Case Name stringlengths 11 235 | Input stringlengths 944 6.86k | Output stringlengths 11 196k | Label int64 0 1 | Count int64 176 118k | Decision_Count int64 7 37.8k | text stringlengths 1.43k 13.9k |
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DR. BENOY IDICULA BABU Vs. DR. NISHA SAIRA BENOY | Kurian Joseph, J. - Leave granted. 2. This is a case where this court successfully experimented a new method of settlement, namely, court assisted mediation and conciliation. 3. The appellant(s) approached this Court aggrieved by the order dated 29.3.2017 of the High Court of Kerala at Ernakulam in Matrimonial Appeal N... | 1[ds]5. We sought the assistance of Mr. V. Shekhar, learned senior counsel and we are happy to note that the learned senior counsel was able to successfully mediate on the remaining disputes and the parties have reached a settlement.6. The deed of settlement has been produced along with the I.A. The same is taken on re... | 1 | 239 | 98 | ### 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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Kurian Joseph, J. - Leave granted. 2. This is a case where this court successfully experimented a new method of s... |
Bhaskar Lal Sharma & Another Vs. Monica | marriage, wedding gifts, gifts subsequent to marriage etc. Para 470 deals with "Gifts to a maiden". Para 471 deals with "Wedding gifts" and it is stated therein that properties gifted at the time of marriage to the bride, whether by relations or strangers, either Adhiyagni or Adhyavahanika, are the brides stridhana. In... | 1[ds]We may place on record that at the instance of Monica several attempts have been made for reconciliation of matrimonial dispute between her and Vikas.We may also place on record that applications dated 9.5.2008 and 31.5.2008 respectively were also filed before this Court by the respondent for mediation Chandan Sha... | 1 | 9,866 | 954 | ### 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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marriage, wedding gifts, gifts subsequent to marriage etc. Para 470 deals with "Gifts to a maiden". Para 4... |
E.Bapanaiah Vs. K.S.Raju Etc | order, the company to make repayment of such deposit or part thereof forthwith or within such time and subject to such conditions as may be specified in the order: Provided that the Tribunal may before making any order under this sub-section give a reasonable opportunity of being heard to the company and the other pers... | 1[ds]5. Brief facts of the case are that the present appellant, E. Bapanaiah, (one of the depositors who made deposits with NFL) filed the contempt petition under Section 12 read with Section 10 of the Contempt of Courts Act, 1971 for the alleged wilful disobedience of order dated 29.2.2000 and one dated 21.8.2001 pass... | 1 | 5,941 | 2,065 | ### 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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order, the company to make repayment of such deposit or part thereof forthwith or within such time and subje... |
THE STATE OF RAJASTHAN Vs. TRILOK RAM | its replacement by the new provision. As regards repeal of a statute the law is thus stated in Sutherland on Statutory Construction:?The effect of the repeal of a statute where neither a saving clause nor a general saving statute exists to prescribe the governing rule for the effect of the repeal, is to destroy the eff... | 1[ds]4. In short, if the proviso held the field, the respondent would become eligible and qualified for selection and appointment based on merit. If the proviso on the other hand was not available, the respondent would not be eligible for the reason that as contended by the appellants, as on the last date for filing ap... | 1 | 5,034 | 1,513 | ### 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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its replacement by the new provision. As regards repeal of a statute the law is thus stated in Sutherland on Stat... |
M/S. Vedanta Limited (Formerly Known As Sesa Sterlite Limited And Successor In Interest Of Erstwhile Vs. M/S Emirates Trading Agency Llc | The Respondent submitted its bid and was awarded an order for supply of 30,000 MT. The Appellant had signed a backup support agreement with the Respondent for supplies in case the tender was awarded to the latter, and which was furnished by the Respondent to the BCIC in support of its capacity to deliver supplies. The ... | 1[ds]15. The fulcrum of the entire controversy is the draft agreement dated 26.10.2007 marked Exhibit, for supply of phosphoric acid by the Appellant to the Respondent. The proposal of the Respondent, led to a counter proposal by the appellant. There was no acceptance of the proposal by the Appellant giving rise to a c... | 1 | 1,887 | 95 | ### Instruction:
Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding.
### Input:
The Respondent submitted its bid and was awarded an order for supply of 30,000 MT. The Appellant had signed a... |
Smt. N. Nirmala Vs. Nelson Jeyakumar | 1. Leave granted. 2. We have heard the appeal finally by consent of learned counsel for the parties. 3. The question involved in this appeal is about the custody of a minor daughter. The respondent-father was permitted to continue the custody as legal guardian. Learned Single Judge of the High Court confirmed the custo... | 1[ds]In our opinion, such a further adverse order against the appellant was not justified. The interest of justice will be served if the order of the learned Single Judge continuing the custody of the minor child with the respondent and as confirmed by the Division Bench is maintained subject to the modification that v... | 1 | 206 | 74 | ### 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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1. Leave granted. 2. We have heard the appeal finally by consent of learned counsel for the parties. 3.... |
General Government Servants Co-Operative Housing Society Limited Vs. Wahab Uddin and Others Etc | for the purpose; (iv) that the area of land proposed to be acquired is not excessive; (v) that the Company is in a position to utilize land expeditiously; and (vi) where the land proposed to be acquired is good agricultural land, that no alternative suitable site can be found so as to avoid acquisition of that land. (2... | 0[ds]This point which has been urged for the first time before us is a mixed question of fact and law. It does not appear to have been taken before the High Court. A mixed question of law and fact needing investigation into facts cannot be allowed to be urged for the first time in an appeal by special leave under Art. ... | 0 | 3,243 | 641 | ### 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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for the purpose; (iv) that the area of land proposed to be acquired is not excessive; (v) that the Company is in a positi... |
Tanviben Pankajkumar Divetia Vs. State Of Gujarat | being hurt by intruders. The accused had also witnessed a very brutal assault made on her mother-in-law who being critically injured was lying in a pool of blood. If under these circumstances, the doctor in the hospital was of the view that the accused should not be interrogated by the police immediately after her admi... | 1[ds]34. In our considered view, the expert opinion of Dr. Shariff that the injuries of the accused were self-inflicted or caused by a friendly hand should not be accepted. It is quite evident that the accused had sustained multiple injuries on her head and one of such injuries was bone deep and if a little more force ... | 1 | 15,869 | 1,541 | ### 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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being hurt by intruders. The accused had also witnessed a very brutal assault made on her mother-in-law who being critica... |
Ganapathy and Company Vs. The Commissioner, Income Tax Bangalore | allowing the deduction appears to have taken into account the view recorded in another proceeding by the ITAT itself in the case of a sister concern [ITA No.3717/Mds/1987]. The relief granted in the case of the sister concern in ITA No.3717/Mds/1987 was on identical facts and, therefore, perhaps, ITAT did not think it ... | 0[ds]A reading of the order of the ITAT in favour of the assessee which has been reversed by the High Court would indicate that the learned ITAT did not address itself to a very fundamental issue that had arisen before it, namely, effect of the failure of the assessee to produce evidence in support of the services clai... | 0 | 2,036 | 686 | ### 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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allowing the deduction appears to have taken into account the view recorded in another proceeding by ... |
M/S. Hindustan Zinc Ltd Vs. Comnr. Of Central Excise, Jaipur | stage, it, therefore, becomes necessary to see what is the product of the assessee and what is the product in the market. At the outset, it may be pointed out that both the products are silver chloride. Both exist in the form of white pasty mass. However, the question which arises for determination is on marketability.... | 1[ds]7. At this stage, it, therefore, becomes necessary to see what is the product of the assessee and what is the product in the market. At the outset, it may be pointed out that both the products are silver chloride. Both exist in the form of white pasty mass. However, the question which arises for determination is o... | 1 | 1,981 | 961 | ### 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:
stage, it, therefore, becomes necessary to see what is the product of the assessee and what is the product in the market. A... |
Jaipur Zila Dugdh Utpadak Sahkari Sangh Limited & Ors Vs. M/s Ajay Sales & Suppliers & Ors | In paragraphs 15 & 20 it is observed and held as under: 15. Section 12(5), on the other hand, is a new provision which relates to the de jure inability of an arbitrator to act as such. Under this provision, any prior agreement to the contrary is wiped out by the non- obstante clause in Section 12(5) the moment any pers... | 0[ds]6. It is not in dispute that distributorship agreement between the parties was dated 31.03.2015 i.e. prior to the insertion of Sub-section (5) of Section 12 and Seventh Schedule to the Act w.e.f. 23.10.2015. It also cannot be disputed that Clause 13 of the Agreement dated 31.03.2015 contained the arbitration claus... | 0 | 6,315 | 2,790 | ### 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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In paragraphs 15 & 20 it is observed and held as under: 15. Section 12(5), on the other hand, is a new provision which relat... |
