaid exceptions taken by the appellantThis appears to be a very sound argument. The only plea was that whatever is given to such employees in other departments, same benefit be extended to the respondents as well. It is difficult to counte... | 1 | 3,548 | 787 | ### 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:
department of Government will have great difficulty in adhering to it. The pay scale mentioned in Serial Nos. 3, 4, 5 and 6... |
Humanity Vs. State Of West Bengal | below:- "...Every action/decision of the State and/or its agencies/instrumentalities to give largesse or confer benefit must be founded on a sound, transparent, discernible and well defined policy, which shall be made known to the public by publication in the Official Gazette and other recognized modes of publicity and... | 1[ds]When the Government decided to allot a substantial plot for setting up of a school by private organizations and when on the basis of an advertisement to that effect various organizations responded, the action of the Government was one of granting largesse in as much as land of which the Government is owner and whi... | 1 | 5,444 | 634 | ### 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:
below:- "...Every action/decision of the State and/or its agencies/instrumentalities to give larg... |
Jaysing S/O Bhimrao Ghuge & Others Vs. Motiram Ukanda Khillare & Others | ORAL JUDGMENT A.P. Shah, J.The point which arises for consideration in this petition is whether the resolution of no confidence passed against the respondent No.1 in the meeting dated 19.01.2000 is legal and valid.2.Few facts relevant for the decision are that the petitioners and respondent Nos.1 to 3 are elected membe... | 1[ds]n is when can the period of 7 days from the date of receipt of the notice be said to have commenced.There is a volume of authorities in England showing that where a particular time is given from a certain date within which an act is to be done, the day on that date is to be excluded. (See Goldsmiths Company .v. We... | 1 | 1,085 | 551 | ### 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:
ORAL JUDGMENT A.P. Shah, J.The point which arises for consideration in this petition is whether the resolution of no confide... |
Jagan Nath Sathu Vs. The Union Of India | in relation to that State. The extracts of the despatches, sent by the petitioner to the foreign newspaper, annexed to the grounds of detention show that they are not only prejudicial to the Government of India vis-_is Pakistan but they are prejudicial to the relations of India with foreign powers in general, the subje... | 0[ds]There is, however, a distinction between a country not being regarded as a Foreign State for the purposes of the Constitution and that country being a foreign power for other purposes. The Common-wealth is an Association of Nations each of which has a sovereign status independent of each other in its internal and ... | 0 | 3,294 | 1,175 | ### 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:
in relation to that State. The extracts of the despatches, sent by the petitioner to the foreign newspaper, annexed to the g... |
Moreshwar & Another Vs. The State of Maharashtra | that if conviction could safely be based on it, if it is capable of belief independently of the confession, then it is not necessary to call the confession in aid. However, the Apex Court has further held that but cases may arise where the Judge is not prepared to act on the other evidence as it stands even though, if ... | 1[ds]27. It could thus be seen that Their Lordships of the Apex Court have observed that if the confession made by a person is found to be voluntary and true insofar as the part played by the person making confession is concerned, it was not unlikely that the confessional statement in regard to the part played by the a... | 1 | 6,793 | 449 | ### 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:
that if conviction could safely be based on it, if it is capable of belief independently of the c... |
M/S.Saci Allied Products Ltd., U.P Vs. Commnr.Of Cent.Excise,Meerut | of India vs. Kanti Lal Chunni Lal & Ors. (supra) which has been followed by the Bombay High Court in the case of Cosmos (India) Rubber Works Pvt. Ltd. & Ors. vs. Union of India, 1988(36) E.L.T. 102 (Bom). The Tribunal has also passed the judgment to the similar effect in the case of Racold Appliances vs. CCE, 1994(69)E... | 1[ds]Thus according to the appellate Tribunal, since the dealers in Uttar Pradesh who purchased the goods from Syndet, and independent dealers in other parts of the country to whom the appellants directly sold the goods are different class of buyers, appellants price to the independent dealers cannot be taken as the ba... | 1 | 8,203 | 2,561 | ### 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:
of India vs. Kanti Lal Chunni Lal & Ors. (supra) which has been followed by the Bombay High Court in the case of Cosmos (I... |
HARISH KUMAR (Since deceased) Through: Lrs Vs. PANKAJ KUMAR GARG | plaintiff does not have any property apart from the property in question in which he could settle him by getting his business started. The defendant does not have any requirement of the said shop. The shop is often closed and defendant mostly does the business of property dealing and he has occupied the property merely... | 1[ds]11. It is quite clear that aforestated provision seeking release of the premises on the ground of bona fide requirement does not strictly require the landlord to be unemployed to maintain an action. All that the provision contemplates is that the requirement so pleaded by the landlord must be bona fide.12. It is t... | 1 | 1,409 | 221 | ### 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:
plaintiff does not have any property apart from the property in question in which he could settle him by g... |
Gujarat Agro Industries Corpn. Ltd Vs. Muniicipal Corpn. Of Ahmedabad | case of an appeal made against a ratable value the amount of the disputed tax claimed from the appellant, or the amount of the tax chargeable on the basis of the disputed ratable value, up to the date of filing of the appeal, has been deposited by the appellant with the Commissioner." 10. It will be seen that clause (d... | 0[ds]It is not necessary for us to refer to other decisions asserting the same principle time and again. When the statement of law is so clear, we find no difficulty in upholding the vires of clause (e) of sub-section (2) of Section 406 read with proviso thereto. Any challenge to its constitutional validity on the grou... | 0 | 3,708 | 412 | ### 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 of an appeal made against a ratable value the amount of the disputed tax claimed from the appellant, or the amount o... |
Thakur Prasad Sao Etc Vs. Member, Board of Revenue and Others | relating to excisable articles other than opium." It has been stated in t he preface to Volume III that it consists of the Boards "instructions with regard to excisable articles other than opium" and that references have been made to the Government Rules and the Boards Rules having the force of law. There is however no... | 0[ds]7. We have described the essential features of the out still system, and there can be no doubt that the holder of a licence under the system acquires the right to manufacture country spirit in his outstill and sell it by retail "in his premises" without any restriction on the strength or pr ice at which the spirit... | 0 | 4,743 | 1,787 | ### 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:
relating to excisable articles other than opium." It has been stated in t he preface to Volume III that it consist... |
Trustees Of Port Of Madras Vs. Nagavedu Lungi And Company And Ors | 1. The appellant was the plaintiff in suit - OS No. 3980 of 1969 in City Civil Court at Madras, while Respondents 1 to 5 were Defendants 1 to 5 therein. That suit had been instituted by the plaintiff - the trustees of Port of Madras against the defendants for recovery of demurrage charges and other incidental charges i... | 1[ds]4. We have heard learned counsel for the parities in the appeal. A three Judge Bench of this Court in International Airports Authority of India v. Grand Slam International has rule that the importer consignee of goods cannot avoid his liability to pay demurrage charges and other incidental charges in respect of it... | 1 | 504 | 165 | ### Instruction:
Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages.