Dehra Dun Tea Company Limited and Another Vs. Commissioner of Income Tax, U.P., Lucknow | Hegde, J. 1. These are appeals by special leave. They are directed against the decision of the High Court of Allahabad in a reference under Section 66 (1) of the Indian Income Tax Act 1922 (to be hereinafter referred to as the Act). The common question of law referred in these appeals was:"Whether the tax paid by the a... | 1[ds]5. We are unable to accept the contention of Mr. Karkhanis that this Section has any bearing on the point arising for decision in this case. Herein we are not dealing with Wealthtax, i.e. a tax on net assets nor with any of the taxes referred in the explanation. | 1 | 1,071 | 58 | ### 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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Hegde, J. 1. These are appeals by special leave. They are directed against the decision of the High C... |
Keshavlal Khemchand & Sons Pvt. Ltd. & Others Vs. Union of India & Others | turn regulated by the National Housing Bank are loans which are term loans for relatively longer periods than other loans. There is nothing uniform about these CREDITORS or their activities. 69. It is submitted by learned counsel for the RBI – "Prior to the amendment in 2004, NPA was defined as sub-standard, doubtful o... | 0[ds]We have already noticed that under the said guidelines FINANCIAL ASSETS areinto 4 categories i.e. (i) standard, (ii)(iii) doubtful, and (iv) loss. Depending upon the length of the period for which the installment of money is over due, such assets are classified as NPA. As the length of the period of over due incre... | 0 | 13,387 | 2,121 | ### 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:
turn regulated by the National Housing Bank are loans which are term loans for relatively longer periods than other loans.... |
High Court of Kerala Vs. Reshma A. & Others Etc | vacancies in the service is contrary to law. In the event that some of the candidates who are sent on training cannot be absorbed at a future date for want of vacancies, it would lead to a serious dissatisfaction and be unfair to the candidates who were sent for training. This would also cause a burden on the exchequer... | 1[ds]17. As we have seen above, under the unamended Rule 7(2), there was a stipulation that a list approved by the Governor will remain in force for a period of three years or until a fresh list is prepared (the three years stipulation had earlier been substituted by SRO 660/2006). As a result of the amendment which ca... | 1 | 18,807 | 10,374 | ### 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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vacancies in the service is contrary to law. In the event that some of the candidates who are sent on training cannot be a... |
Hindustan Lever Ltd Vs. State Of Karnataka | the context of exemption notifications under the Sales Tax Act. As can be seen from paragraph 26 of the aforesaid judgment, the questions involved in that case were entirely different. Also, the test of what is “manufacture” was borrowed from the Central Excise Act as can be seen from paragraph 48 of the judgment. The ... | 0[ds]there is no such Explanation II contained in the exemption notification dated 31.3.1993. This being the case, if we were to accept the case of the appellants, they would be liable to tax at the rate of 1% under the 1998 notification but would not be exempt under the 1993 notification, thus rendering the same packi... | 0 | 6,040 | 357 | ### 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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the context of exemption notifications under the Sales Tax Act. As can be seen from paragraph 26 of the aforesaid judgmen... |
Arati Ray Choudhury Vs. Union Of India & Ors | unreserved".The words "on a particular occasion" were substituted on September 2, 1964 by the words "year of recruitment". Thus, in the first place each year of recruitment is directed to be considered separately and by itself as laid down in Devadasans case, (1964) 4 SCR 680 , 694-695 = (AIR 1964 SC 1790) so that if t... | 0[ds]We have set out the rules leading to the final order in some fulness with a view to showing how, from time to time, the rules were adapted to meet the requirements of the law declared by this Court. The vice of rules impugned in Devadasans case. (1964) 4 SCR 680 : (AIR 1964 SC 179 ) was that though the unutilise... | 0 | 5,156 | 674 | ### 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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unreserved".The words "on a particular occasion" were substituted on September 2, 1964 by the words "... |
State Of Punjab Vs. Surjit Singh | the nature of the duties of either categories and it is not possible to hold that the principle of "equal pay for equal work" is an abstract one. 12. "Equal pay for equal work" is a concept which requires for its applicability complete and wholesale identity between a group of employees claiming identical pay scales an... | 0[ds]While laying down the law that regularization under the Constitutional scheme is wholly impermissible, the Court had issued certain directions relating to the employees in the services of Commercial Taxes Department as noticed hereinbefore. The employees of the Commercial Taxes Department were in service for more ... | 0 | 10,334 | 1,261 | ### 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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the nature of the duties of either categories and it is not possible to hold that the principle of "equal pay for ... |
P. Vankat Naidu Vs. Life Insurance Corporation Of India & Another | at the time of taking policy the insured had suppressed the facts relating to his illness.After considering the pleadings and evidence produced by the parties, the District Forum allowed the complaint and directed the respondents to pay Rs. 10,00,000 with 12% interest and compensation and cost of Rs. 10,000 each. While... | 1[ds]In our view, the finding recorded by the District Forum and the State Commission that the respondents had failed to prove that the deceased has suppressed information relating to his illness was based on correct appreciation of the oral and documentary evidence produced by the parties and the National Commission c... | 1 | 1,327 | 190 | ### 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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at the time of taking policy the insured had suppressed the facts relating to his illness.After considering... |
Herbertsons Limited Vs. Workmen Of Herbertsons Limited And Ors | was bound to take some time must have influenced both the par- ties to come to some settlement. The settlement has to be taken as a package deal and when labour has gained in the matter of wages and if there is some reduction in the matter of dearness allowance so far as the award is concerned, it cannot be said that t... | 0[ds]9. Before we proceed further it is necessary to appreciate the implication of the order of this Court passed on December 19, 1974, set out earlier. This order was passed after hearing the parties for some time when the appeal was first called for hearing on December 19, 1974. From the recitals in the order it is a... | 0 | 4,206 | 2,469 | ### 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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was bound to take some time must have influenced both the par- ties to come to some settlement. The s... |
Ramrao Jankiram Kadam Vs. State of Bombay & Others | Civil Court shall entertain any suit against the Government on account of any act or omission of any Revenue Officer unless the plaintiff first proves that previously to bringing his suit, he has presented all such appeals allowed by the law for the time being in force, as within the period of limitation allowed for br... | 1[ds]We do not find it easy to discover the precise legal basis upon which prior notice to the defaulter would have the effect of validating the sale. If a sale for a nominal bid of one rupee were "a sale by public auction" within S. 167 notice to the defaulter that such a procedure would be followed would be legally u... | 1 | 6,834 | 905 | ### 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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Civil Court shall entertain any suit against the Government on account of any act or omission of any Reven... |
Chaturi Yadav and Others Vs. State of Bihar | Fazal Ali, J.This appeal by special leave is directed against the judgment of the Patna High Court confirming the conviction and the sentences passed by the trial Court against the appellants. The appellants were convicted under Sections 399 and 402 and sentenced under Section 399 to 10 years RI and under Section 402 t... | 1[ds]We are of the opinion that the contention raised by the learned for the appellants is well founded and must prevail. The evidence led by the prosecution merely shows that eight persons were found in the school premises. Some of them were armed with guns, some had cartridges and others ran away. The mere fact that ... | 1 | 531 | 265 | ### 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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Fazal Ali, J.This appeal by special leave is directed against the judgment of the Patna High Court confirming the conviction... |
SHRI RAM SAHU (DEAD) THROUGH LRS & ORS Vs. VINOD KUMAR RAWAT & ORS | the reasons given by the High Court while allowing the review application and deleting para 20 that no issue was framed by the learned Trial Court with respect to possession and/or there was no issue before the Learned Trial Court with respect to the possession and therefore the observations made in para 20 with respec... | 1[ds]5. By the impugned order the High Court in exercise of powers under Section 114 read with Order 47 Rule 1 CPC has allowed the review petition and has reviewed the judgment and order dated 10.12.2013 passed in First Appeal No.241 of 2005 insofar as deleting the observations made in Para 20 as regards the possession... | 1 | 10,851 | 3,149 | ### Instruction:
Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document.
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the reasons given by the High Court while allowing the review application and deleting para 20 that no ... |
Bhagwat Vs. The State of Maharashtra | they had seen accused at about 4.00 p.m. Considering the distance between their field and the spot of incident, it does not look probable that accused had taken 30 minutes to reach that spot. The distance between the lands of first informant and these witnesses is given as one and half k.m. and the land of father of th... | 1[ds]These circumstances create probability that incident was not disclosed by Mahadev immediately to anybody and delay was caused in giving F.I.R. The probability that Mahadev was not in the company of Bhimrao Rode for about three hours can create another probability that there was opportunity for commission of offenc... | 1 | 3,657 | 633 | ### 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:
they had seen accused at about 4.00 p.m. Considering the distance between their field and the spot of i... |
Just Society Vs. Union of India | Ranjan Gogoi, J.1. The petitioner seeks a declaration to the effect that certain provisions of the Lokpal and Lokayuktas Act, 2013 (hereinafter for short `the Act) namely, Sections 3(2)(a) and 4(1)(d), 4(1) (e), 4(2), the second proviso to Section 4(3), Section 10, the proviso to Section 14(3), Section 16, Section 37(2... | 0[ds]2. We fail to see how any of the aforesaid contentions can establish any infirmity or fragility of the provisions of the Act in the light of any of the constitutional provisions so as to render the relevant sections of the Act ultra vires.3. The fact that primacy of the opinion of the Chief Justice or his nominee ... | 0 | 753 | 439 | ### 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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Ranjan Gogoi, J.1. The petitioner seeks a declaration to the effect that certain provisions of the Lokpal and Lok... |
Homi Jehangir Gheesta Vs. The Commissioner Of Income-Tax, Bombay | The Tribunal also rightly pointed out that the fact that Bai Allo was not assessed did not make the story any more probable.9. The Tribunal stated in its order that a summons was issued to the father by the Income-tax Officer to appear before the latter on June 23, 1950. The father failed to comply with the summons. Th... | 0[ds]The argument of learned Counsel for the appellant is that it was not a relevant consideration as to why Phirozeshaw did not hand over the money to Bai Aloo in 1939 or in 1944, and if Bai Aloos statements were to be taken into consideration, they were in favour of the appellant inasmuch as no assessment was made on... | 0 | 2,914 | 560 | ### 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 Tribunal also rightly pointed out that the fact that Bai Allo was not assessed did not make the s... |
MRS. UMADEVI NAMBIAR Vs. THAMARASSERI ROMAN CATHOLIC DIOCESE REP BY ITS PROCURATOR DEVSSIA?S SON REV. FATHER JOSEPH KAPPIL | ought to have made, or gross negligence, he would have known it. Explanation I-Where any transaction relating to immoveable property is required by law to be and has been effected by a registered instrument, any person acquiring such property or any part of, or share or interest in, such property shall be deemed to hav... | 1[ds]9. But we do not agree with the above submissions of the learned counsel for the respondent. It remains a plain and simple fact that the deed of Power of Attorney executed by the appellant on 21.07.1971 in favour of her sister contained provisions empowering the agent: (i) to grant leases under Clause 15; (ii) to ... | 1 | 2,968 | 1,026 | ### 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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ought to have made, or gross negligence, he would have known it. Explanation I-Where any transaction ... |
Nishan Developers & Properties Limited Vs. Commissioner, Sanchaita Investments | 1. On August 4, 1988, this Court on the application made by Nishan Developers Properties Private Limited (hereinafter Nishan for short) and Sanchaita Commissioner and upon hearing Mr. Gobinda Mukhoty for the small depositors made the following orderHeard learned counsel for the petitioner/proposed purchaser. Mr. Gobind... | 1[ds]4. After Special Leave Petition No. 4372 of 1982 was dismissed possibly the petition for compromise could even have been moved before the nominated Bench itself. When the application registered in CMP No. 22210 of 1988 was placed before this Court, we were not aware of the fact that an offer of Rs. 20 lakhs for th... | 1 | 914 | 323 | ### 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:
1. On August 4, 1988, this Court on the application made by Nishan Developers Properties Private Limited (he... |
P. Sivanandi Vs. Rajeev Kumar | of this Court in G. Mohanasundaram v. R. Nanthagopal & Ors., 2014(3) S.C.T. 623 : (2014) 13 SCC 172. 14. In the aforesaid decision, the provisions of the Indian Administrative Service (Appointment by Promotion) Regulations, 1955 were under consideration. The relevant provisions are in pari materia with the provisions o... | 1[ds]13. It is been brought to our notice by learned counsel for Sivanandi that the issue raised in these appeals is no longer res integra in view of the decision of this Court in G. Mohanasundaram v. R. Nanthagopal & Ors., 2014(3) S.C.T. 623 : (2014) 13 SCC 172. 14. In the aforesaid decision, the provisions of the Ind... | 1 | 2,137 | 923 | ### 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:
of this Court in G. Mohanasundaram v. R. Nanthagopal & Ors., 2014(3) S.C.T. 623 : (2014) 13 SCC 172. 14. In ... |
Novartis India Ltd Vs. State Of West Bengal | company was valid. The answer to the said issue was answered in the negative. It had attained finality. We have also noticed hereinbefore that there did not exist any justifiable reason as to why such a post haste decision was taken. 36. The workmen had pleaded that they remained unemployed. They stated so in their res... | 0[ds]Back wages in a situation of this nature had to be granted to respondents by way of compensation. If the principle of grant of compensation in a case of this nature is to be applied, indisputably having regard to the fact situation obtaining herein, namely, that they were doing a specialized job and were to reach ... | 0 | 6,810 | 375 | ### 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:
company was valid. The answer to the said issue was answered in the negative. It had attained finality. We ha... |
Chackolas Spinning and Weaving Mills Ltd Vs. Commissioner of Central Excise, Cochin | 1. The only question of law involved in these appeals is as to whether the provision of Rule 6(b)(ii) of the Central Excise (Valuation) Rules, 1975 (hereinafter referred to as “the Valuation Rules”) are applicable to the case at hand or not. 2. The facts in brief are as follows: The appellant company is engaged in the ... | 0[ds]4. As pointed out above, the yarn has been captively consumed by the appellant. In the production/manufacture of unprocessed fabrics, Rule 6(b)(ii) directly applies to such cases where the excisable goods are not sold but are used or consumed captively. Under clause (i) of Rule 6(b), the value is to be based on th... | 0 | 702 | 330 | ### 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:
1. The only question of law involved in these appeals is as to whether the provision of Rule 6(b)(ii) of the Central Excise ... |
Dwarampudi Nagaratnamba Vs. Kunuku Ramayya & Another | joint family. In 1947 after the execution of Exts. A-1 and A-2 there was a disruption of the joint family and a severance of the joint status between Venkatacharyulu and his sons. In 1954 his widow and sons instituted O. S. No. 12 of 1954 against the appellant for recovery of possession of the properties alleging that ... | 0[ds]4. Our findings are as follows :-Venkatacharyulu and the appellant were parties to an illicit intercourse. The two agreed to cohabit. Pursuant to the agreement each rendered services to the other.Her services were given in exchange for his promise under which she obtained similar services. In lieu of her services,... | 0 | 1,183 | 354 | ### 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:
joint family. In 1947 after the execution of Exts. A-1 and A-2 there was a disruption of the joint family and a severance o... |
K. Sashidhar Vs. Indian Overseas Bank and Ors | objections raised rather than to ritually reject them and proceed to take drastic measures Under Sub-section (4) of Section 13 of the Act. Once such a duty is envisaged on the part of the creditor it would only be conducive to the principles of fairness on the part of the banks and financial institutions in dealing wit... | 0[ds]In the present case, however, our focus must be on the dispensation governing the process of approval or rejection of resolution plan by the CoC. The CoC is called upon to consider the resolution plan Under Section 30(4) of the I & B Code after it is verified and vetted by the resolution professional as being comp... | 0 | 23,371 | 6,192 | ### 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:
objections raised rather than to ritually reject them and proceed to take drastic measures Under Sub-section (4) of Sectio... |
Kailash Chandra Vs. Union Of India | left entirely to the authoritys decision. Thus, after the age of 55 is reached by the servant the authority has to exercise its discretion whether or not to retain the servant; and there is no right in the servant to be retained, even if he continues to be efficient.9. Reliance was place by learned counsel on an observ... | 0[ds]It is clear therefore that whereas the authority appropriate to make the order of compulsory retirement or of retention is given no discretion by itself to retain a ministerial railway servant under cl. (b) if he attains the age of 55 years, that is not the position as regards the ministerial servants who fall und... | 0 | 3,044 | 1,450 | ### 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:
left entirely to the authoritys decision. Thus, after the age of 55 is reached by the servant the authority... |
JAYPEE KENSINGTON BOULEVARD APARTMENTS WELFARE ASSOCIATION & ORS Vs. NBCC (INDIA) LTD. & ORS | N infra. Point L Other issues requiring clarification/directions 207. In its detailed submissions, NBCC has also raised an issue that in Clause 7 Schedule 3 of the resolution plan, reduction of share capital is being sought for the corporate debtor and not for the companies yet incorporated but the Adjudicating Authori... | 1[ds]61. The factual and background aspects relating to this batch of matters make it evident that the insolvency resolution of the corporate debtor JIL carries with it vexed and strikingly intricate issues where twice over this Court had exercised its plenary powers under Article 142 of the Constitution of India to en... | 1 | 115,506 | 13,950 | ### 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:
N infra. Point L Other issues requiring clarification/directions 207. In its detailed submissions... |
Kanakarathanammal Vs. V. S. Loganatha Mudaliar And Another | the said co-mortgagors should be allowed to be impleaded before the Privy Council. In support of this plea, reliance was placed on the provisions of O. 1, R. 9 of the Code. In rejecting the said prayer, Sir George Lowndes who spoke for the Board observed that "they are unable to hold that the said Rule has any applicat... | 0[ds]8. It is true that the actual management of the property was done by the appellants father; but that would inevitably be so having regard to the fact that in ordinary Hindu families the property belonging exclusively to a female member would also be normally managed by the Manager of the family; so that the fact t... | 0 | 5,631 | 1,181 | ### Instruction:
Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document.