### Input:
1. The appellant was the plaintiff in suit - OS No. 3980 of 1969 in City Civil Court at Madras, while Resp... |
Rananjaya Singh Vs. Baijnath Singh And Others | electors and 1 Polling Agent and 2 relief agents for each polling booth and 1 messenger at each polling booth. The contravention of the provisions of Sections 77 read with Rr. 117 and 118 and Schedules V and VI is made a corrupt practice by Section 123(7). Section 123(7) clearly shows that in order to amount to a corru... | 1[ds]The tribunal took the view - we think quite erroneously - that although the estate belonged to the father of the appellant, nevertheless, as the appellant was the heir apparent and actually looked after the estate on behalf of the old and infirm proprietor, these servants of the estate were "virtually" his "own" s... | 1 | 2,155 | 431 | ### 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:
electors and 1 Polling Agent and 2 relief agents for each polling booth and 1 messenger at each polling... |
Rangnath Vs. Daulatrao And Ors | Tenancy Act was not applicable to the land. The appellant than tried to urge that respondent no. 1 could not be and was not a tenant of the land. But this contention is also not open to the appellant. No where it has been asserted by the appellant not even in the statement of the case and the additional grounds filed i... | 0[ds]It was not necessary for the State Government to give a personal hearing to the appellant or his authorised representative before disposal of his appeal. As has been repeatedly pointed out by this Court the State Government ought to have disposed of the statutory appeal of the appellant filed under section 2A(2) o... | 0 | 3,095 | 1,342 | ### 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:
Tenancy Act was not applicable to the land. The appellant than tried to urge that respondent no. 1 could n... |
Pupinder Pal Singh Vs. State of Punjab | the father of the deceased. In such circumstances, it was quite unlikely that the Appellant a young boy of 17 years, would unnecessarily kill the deceased by firing at him from a very close range particularly when he had no occasion to be inimical to the deceased. Mr. Lalit has also contended that depositions of relati... | 0[ds]10. After considering the facts and circumstances of the case and the contentions made by the Learned Counsel for the parties, it appears to us that the case of accidental firing as sought to be contended cannot be accepted. It has been rightly held by the courts below that the presence of the eye-witnesses at the... | 0 | 5,256 | 226 | ### Instruction:
Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction.
### Input:
the father of the deceased. In such circumstances, it was quite unlikely that the Appellant a young boy... |
Gunamma (D) By L.R Vs. Shevantibai (D) By L.R. & Others | issues were decided in favour of the plaintiff but as the original plaintiff had died in the year 1983 the first appellate Court held that the substituted plaintiff, as the adopted son, would have no right to the properties as the said adoption was not valid on the ground that the original plaintiffs power to adopt a s... | 1[ds]9. A consideration of the provisions of the Sangli Act would go to show that upon the death of a husband of a Hindu woman, not only she continues to remain a member in the joint family but also becomes a Sahabhagidar in place of her husband and is entitled to claim partition. The aforesaid right, therefore, accrue... | 1 | 2,157 | 681 | ### 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:
issues were decided in favour of the plaintiff but as the original plaintiff had died in the year... |
MAHADEV P KAMBEKAR(D) TR.LRS Vs. SHREE KRISHNA WOOLEN MILLS PVT. LTD | true that Section 41 of the Small Cause Courts Act deals with such suits between the licensee and licensor while Section 28 of the Bombay Rent Act deals with suits between landlord and tenant. But the nature of such suits as contemplated by both these sections is the same, namely, it should be the suit relating to the ... | 0[ds]25) In the light of the law laid down by this Court in Mansukhlals case (supra) which was later relied on in Prabhudas Damodar Kotecha & Ors. vs. Manhabala Jeram Damodar & Anr. [(2013) 15 SCC 358] , we have no hesitation in affirming the view taken by the High Court in the impugned judgment which rightly held that... | 0 | 3,322 | 704 | ### 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:
true that Section 41 of the Small Cause Courts Act deals with such suits between the licensee and licensor while Section 2... |
Swami Parmatmanand Saraswati & Anr, Vs. Ramji Tripathi & Anr | reason why the same principle should not apply, if what the plaintiffs seek to vindicate here is the individual or personal right of Kirshnabodhashram to be installed as Shankaracharay of the Math. Where two or more persons interested in a trust a suit purporting to be under Section 92, the question whether the suit is... | 0[ds]9. It is clear from the allegations in the plaint that the plaintiffs primarily wanted a declaration from Court that Krishnabodhashram was duly installed as the Shankaracharya of the Math on June 25, 1953, that he came into possession of the properties of the Math and, therefore, the Court should appoint him as th... | 0 | 2,894 | 1,047 | ### 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:
reason why the same principle should not apply, if what the plaintiffs seek to vindicate here is the individ... |
Venkatesan Vs. State Of Tamil Nadu | State of Maharashtra, (AIR 1984 SC 1622 ). Therein, while dealing with circumstantial evidence, it has been held that onus was on the prosecution to prove that the chain is complete and the infirmity of lacuna in prosecution cannot be cured by false defence or plea. The conditions precedent in the words of the this Cou... | 1[ds]2. Before analyzing factual aspects it may be stated that for a crime to be proved it is not necessary that the crime must be seen to have been committed and must, in all circumstances be proved by direct ocular evidence by examining before the Court those persons who had seen its commission. The offence can be pr... | 1 | 3,214 | 987 | ### Instruction:
Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding.