### Input:
the said co-mortgagors should be allowed to be impleaded before the Privy Council. In support of this p... |
THE EXECUTIVE ENGINEER, M.I.W Vs. VITTHAL DAMODAR PATIL | It is submitted that the witness possessed the necessary qualification and was competent to prepare the subject valuation report. The procedure adopted by him has been explained in his evidence which commended to the High Court and that view being a possible view, needs no interference. It is submitted that this appeal... | 1[ds]11. At the outset, we reject the objection regarding the appeal being barred by limitation. In our opinion, in the peculiar facts of the present case, the explanation offered by the appellant for condoning the delay in filing of this appeal is a just and plausible explanation. As regards the merits of the controve... | 1 | 3,240 | 820 | ### Instruction:
Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences.
### Input:
It is submitted that the witness possessed the necessary qualification and was competent to prepare the subject valuation ... |
STATE OF RAJASTHAN Vs. ASHOK KHETOLIYA & ANR | with the constitutional provisions or without committing a breach thereof, the courts cannot interfere with the same. We may, in this connection, refer to a decision of this Court in Hingir-Rampur Coal Co. Ltd. v. State of Orissa [(1961) 2 SCR 537 : AIR 1961 SC 459] . In this case, the petitioner-mineowners, had among ... | 0[ds]8. We find that the High Court has misread the scope of Part IXA of the Constitution and Article 243Q of the Constitution contemplating that the transitional area has to be notified under such provision. The scheme of the Constitutional Amendment is not to take away legislative competence of the State Legislatures... | 0 | 5,494 | 1,975 | ### 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:
with the constitutional provisions or without committing a breach thereof, the courts cannot interfer... |
Azmat Khan Vs. Khillan Singh & Others | FAZAL ALI, J.1. This election appeal arises out of the election held in 1980 from the constituency No. 56 called Hathin to the Legislative Assembly of the State of Haryana. At the counting held by t he Returning Officer, the Appellant secured 12, 828 votes whereas respondent No. 1 Khillan Singh got 12, 655 votes and on... | 0[ds]We have gone through this authority and we find that the facts of the present case are clearly distinguishable. In the decision referred to above the returned candidate did not recriminate as provided under section 97 of the Representation of the People Act, 1951 and this was the important ground on which the Cour... | 0 | 482 | 173 | ### 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:
FAZAL ALI, J.1. This election appeal arises out of the election held in 1980 from the constituency No. 56 called H... |
Yuvraj Digvijay Singh Vs. Yuvrani Pratap Kumari | from the finding of the trial Court on issue no. 2. The learned Judges however held that it had not been proved that the appellant was impotent, but, on the material issue regarding the impotency of the respondent-wife the learned Judges were of the view that there were various factors and circumstances throwing a seri... | 0[ds]y is impotent if his or her mental or physical condition makes consummation of the marriage a practical impossibility. The condition must be one, according to the statute, which existed at the time of the marriage and continued to be so until the institution of the proceedings. In order to entitle the appellant to... | 0 | 2,181 | 748 | ### 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:
from the finding of the trial Court on issue no. 2. The learned Judges however held that it had not bee... |
Man Singh Vs. Delhi Administration | Fazal Ali, J. 1. In this appeal by special, leave, against the judgment of the Delhi High Court, the appellant has been convicted under Sections 5(1)(d) and 5(2) of the Prevention of Corruption Act read with Section 161, I.P.C. and sentenced to R.I. for one year on each count. The appellant was also sen?tenced to pay a... | 1[ds]In our opinion, the appeal must succeed on a short point3. P.W. 3 another witness who was present at the time when the raid was conducted, also admitted that at the time when the note was recovered the appellant did explain something regarding the recovery of the moneye the Inspector but he did not hear. The witne... | 1 | 907 | 168 | ### 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, against the judgment of the Delhi High Court, the appellant has been co... |
M/s. Aspinwall and Co. Ltd Vs. The Commissioner of Income Tax, Ernakulam | and polishing is done. Thereafter gradation is done. The process of gradation requires separation of good coffee for the purpose of grading by a process of what is known as garbling/manual grading. At times, the process of gradation is done by mechanical means as well. After grading the polishing is done on the basis o... | 1[ds]11. The word `manufacture has not been defined in the Act. In the absence of a definition of the word `manufacture it has to be given a meaning as is understood in common parlance. It is to be understood as meaning the production of articles for use from raw or prepared materials by giving such materials new forms... | 1 | 2,162 | 537 | ### 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:
and polishing is done. Thereafter gradation is done. The process of gradation requires separation of good coffee for the ... |
Sanwat Vs. Deputy Director of Consolidation and Others | 1. This appeal arises out of a proceeding for consolidation of holdings commenced under U. P. Consolidation of Holdings Act, 1954 in respect of Khata No. 23 in village Rasulpur Mafi in District Moradabad in the State of U. P. The dispute is whether Smt. Hardai respondent 2 had inherited the share of her husband and was... | 0[ds]Below the endorsement it is stated that it was signed by the persons whose signature, designation and status are illegible. Smt. Hardai was admittedly illiterate. Herk is also illegible. Who attested her thumb is not indicated. But the major infirmity is that Smt. Hardai was never confronted with her alleged state... | 0 | 1,008 | 182 | ### Instruction:
Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding.
### Input:
1. This appeal arises out of a proceeding for consolidation of holdings commenced under U. P. Consolidation of Ho... |
Rabindranath Bose & Others Vs. Union of India & Others | are hit by Article 14 and Article 16 of the Constitution, the petitioners would have the right to complain of the breach of their fundamental rights under these Articles.33. But in so far as the attack is based on the 1952 Seniority Rules, it must fail on another ground. The ground being that this petition under Articl... | 0[ds]As we read, this scheme, it is quite clear that the intention was not to confine recruitment to the Service through these sources because from Para 3 General, which we have reproduced above, it is quite evident that selections were to be made also from the existing Grade I Income-tax Officers Class II Service. Thi... | 0 | 6,726 | 1,758 | ### 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:
are hit by Article 14 and Article 16 of the Constitution, the petitioners would have the right to... |
State Of Maharashtra Vs. Reliance Industries Ltd | be the interest of the owners thereof may have therein the purpose of acquisition is to acquire all interest which clog the right of the Government to full ownership of the land. In the instant cases, as the ownership of the land does not lie with the respondents, thus, it was not necessary to acquire the land. The fac... | 1[ds]15. The provision contained in section 49 makes it clear that there can be acquisition of part of house or building but if the owner thereof desires that whole of his house or manufactory or building shall be so acquired, the provisions can not be used for the purpose of acquiring a part only of any house, manufac... | 1 | 22,846 | 2,314 | ### 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:
be the interest of the owners thereof may have therein the purpose of acquisition is to acquire all int... |
Gurdit Singh Aulakh (Deceased) Through L.R.S Vs. The State Of Punjab & Others | remove a member once appointed except on the grounds specified therein and the fact that the High Court declared that the removal of Aulakh from the membership of the Tribunal was bad would not have warranted the removal of Kahla from the membership of the Tribunal under that provision. To put it differently, the conte... | 0[ds]5. We think that the contention urged on behalf of the State of Punjab must prevail. From the fact that the judgment of the High Court declared that the removal of Aulakh was bad in law, it would not follow that the appointment of Kahla in the vacancy by the removal of the Aulakh was void. Assuming that the appoin... | 0 | 1,706 | 619 | ### 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:
remove a member once appointed except on the grounds specified therein and the fact that the High Court decl... |
SHANTABEN Vs. NATIONAL POWER TRANSPORT | process of assessment of the amount of compensation. In this regard, the Tribunal found that the flour mill in question belonged to the father of the deceased and no documentary evidence (like income tax returns or books of accounts etc.) as regards income of the deceased was adduced to substantiate the claim as made b... | 1[ds]7. In a comprehension of the award made by the Tribunal as also the judgment passed by the High Court, we are constrained to observe that the process of assessment of compensation in the present case had been too uncertain, rather vague, and unreasonably restrictive; and the amount as awarded to the appellants can... | 1 | 1,567 | 658 | ### 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:
process of assessment of the amount of compensation. In this regard, the Tribunal found that the flour ... |
Messrs. Howrah Trading Co., Ltd, Vs. The Commissioner Of Income-Tax, Calcutta | the expression "shareholder or "holder of a share" in so far as that Act is concerned, denotes no other person except a "member." The question that arises in the present case is whether by reason of Ss. 16(2) and 18(5) the assessee, who was a transferee on a blank transfer is entitled to the benefits of the grossing up... | 0[ds]14. No one can doubt the correctness of the proposition in these cases, but from an equitable right to compel the transferor to give up the dividend to the transferee, to a claim to the dividend by him as a "shareholder" against the Company is a, wide jump.In so far as the company is concerned, it does not even is... | 0 | 3,750 | 540 | ### Instruction:
Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document.
### Input:
the expression "shareholder or "holder of a share" in so far as that Act is concerned, denotes no other per... |
U. Ponnappa Moothan Sons, Palghat Vs. Catholic Syrian Bank Ltd. And Others | the customer account does not by itself alter his position but that however is a question of fact in each case namely whether there was such a contract express or implied that the customer should be entitled to draw against the amount of cheque before it is cleared. ( 15. ) In A. L. Underwood Ltd. v. Bank of Liverpool ... | 0[ds]The above two passages indicate that the Banker who is asked to collect a cheque can credit the customer with the amount before the proceeds are received and if he has acted in good faith he has the necessary statutory protection and crediting the customer account does not by itself alter his position but that how... | 0 | 7,095 | 820 | ### 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:
the customer account does not by itself alter his position but that however is a question of fact in each ... |
Nagubai Ammal & Others Vs. B. Shama Rao & Others | Privy Council in Kala Chand Banerjee v. Jagannath Marwari, 1927 PC 108 (AIR V14) (G), that when in execution of a mortgage decree properties are sold without notice to the Official Receiver in whom the equity of redemption had vested prior to the sale, such sale would not be binding on him. But here, it is not the Offi... | 0[ds]If it is, it is not in dispute that it becomes avoided by the purchase by Devamma on 2-8-1928. If it is not, it is equally indisputable that the appellants as purchasers of the equity of redemption from Keshvananda have a right to redeem the mortgage dated 1-9-1918, and not having been impleaded in O. S. No. 8 of ... | 0 | 8,989 | 2,171 | ### 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:
Privy Council in Kala Chand Banerjee v. Jagannath Marwari, 1927 PC 108 (AIR V14) (G), that when in execution... |
Hyderabad Asbestos Cement Products Limited Vs. State of Andhra Pradesh | by railway under railway receipts with freight to pay. The company made out an invoice at the catalgue rate, and the customer paid the amount of the invoice less the freight for releasing the railway receipt and took delivery of the goods on payment of the railway freight. The result was that the net price received by ... | 1[ds]Clauses (4) and (16) of the terms of contract, on which reliance was placed by the High Court, read as followsThe price of the said productions supplied to the stockists shall be the current general gross list price charged by the company, free on rail, less such discount as may be fixed by the company from time t... | 1 | 1,369 | 464 | ### 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:
by railway under railway receipts with freight to pay. The company made out an invoice at the catalgue ... |
General Manager, South Central Rlys. and Another Vs. T. Venkata Rao and Others | Untwalia, J.1. This is an appeal by certificate granted by the Andhra Pradesh High Court. The facts of this case are almost identical to those in the case of General Manager, South Central Railway, Secunderabad and another, etc. v. A. V. R., Siddhanti and others, etc. [1974-I L.L.J. 312]. All the 33 respondents in this... | 0[ds]5. As in respect to the cases of respondents 4, 5 & 33 who were respectively petitioners 4, 5 and 34 in the writ petition the appellants case was that they had been drafted into other cadres. They were originally given their seniority in the cadre of commercial clerks as it was given to the other Grain Shop clerks... | 0 | 957 | 412 | ### 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:
Untwalia, J.1. This is an appeal by certificate granted by the Andhra Pradesh High Court. The facts of this c... |
National Iron And Steel Co. Ltd. & Ors Vs. The State Of West Bengal & Anr | the Tribunal to call upon a particular employer to produce any document which was within its possession or power. Balance sheets and profit and loss accounts have to be maintained by all the companies and it goes without saying that the other three concerns could, if they were so minded, have produced these documents b... | 0[ds]6. The contention that all the employers were not interested in all the reliefs claimed is not a matter of any moment in the circumstances of the case. All the four concerns filed written statements which appear to have been drafted by the same draftsman. They were represented by the same set of lawyers. At no poi... | 0 | 4,143 | 2,441 | ### Instruction:
Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation.
### Input:
the Tribunal to call upon a particular employer to produce any document which was within its possession or p... |
Marachalil Pakku & Another Vs. State of Madras | whether accused 3 to 7 were the five among the seven persons who entered the house that day. That is the reason why their names do not appear in Ex. P-1. If their names also had appeared in Ex. P-1 we would have held that they are as much guilty as accused 1 and 2 are. The absence of their names in Ex. P-1 does not giv... | 0[ds]7. It is this inconsistency in which the learned Judges fell that led us to the granting of special leave to appeal. The learned Judges positively held that seven persons took part in the crime. Witnesses whom they believed definitely named those seven persons. Their names were not give by P. W. 1 and P. W. 2 in E... | 0 | 2,907 | 774 | ### 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:
whether accused 3 to 7 were the five among the seven persons who entered the house that day. That is the reason why their n... |
Jay Electric Wire Corporation Employees Union & Another Vs. Pravin Gada & Others | a matter of some significance that within a period of a little over a month thereafter, an offer was made to the Recovery Officer for the same property for Rs.6.45 crores. Even that offer, it must be noted, was without a public advertisement being issued and an opportunity being granted to the public at large to bid fo... | 1[ds]19. The record of the case reveals that the principal borrower, which is a Company incorporated under the Companies Act, 1956, has been ordered to be wound up. A provisional Liquidator was initially appointed by an order of the Company Judge dated 6 October 2005. While passing an order of winding up on 15 October ... | 1 | 6,852 | 881 | ### 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:
a matter of some significance that within a period of a little over a month thereafter, an offer was made to the Recovery... |
F.C.I Vs. M/S. Chandu Construction | change of circumstances, "completely outside the contemplation of parties" at the time when the contract was entered into will justify a Court, while holding the parties bound by the contract, in departing from the express terms thereof. Similarly, in The Naihati Jute Mills Ltd. Vs. Khyaliram Jagannath , this Court had... | 1[ds]11. It is trite to say that the arbitrator being a creature of the agreement between the parties, he has to operate within the four corners of the agreement and if he ignores the specific terms of the contract, it would be a question of jurisdictional error on the face of the award, falling within the ambit of leg... | 1 | 3,123 | 854 | ### 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:
change of circumstances, "completely outside the contemplation of parties" at the time when the contract was ente... |
Special Officer, Commerce, North Eastern Electricity Company of Orissa and Anr Vs. Raghunath Paper Mills Private Limited and Anr | from the tabulated statement above set out, the auction-purchasers came to purchase the property after disconnection but they cannot be ?consumer or occupier? within the meaning of the above provisions till a contract is entered into. 63. We are clearly of the opinion that there is great reason and justice in holding a... | 0[ds]We are of the view that the reading of the abovee makes it clear that the said provision is not applicable to respondent No. 1. We have already quoted that respondent No. 1, after purchase of the said Unit in an auction sale conducted by the Official Liquidator on ?as is where is? and ?whatever there is? basis has... | 0 | 3,609 | 410 | ### 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:
from the tabulated statement above set out, the auction-purchasers came to purchase the property after disconnection but the... |
Larsen and Toubro Limited Scomi Engineering BHD Vs. Mumbai Metropolitan Region Development Authority | this count was "whether the claimants are entitled to file this claim as Claimant No. 1 and Claimant No. 2 or only as the Consortium of L&T and Scomi Engineering Bhd?" The High Court of Bombay, agreed with the interim Award of the Arbitrators, and held as follows: "8. Considering the terms and conditions of the contrac... | 0[ds]When we come to the consortium agreement that is entered into between the Indian company and the Malaysian company as aforestated, we find in the definition Clause that "Consortium" shall mean L&T and Scomi Engineering Bhd, acting in collaboration, for the purpose of this agreement and shall be called "the L&T-SEB... | 0 | 2,833 | 788 | ### 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:
this count was "whether the claimants are entitled to file this claim as Claimant No. 1 and Claimant No. 2 or only as the ... |
Gurjeewan Garewal Vs. Sumitra Dash | expiry of granted leave period.18. This Court dealt with similar situations in Aligarh Muslim University vs. Mansoor Ali Khan (2000) 7 SCC 529. In this case an employee of Aligarh Muslim University obtained ex-India leave for two years. Then he applied for an extension of leave for another three years. But University g... | 1[ds]12. At the outset it is to be mentioned that Article 311 cannot be automatically invoked in all the instances where a person is not given an opportunity of hearing. Article 311 confers certain safeguards upon persons employed in civil capacities under the Union of India or a State. Only persons who are holding civ... | 1 | 3,506 | 820 | ### 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:
expiry of granted leave period.18. This Court dealt with similar situations in Aligarh Muslim Universit... |
Shyamal Kumar Sarkar Vs. State of West Bengal | Mathew, J. 1. This is an application under Article 32 of the Constitution for the issue of a writ in the nature of habeas corpus and for the release of the petitioner alleged to be in illegal custody. 2. The petitioner was arrested on April 13, 1971, under an order of detention passed by the District Magistrate, Howrah... | 0[ds]4. In the writ petition field before this Court no specify ground has been taken challenging the validity of the order of detention. Nor did counsel for the petitioner put forward any ground to show that the order of detention is in any way vitiated5. According to the grounds of detention, the petitioner committed... | 0 | 732 | 96 | ### 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:
Mathew, J. 1. This is an application under Article 32 of the Constitution for the issue of a writ in the nature of... |
Sameer Kapoor and Ors Vs. The State and Ors | estate, and the applicant for probate or letters of administration only seeks the permission of the court to perform that duty. There is only a seeking of recognition from the court to perform the duty. That duty is only moral and it is not legal. There is no law which compels the applicant to file the proceedings for ... | 0[ds]10. Now so far as the first question is concerned, the same is now not res integra in view of the direct decision of this Court in the case of Kunvarjeet Singh Khandpur (supra) and in the case of Krishan Kumar Sharma v. Rajesh Kumar Sharma reported in (2009) 11 SCC 537. In both the aforesaid decisions, this Cour... | 0 | 5,136 | 1,466 | ### 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:
estate, and the applicant for probate or letters of administration only seeks the permission of the court to perform that du... |
PATEL ENGINEERING LTD. Vs. NORTH EASTERN ELECTRIC POWER CORPORATION LTD. (NEEPCO) | 3.4 of the BoQ are applicable. The provisional payment was an interim arrangement and was preceded by meetings dated 07.12.2012 and 08.12.2012 wherein it was specifically agreed between the parties that HoP, NEEPCO would take steps for referring the dispute to arbitration and that till the arbitral award, the payment w... | 0[ds]12. In our considered view, it is not necessary to go into the question of maintainability of these SLPs preferred against the order rejecting the review, after the challenge to the main judgment had been rejected in the earlier SLPs. As noted earlier, in this case, the judgment of the High Court under Section 37 ... | 0 | 6,209 | 1,308 | ### 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:
3.4 of the BoQ are applicable. The provisional payment was an interim arrangement and was preceded by meetings da... |
Shrimant Sardar Chandrojirao Angre Vs. State Of Madhya Pradesh | Dictionary, P. 641, a grove has been defined as a small wood; groups of trees standing together without undergrowth. The Shorter (Oxford English Dictionary, Vol. l, 838 also defines it as a small wood, a group of trees affording shade or forming avenues or walks. In Corpus Juris Secundum, Vol. 98, P. 688 a grove is def... | 1[ds]4. These provisions show clearly that the legislature has used the word "trees" at three places in three different contexts: in secs. 4 (a), 5 (b) and 5 (c) apart from the expression "all groves wherever situate" in sub-cl. (iv) of sec. 5 (b). Whereas under sec. 4 (a) the trees are to vest in the State Government ... | 1 | 2,472 | 1,023 | ### 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:
Dictionary, P. 641, a grove has been defined as a small wood; groups of trees standing together without un... |
New Kaiser-I-Hind Spinning and Weaving Company Limited (In Liquidation) Vs. State of Maharastra | take over the company by offering to sell them their controlling share holding at the low price of Rs. 10 per share. Perhaps that attracted the Jalan group which for a time felt that they were making an easy bargain and would be able to set the company on its feet again by procuring finances and running it to their pro... | 1[ds]In his order on Company Application No. 21 of 1967, also the learned judge made a similar remark : it may be mentioned that, in the course of the hearing of this judges summons, the parties have freely used the affidavits filed in the different applications relating to the, as the same have been referred to and in... | 1 | 26,564 | 3,557 | ### 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:
take over the company by offering to sell them their controlling share holding at the low price of Rs. 10 ... |
Calcutta State Transport Corporation Vs. Md. Noor Alam | Grover, J.1. This is an appeal by special leave from an order of the Second Labour Court, West Bengal, rejecting an application under S. 33 (2) (b) of the Industrial Disputes Act 1947, hereinafter called the Act, filed by the appellant seeking approval of an order of removal from service passed against the respondent.2... | 1[ds]4. It has been argued before us and rightly that the Labour Court wholly misunderstood the true position both on facts and in law. Firstly the order of removal was merely recorded on the official file on May 18, 1967 and it was to be effective only from July 1, 1967.Before that period it was open to the competent ... | 1 | 1,074 | 406 | ### Instruction:
Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding.
### Input:
Grover, J.1. This is an appeal by special leave from an order of the Second Labour Court, West Bengal, rejecting an applic... |
Kotak Mahindra Bank Ltd Vs. Hindustan National Glass & Ind.Ltd | or other authority shall compel the bank or any banking company to produce or to give inspection of any statement submitted by that banking company under section 45C or to disclose any credit information furnished by the bank to that banking company under Section 45D.” We have already held that information relating to ... | 1[ds]of the Calcutta High Court in interpreting the Master Circular, in our considered opinion, is not correct because it is a settled principle of interpretation that the words in a statute or a document are to be interpreted in the context or subject-matter in which the words are used and not according to its literal... | 1 | 12,879 | 582 | ### 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:
or other authority shall compel the bank or any banking company to produce or to give inspection of any statement submitt... |
Bharat Sanchar Nigam Ltd Vs. Union Of India | there were about 100 taxable services including the service of a telephone connection. The question is - is the sale element is each of these several services and in particular the service of a telephone connection taxable by the States? As we have said Art. 366(29A) has no doubt served to extend the meaning of the wor... | 1[ds]The decisions cited have uniformly held that res judicata does not apply in matters pertaining to tax for different assessment years because res judicata applies to debar Courts from entertaining issues on the same cause of action whereas the cause of action for each assessment year is distinct. The Courts will ge... | 1 | 15,124 | 9,403 | ### 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:
there were about 100 taxable services including the service of a telephone connection. The question is - is the s... |
Balchand Vs. Income-Tax Officer, Sagar | computed, or if (b) in cases not mentioned in Clause (a) the Income-tax Officer had in consequence of information in his possession reason to believe that income, profits or gains chargeable to income-tax had escaped assessment for any year, or had been under-assessed, or assessed at too low a rate, or had been made th... | 0[ds]4. Under S. 22 (1) of the Income-tax Act, 1922, the Income-tax Officer was required before the 1st day of May in each year to five notice, by publication in the press and calling publication in the prescribed manner, calling upon every person whose total income during the previous year exceeded the maximum amount ... | 0 | 2,183 | 450 | ### 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:
computed, or if (b) in cases not mentioned in Clause (a) the Income-tax Officer had in consequence of information in his pos... |
Indian Performing Right Society Ltd Vs. Eastern India Motion Pictures Association | virtue of section 14(1)(e) of the Act on completion of the cinematograph film a copyright which gives him the exclusive right inter alia of performing the work in public i.e. to cause the film in so far as it consists of visual images to be seen in public and in so far as it consists of the acoustic portion including a... | 0[ds]The interpretation clause (f) of section 2 reproduced above, which is not exhaustive, leaves no room for doubt when read in conjunction with section 14(1)(c)(iii) that the term "cinematograph film" includes a sound track associated with the film. In the light of these provision s, it cannot be disputed that a "cin... | 0 | 6,900 | 1,568 | ### 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:
virtue of section 14(1)(e) of the Act on completion of the cinematograph film a copyright which gives him the exclusive ri... |
M/s Nava Bharat Ferro Alloys Ltd Vs. Transmission Corporation of A.P. Ltd. & Another | has been wiped out from existence." 21. Suffice it to say that the decision of this Court in Kerala State Electricity Boards case (supra) does not lend any support to the appellant-company in its endeavour to avoid payment of the amount which became recoverable from it no sooner the judgment of the High Court was rever... | 0[ds]10. There is, in our opinion, a basic fallacy in the analogy which the appellant draws between its case and the cases referred to above. What is overlooked by the appellant is the fact that the decision of this Court in the Kerala State Electricity Boards case (supra) has enforced the terms under which the supply ... | 0 | 5,163 | 1,746 | ### 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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has been wiped out from existence." 21. Suffice it to say that the decision of this Court in Kerala S... |
Commissioner of Income Tax, West Bengal Vs. B. K. Dhote | 1945, he had not visited any place in British India " at any time "In his statement before the Tribunal the assessee admitted that he had in his letter dated November 5, 1956, stated that, after his departure from British India, he had paid a few visits to British India which did not exceed seven days in any year. He, ... | 1[ds]The Tribunal, on a consideration of statements made by him, the other evidence, and his conduct, came to the conclusion that the visits of the assessee were in connection with his business, and not social visits as claimed by him. It cannot be said that the Tribunal recorded its conclusion on no evidence or on irr... | 1 | 2,289 | 272 | ### 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:
1945, he had not visited any place in British India " at any time "In his statement before the Tr... |
Union of India & Ors Vs. Amrita Sinha | appointment on the ground that the respondent was drawing a monthly pension of Rs 8,265 on the date of consideration of the case was not justifiable as pension is paid for the service rendered by a deceased employee. Moreover, the Tribunal noted that the quantum of pension would stand reduced with effect from 7 January... | 1[ds]Under the policy document, which embodies the Scheme for considering cases for compassionate appointment, points are awarded under diverse heads. The monthly pension which was payable to the respondent was required to be taken into account in the award of merit points. The Tribunal, however, came to the conclusion... | 1 | 1,525 | 552 | ### Instruction:
Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document.