### Input:
State of Maharashtra, (AIR 1984 SC 1622 ). Therein, while dealing with circumstantial evidence, it ha... |
Oriental Insurance Company Ltd Vs. Jashuben | imponderables e.g. the life expectancy of the deceased and the dependants, the amount that the deceased would have earned during the remainder of his life, the amount that he would have contributed to the dependants during that period, the chances that the deceased may not have lived or the dependants may not live up t... | 1[ds]We, therefore, are of the opinion that what would have been the income of the deceased on the date of retirement was not a relevant factor in the light of peculiar facts of this case and, thus, the approach of the Tribunal and the High Court must be held to be incorrect. It is impermissible in law to take into con... | 1 | 3,402 | 265 | ### 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:
imponderables e.g. the life expectancy of the deceased and the dependants, the amount that the deceased... |
ARJUN S/O. RAMANNA @ RAMU Vs. IFFCO TOKIO GENERAL INSURANCE CO. LTD. & ANR | driver. Therefore, it is a case of total disablement. He relied upon decisions of this Court in the cases of Pratap Narain Singh Deo v. Srinivas Sabata & Anr (1976) 1 SCC 289 . and K. Janardhan v. United India Insurance Co. Ltd (2008) 8 SCC 518 . 5. The learned counsel appearing for the first respondent invited our att... | 1[ds]6. The impugned judgment of the High Court proceeds on the accepted position that the appellant was employed as a driver to drive an auto-rickshaw used for carrying goods. The only ground on which the High Court reduced the compensation was that the appellant did not suffer from total disablement. Therefore, the C... | 1 | 1,416 | 669 | ### 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:
driver. Therefore, it is a case of total disablement. He relied upon decisions of this Court in the cas... |
Government Of Maharashtra Vs. M/S. Deokar'S Distillery | Act while obtaining the licence, they cannot wriggle out of the contractual liability voluntarily incurred by them.33. The order of the High Court is bad in law. The High Court, in our view, has erred in not appreciating the impugned demand notice was also in the nature of demanding balance of the price of the exclusiv... | 1[ds]30. In the case on hand, the licensees gave an undertaking at the time of obtaining grant or renewal of the license in the application form itself, both under the Rules of 1966 and the Rules of 1973, that they would abide by all orders made under the Prohibition Act and the Rules. Under Rule 17(43) of the Rules of... | 1 | 11,978 | 1,619 | ### 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:
Act while obtaining the licence, they cannot wriggle out of the contractual liability voluntarily incurred by the... |
G. Murugesan and Brothers Vs. Commissioner of Income Tax, Madras | Beaumont, C. J., in Commr. of Income-tax v. Lakshmidas Devidas, at page 589 (1937) 5 ITR 584 (Bom.) and also in In re: Dwarkanath Harishchandra Pitale, 5 ITR 716 = (AIR 1938 Bom. 353 ) In re B. N. Elias, (1935) 3 ITR 408 (Cal.) Costello, J., put the test in more forceful language. He said: "It may well be that the inte... | 0[ds]For forming an Association of Persons, the members of the association must join together for the purpose of producing an income. An Association of Persons can be formed only when two or more individuals voluntarily combine together for a certain purpose. Hence volition on the part of the member of the association ... | 0 | 2,484 | 498 | ### 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:
Beaumont, C. J., in Commr. of Income-tax v. Lakshmidas Devidas, at page 589 (1937) 5 ITR 584 (Bom... |
Vishwanath Shankar Beldar Vs. State of Maharashtra | K.S. Hegde, J.1.This appeal was brought on the basis of the special leave granted by this Court on April 30, 1969; but the leave was limited to the question as to whether the High Court was justified in dismissing the appeal summarily.2. The appellant and three others were tried for various offences including an offenc... | 0[ds]5. It is seen from the judgment of the Trial Court that Ramchandra Punjabis name did not find a place in the two reports sent by the police officers. According to the prosecution, Ramchandra Punjabi was present when the appellant was caught and produced before the police Patel, but the police Patel in his report, ... | 0 | 621 | 370 | ### 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:
K.S. Hegde, J.1.This appeal was brought on the basis of the special leave granted by this Court on April 30, 1969; but the... |
Gold Quest International Pvt. Ltd Vs. The State Of Tamilnadu | Singh (supra) read as follows: ? 57. Quashing of offence or criminal proceedings on the ground of settlement between an offender and victim is not the same thing as compounding of offence. They are different and not interchangeable. Strictly speaking, the power of compounding of offences given to a court under Section ... | 1[ds]8. In view of the principle laid down by this Court in the aforesaid cases, we are of the view in the disputes which are substantially matrimonial in nature, or the civil property disputes with criminal facets, if the parties have entered into settlement, and it has become clear that there are no chances of convic... | 1 | 2,612 | 210 | ### Instruction:
Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages.