### Input:
appointment on the ground that the respondent was drawing a monthly pension of Rs 8,265 on the da... |
Suresh Mohan Chopra Vs. Lakhi Prabh Dayal and Others | 1. Heard learned counsel for the parties 2. Special leave granted. The appeal is taken up for final hearing with the consent of learned counsel for the parties 3. The appellant filed a claim for compensation on account of injuries received by him in an accident which took place on November 30, 1977. On that date, the a... | 1[ds]6. Having heard learned counsel for the parties, we are of the opinion that there is substance in the submission made by the learned counsel for the appellant. In the instant case, the1 had been produced as its witness by the Insurance Company itself and he categorically stated that he had a driving licence at the... | 1 | 555 | 283 | ### 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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1. Heard learned counsel for the parties 2. Special leave granted. The appeal is taken up for final hearing with the cons... |
Welath Tax Officer, Calicut Vs. C. K. Mammed Kayi (Since Deceased) Through His L.Rs. T.M.Poc | family, it would not automatically follow that the term individual occurring in s. 3 of the Wealth Tax Act 1957 would include a non-Hindu undivided family like a Mapilla Marumakkathayam Tarwad, but the question will have to be considered in the light of the scheme of the Wealth Tax Act itself. The enactment is intended... | 1[ds]In our view the specific mention of Hindu undivided family in the section does not result in the exclusion of group of individuals who only form a unit by reason of their birth like a Mapilla Tarwad from the operation of the section. It is difficult to accept the argument that if term individual was intended to in... | 1 | 3,162 | 695 | ### 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:
family, it would not automatically follow that the term individual occurring in s. 3 of the Wealth Tax Act 1957 would includ... |
Motor Owners Insurance Co. Ltd Vs. Jadavji Keshavji Modi & Ors | 2, 000 each, in the case of Bachan Singh and Narinder Nath. In view of the limit on the insurers liability in respect of each passenger, the argument on the construction of the words any one accident had no relevance and was, therefore, neither made nor considered by the court. Different considerations may arise under ... | 0[ds]We are concerned only with cl. (a) of s. 95(2) and that too, as it existed on February 1, 1966, when the collision between the car and the truck took place. We have extracted the other clauses of s. 95(2) in order to trace the legislative history of the section and to see whether the language used by the Legislatu... | 0 | 8,187 | 3,149 | ### 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:
2, 000 each, in the case of Bachan Singh and Narinder Nath. In view of the limit on the insurers liab... |
Om Parkash Vs. State of Haryana and Others | SHAH, J. 1. The appellant obtained the right to win Saltpetre from the Shamlat Deh lands vested in the Panchayat of two villages Malar and Peoda. In respect of the land in village Malar the right to win Saltpetre was to end on August 31, 1970, and the appellant had paid a sum of Rs. 30, 100/-. In respect of the land in... | 1[ds]5. In this Court the State has filed an affidavit in reply; it does not prima facie appear that there were any such complicated questions of fact which would necessitate that the appellant should be driven to a separate suit. It may also be pointed out that in a similar dispute also relating to the grant of the ri... | 1 | 642 | 116 | ### 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:
SHAH, J. 1. The appellant obtained the right to win Saltpetre from the Shamlat Deh lands vested in the Panchayat of two v... |
Marshall Sons and Co. Ltd Vs. Income Tax Officer | on which the shareholders of the subsidiary company become the shareholders of the holding company as provided in the sub-clauses. The High Court has opined that the transfer date mentioned in the scheme, viz., January 1, 1982, is "totally artificial and arbitrary" (for the reason that on the said date neither the comp... | 1[ds]A reading of the above clauses of the scheme shows that according to the scheme, the entire undertaking of the subsidiary company shall be transferred to the holding company with effect from the transfer date and that the subsidiary company shall be amalgamated with the holding company with effect from the said da... | 1 | 6,220 | 1,161 | ### 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:
on which the shareholders of the subsidiary company become the shareholders of the holding company as provid... |
Thakurain Raj Rani And Others Vs. Thakur Dwarka Nath Singh And Others, | terms thereof, if Ganga Bux Singh failed to perform the contract Shankar Bux Singh was to have the power to have the same performed by Ganga Bux Singh through Court. This consequence could not be contemplated if the payment constituted a condition precedent and the non-fulfilment of the condition precedent was to have ... | 0[ds]10. In regard to the last contention urged by Dr. Tekchand both the Courts below were of the opinion that the question of animus testandi was barred by res judicata. It was held by their Lordships of the Privy Council that the will in dispute was not revoked and that it was the last will and testament of Shankar B... | 0 | 5,649 | 1,274 | ### 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:
terms thereof, if Ganga Bux Singh failed to perform the contract Shankar Bux Singh was to have the power to have ... |
M/S Parakh Foods Ltd Vs. State Of A.P | Rule 37 D of the PFA Rules.5. The prosecution initiated against the appellant was challenged by filing a petition under Section 482 of the Code of Criminal Procedure, 1973. The High Court decided the criminal proceedings on 20.07.2007. The High Court came to the conclusion that the vendor did not produce any warranty, ... | 1[ds]The provision for labeling of edible oils and fats is under Rule 37 D of the PFA Rules which specifies labeling of edible oils and fats. The Rule clearly states that package / labeling or advertisement of edible oils and fats shall not use the expressions such as (i) super-refined; (ii) extra-refined; (iii) micro-... | 1 | 1,595 | 689 | ### 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:
Rule 37 D of the PFA Rules.5. The prosecution initiated against the appellant was challenged by filin... |
Commissioner of Income-Tax, Goa Vs. V.S. Dempo & Company Limited | earlier assessment years, there must be a material change in the fact situation. There is no gainsaying that the previous view will have no applicable even in cases where the law itself has undergone a change but before an earlier view can be upset or digressed from, one of the two must be demonstrated, namely, a chang... | 0[ds]11. The record reveals that the Assessee has received interest in the respective previous years on FDR in the banks anddeposits. The Assessing Officer treated the interest income under the head "income from other sources" and excluded from the head " profits and gains of business or profession". The Assessing Offi... | 0 | 3,899 | 833 | ### 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:
earlier assessment years, there must be a material change in the fact situation. There is no gainsaying that the previous... |
VIIT PHARMACY COLLEGE AND ANOTHER Vs. DR. A.P.J. ABDUL KALAM TECHNICAL UNIVERSITY AND ANOTHER | direction to respondent No.1-University to organize special examinations for B. Pharma students for academic year 2020- 21 in view of the notification dated 19th March 2021. 2. The facts in brief giving rise to the petition are as under:- On 28th January 2020, the respondent No.1-University invited applications for gra... | 1[ds]9. This Court, in the case of, Dr. S.K. Toshiwal Educational Trusts Vidarbha Institute of Pharmacy (supra), has held as under:-87. In view of the above and for the reasons stated above, it is held that in the field of Pharmacy Education and more particularly so far as the recognition of degrees and diplomas of Pha... | 1 | 1,168 | 303 | ### 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:
direction to respondent No.1-University to organize special examinations for B. Pharma students f... |
V.L.S.Finance Ltd Vs. Union Of India | charged necessarily does not invite imprisonment or imprisonment and also fine. Hence, we are of the opinion that the nature of the offence is such that it was possible to be compounded by the Company Law Board. 11. Mr. Shankaranarayanan, then submits that sub-section (7) of Section 621A confers jurisdiction on the cou... | 0[ds]we are of the opinion that the power under sub-section (1) and sub-section (7) of Section 621A are parallel powers to be exercised by the Company Law Board or the authorities mentioned therein and prior permission of Court is not necessary for compounding the offence, when power of compounding is exercised by the ... | 0 | 3,468 | 87 | ### 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:
charged necessarily does not invite imprisonment or imprisonment and also fine. Hence, we are of ... |
M/S Dugar Tea Industries Pvt.Ltd Vs. State Of Assam | tea was not a manufacturing activity and therefore, also the appellant was not entitled to the benefit claimed by it. 13. The learned counsel thereafter submitted that according to the provisions of Section 4 of the Act, Certificate of Authorisation should have been procured by the appellant for availing the benefit un... | 0[ds]In view of the aforestated Rule, it is crystal clear that tea is not to be included innd therefore, no exemption could have been claimed by the Appellant Company in respect ofas a raw material for purchase as well as sale of tea. It is also pertinent to note that the appellant had earlier preferred Civil Rule No.4... | 0 | 2,047 | 797 | ### 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:
tea was not a manufacturing activity and therefore, also the appellant was not entitled to the benefit claim... |
Indore Devt. Authority & Another Vs. Arvind Techno Engineering P. Ltd. & Another | the petitioners and Mr. P.S. Patwalia, learned Senior Counsel appearing on behalf of respondent No. 1. 2. Also heard Ms. Meera Mathur, Advocate representing respondent No. 2 who is supporting the petitioner in this case. Does Clause 21.1 of the notice inviting tenders (NIT) for construction of Railway Over Bridge at We... | 0[ds]8. On hearing the parties at some length, we are satisfied that in the facts and circumstances of the case, the view taken by the High Court does not warrant any interference by this Court in exercise of powers under Article 136 of the Constitution.9. We may mention here that Mr. Bobde tried to submit before us th... | 0 | 1,127 | 198 | ### Instruction:
Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case.