### Input:
Singh (supra) read as follows: ? 57. Quashing of offence or criminal proceedings on the ground of settleme... |
The Commercial Taxes Officer, D Circle, Vs. Gordhandas Giddomal and Co | Hegde, J. 1. After getting an adverse order from the Board of Revenue and after the Board of Revenue rejected his application for a reference of a question of law to the High Court, the Commercial Taxes Officer, D Circle, Jaipur, moved the High Court of Rajasthan under S. 15 of the Rajasthan Sales Tax Act requesting th... | 1[ds]2. From the order of the High Court it is clear that the High Court was not, satisfied about the interpretation of section 3(b) of the Central Sales Tax Act by the Board of Revenue but yet, surprisingly the High Court has summarily rejected the application of the Commercial Taxes Officer4. In our opinion the quest... | 1 | 646 | 130 | ### 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:
Hegde, J. 1. After getting an adverse order from the Board of Revenue and after the Board of Revenue rejected his applica... |
THE BRANCH MANAGER INDIGO AIRLINES KOLKATA Vs. KALPANA RANI DEBBARMA | The question of due care by the ground-staff of the appellant-Airlines would arise when the passengers are physically under their complete control as it had happened in the case of N. Satchidanand (supra). That is possible after the passengers have boarded the aircraft or may be in a given case at the operational stage... | 0[ds]11. The present appeals emanate from the complaint filed before the consumer fora. While dealing with such a complaint, the jurisdiction or the nature of enquiry to be undertaken by the consumer fora is limited to the factum of deficiency in service and to award compensation only if that fact is substantiated by t... | 0 | 9,257 | 3,393 | ### Instruction:
Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction.
### Input:
The question of due care by the ground-staff of the appellant-Airlines would arise when the passengers ... |
O.N.G.C. Ltd Vs. Official Liquidator | of which a debt is to be paid and an intention to subject it to a charge in praesenti, the court must find the charge. Certain other decisions were also brought to our notice but it is not necessary to burden this judgment with them because in each case the question which the court would have to decide would be whether... | 0[ds]In our opinion, the appellant cannot claim that the order dated 15th April, 1987 created an enforceable charge on the assets of the company in liquidation. We are of the opinion that the learned counsel for the respondents are quite right in their submissions that an injunction was issued only to ensure that the c... | 0 | 5,742 | 810 | ### Instruction:
Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction.
### Input:
of which a debt is to be paid and an intention to subject it to a charge in praesenti, the court must find the charge. Certa... |
Commissioner of Income Tax, Chennai Vs. M/s. Bilahari Investment (P) Ltd | a benefit over a number of years. There is a continuing benefit to the business of the company over the entire period. The liability should, therefore, be spread over the period of the debentures."Therefore, the matching concept, which we have referred to is well recognised by various judgments of the Supreme Court. In... | 0[ds]19. In the judgment of the Bombay High Court in Taparia Tools Ltd. (supra) it has been held that in every case of substitution of one method by another method, the burden is on the Department to prove that the method in vogue is not correct and it distorts the profits of a particular year. Under the mercantile sys... | 0 | 2,927 | 534 | ### 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:
a benefit over a number of years. There is a continuing benefit to the business of the company over the entire period. The... |
Commissioner of Service Tax, Ahmedabad Vs. M/s Adani Gas Ltd | not covered in existing meter connection. Further, few of the customers have also requested for termination of the GSAs due to various issues. In such cases, following amount shall be deducted from the Gas Connection Charges and balance shall be refundable. (1) Upgradation of Load: In this case the percentage of amount... | 1[ds]15. The applicability of Article 366(29-A)(d) was discussed in a decision of this Court in Bharat Sanchar Nigam Limited and another v. Union of India and others 2006 (3) SCC (1 ). ( BSNL). In BSNL, the Court held that the purpose of Article 366(29- A)(d) was to levy tax on those transactions where there was a tra... | 1 | 11,392 | 3,925 | ### 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:
not covered in existing meter connection. Further, few of the customers have also requested for termination of the GSAs due... |
Kamlesh Kohli Vs. Escortrac Finance & Invest.Ltd.&Ors | of Agreement was signed by Rajiv Kohli as constituted attorney of defendant Nos. 1 and 2. It was also not disputed that mother and son were living together. It was also admitted that in pursuance of the Memorandum of Agreement Smt. Kamlesh Kohli had signed the cheque in the sum of Rs. 65 lakhs which was given to the pl... | 0[ds]7. There is no substance in the contentions raised by the learned Counsel for the appellant. Civil Procedure Code nowhere prescribes that decree against some of the defendants to a suit cannot be passed or that if the suit is dismissed qua one defendant it is required to be dismissed against other defendants too. ... | 0 | 1,667 | 390 | ### 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:
of Agreement was signed by Rajiv Kohli as constituted attorney of defendant Nos. 1 and 2. It was also not disputed that mo... |
Dr. Michelle N. Pinto Souza (Deceased) Through Her Legal Heir & Another Vs. Marieta Teresa Petronila De Fatima Mascarenhas E. Pinto & Others | 1. Issue notice to the respondents. Learned counsel for the respondents has entered appearance and accepted the notice.2. Leave granted.3. With the consent of the parties, we have heard the appeal finally.4. This appeal is filed by the plaintiffs against the interim order dated 07.06.2017 passed by the High Court of Bo... | 1[ds]11. In our view, since we have dismissed the SLP filed by the plaintiffs today arising out of injunction matter which has resulted in dismissal of injunction application of the plaintiffs, the order dated 17.09.2016 which was essentially passed by the Trial Court against the plaintiffs due to grant of injunction b... | 1 | 636 | 153 | ### 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:
1. Issue notice to the respondents. Learned counsel for the respondents has entered appearance and acce... |
State Of Haryana Etc Vs. Sampuran Singh Etc | that if, after the commencement of the Act, April 15, 1953, any person acquires any land by inheritance or bequest or gift which, with the lands already held by him exceed in the in the permissible area, than he shall furnish to the Collector a return indicating the permissible area he desire s to retain. This he shall... | 0[ds]The thrust of s. 1 9-B is that even if the source of the excess area is inheritance, bequest of gift, the capacity to own is conditioned by the permissible limit. Section 10-A does not militate against this mandate of s. 19-B. Indeed, s. 19-B had to be enacted because the High Court took the view that area which b... | 0 | 4,333 | 751 | ### 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:
that if, after the commencement of the Act, April 15, 1953, any person acquires any land by inheritance or b... |
Sudhakar Baburao Nangnure Vs. Noreshwar Raghunathrao Shende | Kurian Joseph, J. Civil Appeal Nos. 16122-16130 of 2017 [@ SLP (C) Nos. 21046-21054 OF 2017] 1. Leave granted. 2. The appellants approached this Court, aggrieved by a common interim order in three writ petitions, viz., Writ Petition Nos. 8859 of 2016, 8860 of 2016 and 9291 of 2016. The interim order dated 02.09.2016 re... | 0[ds]5. Even thereafter, according to the learned senior counsel appearing for the appellants, for one reason or the other, the matters were not being finally heard. We do not propose to express any opinion as to why the matters were not finally heard, except taking note of the fact, at the risk of redundancy, that the... | 0 | 1,122 | 189 | ### 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:
Kurian Joseph, J. Civil Appeal Nos. 16122-16130 of 2017 [@ SLP (C) Nos. 21046-21054 OF 2017] 1. Leave... |
COMMISSIONER OF CENTRAL EXCISE BELGAUM Vs. M/S. VASAVADATTA CEMENTS LTD | of removal? Obviously, any input service given for clearance of the final product ?from the place of removal? and tax paid thereon the CENVAT credit has to be given. The question is from the place of removal up to what place. The assessees had claimed the tax paid on the transportation of final products from the place ... | 1[ds]The aforesaid approach of the Full Bench of the CESTAT, as affirmed by the High Court, appears to be perfectly correct and we do not find any errormentioned above, the expression used in the aforesaid Rule is?from the place of removal?.It has to be from the place of removal upto a certain point. Therefore, tax pai... | 1 | 2,043 | 340 | ### 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:
of removal? Obviously, any input service given for clearance of the final product ?from the place of remova... |
Pashupati Nath Singh Vs. Harihar Prasad Singh | chosen to fill a seat in the Legislature of a State unless he-(a) is a citizen of India, and makes and subscribes before some person authorized in that behalf by the Election Commission an oath or affirmation according to the form set out for the purpose in the Third Schedule."10. The form referred to reads as under :-... | 0[ds]17. Reference was also made to Form 2-B in the Conduct of Election Rules, 1961. It was pointed out that in this form there is no place where it can be stated by the candidate that he had taken the requisite oath or affirmation. But, this in our view does not mean that the oath or affirmation can be taken and subsc... | 0 | 2,511 | 234 | ### 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:
chosen to fill a seat in the Legislature of a State unless he-(a) is a citizen of India, and makes and subscribes before s... |
Union of India & Another Vs. Association of Unified Telecom Service Providers of India & Others | 07.07.2006 has been passed and against whom no appeal was filed by the Union of India challenging the order dated 07.07.2006, the order dated 07.07.2006 of the Tribunal could not be re-opened because of the principle of res judicata. In the opening paragraph of the order dated 07.07.2006, the Tribunal has stated: “By t... | 1[ds]35. Regarding the recommendations of the TRAI under Section 11(1)(a)(i) of the TRAI Act, we find that the Tribunal in its order dated 07.07.2006 has held that the opinion of the renowned expert in the accountancy that any other definition of Adjusted Gross Revenue would lead to reduction of license fee liability b... | 1 | 13,161 | 2,589 | ### 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:
07.07.2006 has been passed and against whom no appeal was filed by the Union of India challenging the order dated 07.07.20... |
united india insurance co. ltd., Vs. abdul rashid mattoo and others | 1. The respondents preferred a complaint before the J&K State Consumer Protection Commission complaining of deficiency in services by the appellant-Insurance Co. The case of the respondents was that their house which was insured with the appellant-Insurance Co. suffered damage on account of earthquake and inspite of th... | 1[ds]Having heard the learned counsel for the parties, we are satisfied that the findings that there was an earthquake and that the house of the respondents suffered damage to the tune of Rs.2,03,605/are purely of fact based on evidence and no fault can be found therewith. However, the Commission has awarded a further ... | 1 | 352 | 188 | ### 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:
1. The respondents preferred a complaint before the J&K State Consumer Protection Commission complainin... |
Associated Stone Industries (Kotah) Limited Vs. Union of India and Another | 226 of the Constitution and obtained an ad interim injunction from the High Court. The appellant alleged that thereafter it was advised to withdraw the writ petition in the High court and to file a suit in a competent civil court. On December 15, 1953, the appellant instituted a suit in the court of the District Judge ... | 0[ds]Both these points we have dealt with in great detail in Maharaja Shree Umaid Mills Ltd. v. Union of India, in which we have delivered judgment today. For the reasons given therein we must hold that the grant dated May 2, 1945, was not law and did not continue as such in Kotah and, secondly, article 295(1) (b) did ... | 0 | 1,774 | 105 | ### 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:
226 of the Constitution and obtained an ad interim injunction from the High Court. The appellant alleged th... |
Godavari Sugar Mills Limited Vs. S. Ramamurthy | . . . . . . Apparently the Act was not intended to deprive the persons in actual possession of the land and cultivating the same as tenants thereof except in cases where such tenants were found to be in possession of lands in excess of the ceiling fixed by the Act. The above can be ascertained by reading diverse provis... | 0[ds](8) IN connection with the above submission made by Mr. Nariman and the true effect of the phrase to hold land contained in Section 2 (14) of the Ceiling Act it is necessary to remember the intent and the purpose of the Ceiling Act as clarified in the preamble which runs as follows. . . . . . . . . . . . . . . . .... | 0 | 4,218 | 1,207 | ### 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:
. . . . . . Apparently the Act was not intended to deprive the persons in actual possession of th... |
Fatta and Others Vs. State of Uttar Pradesh | FAZAL ALI, J. 1. In this appeal by special leave, the learned counsel for the appellants has pressed the appeal only on the question of the applicability of Section 302 read with Section 149 IPC to the appellants other than Ramakant Rai. It was urged that according to the findings of the Court below, the occurrence too... | 0[ds]In the circumstances of the present case, there can be no doubt that the appellants had gone armed in order to dispossess the prosecution party and cause such injury as may be necessary for achieving that object. But the evidence does not show that all the appellants shared the common object of committing the murd... | 0 | 697 | 392 | ### 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:
FAZAL ALI, J. 1. In this appeal by special leave, the learned counsel for the appellants has pressed the appeal only on th... |
L.G. Chaudhari Vs. Secretary, L. S. G. Department, Government of Bihar and Others | and that he was to be treated as a permanent Government servant. The Government wanted to know why the Accountant General was withholding the appellants increment. In the face of these two letters it appears to us be futile for the Government to contended that the appellant had not been confirmed and that he continued ... | 1[ds]We agree with him. The letter dated August 29, 1956 from the Government to the Accountant General contains a clear recital that the post of Town planner had been made permanent and pensionable with effect from August 5, 1955, the date on which Shri Chaudhari had joined the post and that Shri Chaudhari was therefor... | 1 | 3,030 | 675 | ### Instruction:
Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages.
### Input:
and that he was to be treated as a permanent Government servant. The Government wanted to know why the Acc... |
Kulkarni Patterns Pvt. Ltd Vs. Shri Vasant Raburao Ashtekar | a letter sent by registered post can be rebutted by the addressee by appearing as witness and stating that he never received such letter. If the acknowledgment due receipt contains the signatures of the addressee himself and the addressee as a witness states that he never received such letter and the acknowledgment due... | 0[ds]In Green View Radio Service (supra) it was held that the acknowledgment due receipt contained the signature of the addressee himself and the addressee as a witness stated that he never received such letter and the acknowledgment due did not bear his signature and such statement of the addressee if believed then it... | 0 | 2,189 | 451 | ### Instruction:
Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case.
### Input:
a letter sent by registered post can be rebutted by the addressee by appearing as witness and stating that h... |
P.SUBRAMANIYAM Vs. UNION OF INDIA | per the rule position in that year, the direct recruitee was to be placed below the LDCE, as the LDCE selection process is stated as Fasttrack promotion. Respondent No. 4 was placed in the seniority list below the appellant, as respondent No. 4 was appointed in the 25% Direct Recruitment quota. Therefore, respondent No... | 1[ds]3. Having heard the learned counsel appearing on behalf of the respective parties and considering the reasons given by the learned Tribunal and confirmed by the High Court, we are of the opinion that both, the High Court as well as the learned Tribunal, have committed a grave error in directing to place the origin... | 1 | 1,503 | 486 | ### 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:
per the rule position in that year, the direct recruitee was to be placed below the LDCE, as the LDCE selecti... |
Singer India Ltd Vs. Chander Mohan Chadha | shedding its corporate shell, but for all practical purposes remained alive and thriving as part of the larger whole. He has submitted that this Court should lift the corporate veil and see who are the directors and shareholders of the Transferee Company and who are in real control of the affairs of the said company an... | 0[ds]11. These cases clearly hold that even if there is an order of a Court sanctioning the scheme of amalgamation under Sections 391 and 394 of the Companies Act whereunder the leases, rights of tenancy or occupancy of the Transferor Company get vested in and become the property of the Transferee Company, it would mak... | 0 | 5,904 | 303 | ### 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:
shedding its corporate shell, but for all practical purposes remained alive and thriving as part of the larger whole. He h... |
Extrusion Processes Private Limited Vs. Jivabhai Marghabhai Patel | the matter came on board, affidavits were filed on behalf of the company to show cause. Affidavits in rejoinder were filed by the petitioning shareholder and also the other shareholders including a director who was according to his allegation excluded from management. Mr. Justice Kantawala felt that we had heard the co... | 1[ds]( 10 ) THE subsequent observations of the court have to be read in the light of this principle. It is possible, therefore, that in response to such a notice the company may be able to show that the application does not lie or that without going into the merits the application ought to be dismissed and this is what... | 1 | 1,318 | 167 | ### 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 matter came on board, affidavits were filed on behalf of the company to show cause. Affidavits in rejoinder were filed ... |
Hitech Eletrothermics and Hydropower Limited Vs. State of Kerala & Others | same, the Board having not taken any steps to see that the power supply is given to the appellants premises and it is for such non supply of power, the commercial production being delayed, it will be un-equitable to deny the concessional tariff flowing from the policy resolution of the government. Mr. Salve contended t... | 1[ds]5. On perusal of the industrial policy of the government, unequivocally indicting that concessional tariff rate would be given as well as the order of the Electricity Board adopting the same, it can be safely held that such concession could be availed of by the industrial units for a period of five years from the ... | 1 | 2,316 | 479 | ### 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:
same, the Board having not taken any steps to see that the power supply is given to the appellants premises ... |
Union Of India Vs. Karam Ch.Thapar&Brs.(Coal Sales)Ltd&Ors | a suit for the recovery of money the defendant claims to set-off against the plaintiffs demand any ascertained sum of money legally recoverable by him from the plaintiff, not exceeding the pecuniary limits of the jurisdiction of the Court, and both parties fill the same character as they fill in the plaintiffs suit, th... | 0[ds]n our opinion, in the facts and circumstances of the present case it would not make any difference whether the amount withheld by the Central Government is on account of assistance or reimbursement; in either case the Could would not hold in favour of adjustment being made by the Central Government by setting off ... | 0 | 4,052 | 255 | ### Instruction:
Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document.
### Input:
a suit for the recovery of money the defendant claims to set-off against the plaintiffs demand any asce... |
National Insurance Co. Ltd Vs. Nipha Exports Pvt. Ltd | the loss or damage suffered by the goods to the extent of actual cost of repairs, replacement and conditions effected and incurred. The complainant was also claiming that they had incurred out of pocket expenses and, therefore, the appellant was asking them to provide and furnish the necessary bills in support of total... | 1[ds]12. In the letter, thus read there is no complaint that the discharge voucher or receipt had been obtained from the complainant respondent herein fraudulently or by exercise of undue influence or by misrepresentation or the like or coercive bargaining. In the case of United India Insurance Vs. Ajmer Singh Cotton &... | 1 | 1,525 | 348 | ### 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 loss or damage suffered by the goods to the extent of actual cost of repairs, replacement and con... |
Maharashtra Chess Association Vs. Union of India & Ors | superior court will decline to interfere until the aggrieved party has exhausted his other statutory remedies, if any. But this rule requiring the exhaustion of statutory remedies before the writ will be granted is a rule of policy, convenience and discretion rather than a rule of law and instances are numerous where a... | 1[ds]8. The Constitution and Bye Laws of the second Respondent are a private agreement between the Appellant and the second Respondent. The decision of the Bombay High Court relied solely on Clause 21 to hold that its own writ jurisdiction, and the jurisdiction of all other courts, is ousted.9. It is a well settled pri... | 1 | 4,613 | 1,628 | ### 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:
superior court will decline to interfere until the aggrieved party has exhausted his other statut... |
M/S. Voltas Ltd. Verses J.M. Demello & Another Vs. | demand No. 9 and the Reference to the Meher Tribunal based on that demand contained anything which required its deletion, or the demand was for a new scheme of dearness allowance altogether and not merely for a revision of the existing scheme. It is true that neither demand No. 9 nor the Reference, nor the companys wri... | 1[ds]15. There can, therefore, be no doubt whatsoever that there was an existing scheme of dearness allowance, that workmen felt that it was not satisfactory and wanted its revision in certain particulars viz., in the percentages of variation, the basic bracket and the amount of the minimum. In paras 145 to 147 of its ... | 1 | 5,596 | 1,641 | ### 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:
demand No. 9 and the Reference to the Meher Tribunal based on that demand contained anything which required its de... |
Braithwaite &. (India) Ltd Vs. The Employees' State Insurance Corporation | of any period of authorised leave, lock-out or legal strike. It did not lay down that other payments made to an employee under other circumstances were also to be deemed to be wages. A legal fiction is adopted in law for a limited and definite purpose only and there is no justification for extending it beyond the purpo... | 1[ds]In this case, therefore, we have to confine our decision to the interpretation of the first part of the definition ofappears to us that, on a correct interpretation of the terms of the Scheme, the High Court committed an error in holding that the payment of this Inam had become a term of the contract of employment... | 1 | 3,008 | 1,731 | ### 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:
of any period of authorised leave, lock-out or legal strike. It did not lay down that other payments made t... |
A. Rangaswamy Iyengar Vs. Pattammal (Alias) Rajalakshmi Ammal & Another | Shelat, J.1. The 1st respondent is the wife of the appellant and the mother of the 2nd respondent.2. The two respondents obtained a decree for maintenance against the appellant. On the appellants failure to pay the maintenance provided under the decree, the respondents took out execution proceedings which ended in an o... | 1[ds]7. Accordingly, the High Court was not right in refusing the certificate if other conditions of Article 133(1)(a) or (b) were satisfied, on the ground that the judgment of the Division Bench was not one of reversal as the learned Single Judge of the High Court was not a court immediately below the Division Bench o... | 1 | 895 | 167 | ### 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:
Shelat, J.1. The 1st respondent is the wife of the appellant and the mother of the 2nd respondent.2. The tw... |
Kashi Nath Vs. Kudsia Begum & Others | consent of respondent No. 1 her election agent by interfering with the free exercise of electoral rights of electors taking advantage of his official position and telling them that they will have to suffer from his hands in case they will not support the candidature of respondent No. 1 and vote for her. The name, date ... | 0[ds]4. An attempt was made long after the period of limitation for riling the election petition had expired to amend column I of the heading of Schedule VIII by the insertion of words "in whose company Madan Gopal Misra" between the words persons and committed in column I of that Schedule.That was rightly disallowed b... | 0 | 1,741 | 438 | ### 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:
consent of respondent No. 1 her election agent by interfering with the free exercise of electoral rights of ... |
State of Gujarat Vs. Patel Bava Karsan and Others | FAZAL ALI, J. 1. This appeal by certificate is directed against a judgment of the Gujarat High Court dated 31-1-1970 issuing a writ of mandamus to the Rajkot Municipality directing it to desist from enforcing a notice dated 9-3-1966 served on respondent No. 1 and requiring him in pursuance of the provisions of s. 233(1... | 1[ds]This contention does not appear to be well-founded because once property belonging to the Government or semi-Government bodies is held to fall within a particular class and therefore a reasonable classification, whether a civil remedy is given or not would not be violative of Art. 14 of the Constitution on the bro... | 1 | 987 | 161 | ### 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:
FAZAL ALI, J. 1. This appeal by certificate is directed against a judgment of the Gujarat High Court dated 31-1-1970 issui... |
Varghese K. Joseph Vs. The Custodian & Others | date might have been reasonable in the given situation where large number of investors were filing applications for certification of the tainted shares time and again and hence cut off date might have been justified, it was also expected to take care and guard the interest of the investors who are based and live not me... | 1[ds], the appellant under the facts and existing circumstances of the case where he ended up buying tainted shares for no fault on his part but had to seek its certification from the Custodian under compelling circumstance which was not his creation and also had no control, could not have been denied his due on the gr... | 1 | 5,158 | 201 | ### 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:
date might have been reasonable in the given situation where large number of investors were filing applications fo... |
Sitaram Vs. State Of Madhya Pradesh | Kapur, J. 1. There are two appeals directed against the order of the High Court of Madhya Pradesh reiecting a Reference made by the Sessions Judge against the prosecution of. the appellant for contravening the provisions of the C. P. and Berar Sales Tax Act (C. P. XXI of 1947), hereinafter called the Act. 2. A firm of ... | 1[ds]That, in our opinion, is not *hat the words used in sub-s. (2) mean., They are words of wider import and would cover cases of all persons including persons other than Government servants. There are no words restricting the meaning of "any person" and no reason has been shown why those words should not include the ... | 1 | 942 | 264 | ### 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:
Kapur, J. 1. There are two appeals directed against the order of the High Court of Madhya Pradesh reiecting... |
Kaprecon Sleeper Works Private Limited & Others Vs. Union of India, Through The Chairman Railway Board, Ex.Officio Principal Secretary, Ministry of Railway & Others | in open tenders. On 2/7/1998, this court granted ad-interim ex parte stay to the effect and operation of impugned communications dated 18/10/1997 and 18/11/1997 in both the writ petitions. Interim orders were continued while admitting writ petitions on 11/11/1998 for final hearing. Petitioner in WP 1907/1998 claims tha... | 0[ds]26. Power to vary requirement of sleepers is reserved by Board and they have brought down the order quantity by 30%. This reduction obviously relates to total contractual number of unitsnot having any bearing on quantity still to be manufactured or supplied. Such reduction is in sole discretion of the purchaser, e... | 0 | 5,097 | 1,063 | ### 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:
in open tenders. On 2/7/1998, this court granted ad-interim ex parte stay to the effect and operation... |
State of Kerala Vs. General Manager, Southern Railway, Madras | to a railway, the General Manager of that railway. The above provision clearly contemplates institution of a suit against the Central Government even though it relates to a rail way. A suit against the Central Government in terms of section 79 of the Code would necessarily have to be brought against the Union of India.... | 0[ds]The above argument has the quality of being ingenious, attractive and not lacking in apparent plausibility. A closer examination, however, reveals its infirmity and after giving the matter our earnest consideration, we find it difficult to accept it. The Act deals with and specifies, inter alia, the rights and lia... | 0 | 2,689 | 800 | ### 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:
to a railway, the General Manager of that railway. The above provision clearly contemplates institution of a... |
Bachan Singh Vs. Dhian Dass & Others | His son Krishna Singh sued for a declaration that the said alienation being an alienation of ancestral properties was inoperative against his reversionary interest as it had been effected without consideration and without legal necessity. This suit was filed on October 11, 1895. The suit was decreed in part. The decree... | 0[ds]6. The first contention taken on behalf of the appellant is that the provisions of the Punjab Limitation (Custom) Act, 1920 do not apply to the facts of the present case as the suit properties were not the family properties of TehalSingh. Thiscontention does not appear to have been taken either before the trial co... | 0 | 1,200 | 379 | ### Instruction:
Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document.
### Input:
His son Krishna Singh sued for a declaration that the said alienation being an alienation of ancestral prop... |
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