### Input:
the petitioners and Mr. P.S. Patwalia, learned Senior Counsel appearing on behalf of respondent No. 1. 2. Al... |
Chandra Prakash Agarwal Vs. Chaturbhuj Das Parikh & Others | of a High Court, no matter whether he practised in the High Court itself or in courts subordinate to it or both. The expression "an advocate or a pleader of a High Court" having thus acquired the meaning as aforesaid, it must be presumed that a similar expression, namely, "a pleader of a High Court for a period of not ... | 0[ds]8. It seems, therefore, indisputable that the expression pleader of a High Court used in the Constitution Acts of 1915 and 1935 the expression "an advocate of a High Court" used in Articles 217 (2) (b) and 124 (3) must mean respectively a pleader or an advocate on the roll as such of a High Court and entitled as ... | 0 | 2,964 | 519 | ### 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 a High Court, no matter whether he practised in the High Court itself or in courts subordinate to it or both. The express... |
VAIJINATH S/O YESHWANTA JADHAV DECEASED BY L.RS Vs. AFSAR BEGUM W/O NAIDIMUDDIN DECEASED BY L.RS | same. 10. The Additional Tehsildar, Land Reforms, by his order dated 23.12.1987 held that the declaration of the appellant as protected tenant was procedurally defective because the name of the appellant did not find place in the tenants register. In the appeal preferred by the appellant, the Deputy Collector took noti... | 1[ds]7. We have considered the submissions on behalf of the parties and have been taken through the various orders passed in the two rounds of litigation preferred first by the respondents and then by Afsar Begum. The respondents do not dispute the status of the appellant as a tenant. The attempt at restoration of the ... | 1 | 2,964 | 1,501 | ### 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. 10. The Additional Tehsildar, Land Reforms, by his order dated 23.12.1987 held that the declaration of... |
The Corporation Of Calicut Vs. K. Sreenivasan | person enters into possession or occupies the premises and continues, until he leaves the premises. What is germane for the purpose of interpretation of Section 2(g) is whether or not the person concerned was in occupation of the public premises when the Premises Act was passed. In the instant case, it is not disputed ... | 1[ds]6. The necessity of enacting Kerala Public Buildings (Eviction of Unauthorised Occupants) Act, 1968 by the Kerala Legislature appears to be that the tenancy to unauthorisedly occupy public buildings, either from its very inception without any authority whatsoever or continuing in its occupation after the authority... | 1 | 4,157 | 1,454 | ### 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:
person enters into possession or occupies the premises and continues, until he leaves the premises. What is germane for the ... |
The New Marine Coal Co. (Bengal) Private Ltd Vs. Union Of India | it to recover it or its proceeds from a person who has wrongfully obtained possession of it. In the case before them, there was nothing in the draft or the endorsement with which the plaintiff had anything to do, calculated in any way to mislead the defendants. It was regularly endorsed, and was then enclosed in a lett... | 1[ds]15. Mr. Setalvad contends that a plea of negligence should have been raised by the respondent in its pleadings and the appellate Court was, therefore, in error in allowing such a plea to be raised for the first time in appeal.our opinion, there is some force in this contention. Negligence in popular language and i... | 1 | 6,240 | 2,444 | ### 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:
it to recover it or its proceeds from a person who has wrongfully obtained possession of it. In the case before th... |
ARDHENDU KUMAR DAS Vs. THE STATE OF ODISHA AND ORS | B.R. GAVAI, J. 1. Both these petitions challenge the interlocutory order dated 9th May, 2022, passed by the Division Bench of the High Court of Orissa at Cuttack, in Writ Petition (Civil) No.6257 of 2022, wherein the Division Bench of the High Court has recorded certain submissions and statements made by the learned Ad... | 1[ds]21. A three-Judge Bench of this Court in the case of Mrinalini Padhi (supra), had an occasion to consider the situation prevailing in the vicinity of Shree Jagannath Temple.This Court in the said case had initially passed an order on 8th June, 2018, directing the District Judge, Puri to submit a report. This Court... | 1 | 509 | 2,656 | ### 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:
B.R. GAVAI, J. 1. Both these petitions challenge the interlocutory order dated 9th May, 2022, passed ... |
THE STATE OF UTTAR PRADESH Vs. ACHAL SINGH | amended the Rules not to retire Government doctors, if there is any scarcity of doctors it is open to the Government of Uttar Pradesh to amend its rules. In India, the Government sponsored Medical Services to cater to the needs of poorest of the poor and have-nots otherwise there is the commercialisation of the charita... | 1[ds]11. In our opinion, whether voluntary retirement is automatic or an order is required to be passed would depend upon the phraseology used in a particularunder which retirement is to be ordered or voluntary retirement is sought. The factual position of each and every case has to be seen along with applicablewhile a... | 1 | 13,311 | 4,103 | ### 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:
amended the Rules not to retire Government doctors, if there is any scarcity of doctors it is open to... |
Guntur Tobaccos Ltd Vs. The Transmission Corpn. Of A.P. | but the second part of the agreement which gives an option to the licensee of purchasing the property cannot be enforced because of the statutory obligation of A.P. Electricity Supply Undertakings (Acquisition) Act, 1954." 19. Mr. Pallav Sishodia, learned counsel for the appellant, while questioning the finding of the ... | 0[ds]23. We have carefully considered the submissions of the respective parties and do not find any reason to disagree with the view taken by the Division Bench of the High Court, in dismissing the Letters Patent Appeal. Having regard to the opinion given by the Government Solicitor, the finding arrived at by the High ... | 0 | 3,846 | 364 | ### 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:
but the second part of the agreement which gives an option to the licensee of purchasing the property c... |
M. Kallappa Setty Vs. M.V. Lakshminarayana Rao | defendant has no right whatever in this site, nor is he in enjoyment of the same; and(2) granting permanent injunction restraining the defendant from unlawfully and forcibly entering upon the suit site, and disturbing the plaintiffs possession and also from constructing the house by unlawfully obtaining a licence from ... | 1[ds]4. Neither the trial court not the first appellate court carefully examined the title of the plaintiff. In upholding the title of the plaintiff they have primarily relied on the sale deed executed by Abdulla Saheb in his favour. The defendant in his written statement had pleaded that P.W. 5 was the owner of the su... | 1 | 1,151 | 643 | ### 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:
defendant has no right whatever in this site, nor is he in enjoyment of the same; and(2) granting permanent ... |
Himmat Singh Vs. I.C.I. India Ltd. | Dr. Arijit Pasayat, J. 1. Challenge in this appeal is to the order passed by a learned Single Judge of the Allahabad High Court dismissing the writ petitions filed by the appellants. Challenge before the High Court was to the order passed by the Presiding Labour Court (II) U.P. Kanpur in Adjudication case-Arbitration d... | 0[ds]A few observations made by the High Court which are relevant need to be noted. It was held by the High Court aslabour court has held that the petitioners were not working as helpers to the fitters; they were not paid by the company; and were engaged on contract for intermittent work i.e. they did not have regular ... | 0 | 957 | 328 | ### 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:
Dr. Arijit Pasayat, J. 1. Challenge in this appeal is to the order passed by a learned Single Judge of ... |
Chaliagulla Ramachandrayya Vs. Boppana Satyanarayana & Others | 25. The facts there were that the defendants father who was selected by Musalireddi, in pursuance of a special custom, as a son-in-law who should take his property as if he was a son entered into possession of the property on Musalireddis death. He then associated with himself the plaintiff in the management of his pro... | 0[ds]13. It may be mentioned that this decision in Venkayyamma Raos case, 43 Ind App 138: (AIR 1916 PC 9) was among the authorities on which the Calcutta High Court relied in Ariff v. Jadunath, ILR 55 Cal 1090 : (AIR 1929 Cal 101 ). The High Court held that the result of equitable principles which had been applied i... | 0 | 1,798 | 391 | ### 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:
25. The facts there were that the defendants father who was selected by Musalireddi, in pursuance of a speci... |
Pradeep Kumar Vs. State of Haryana | Act, 1961 (28 of 1961).(2) Whoever commits dowry death shall be punished with imprisonment for a term which shall not be less than seven years but which may extend to imprisonment for life.” The provision has application when death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal... | 0[ds]13. On going through the dying declaration, we have held that the second part of dying declaration inspires confidence so as to consider it to be a dying declaration of the deceased. The first part of dying declaration is tutored by the accused-husband as apparent from the said part of the dyingFrom the aforesaid,... | 0 | 4,206 | 351 | ### 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:
Act, 1961 (28 of 1961).(2) Whoever commits dowry death shall be punished with imprisonment for a term which... |
Rai Bahadur Seth Shreeram Durgaprasad Vs. Director of Enforcement | to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render an y such person liable to punishment if he proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent such contravention." 3. It is clear from these p... | 0[ds]It is clear from these provisions that the word whoever in sub-s. (1) of s. 23 of the Act before its amendment was comprehensive enough to include an association of persons, such as a firm, and did not connote a natural person alone. There is no reason why the word whoever in the section should not receive its pla... | 0 | 2,915 | 1,074 | ### 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:
to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall... |
Raghunath Rai Bareja Vs. Punjab National Bank | 2003 SC 1405 , State of Jharkhand & Anr. vs. Govind Singh JT 2004(10) SC 349 etc.. It is for the legislature to amend the law and not the Court vide State of Jharkhand & Anr. vs. Govind Singh JT 2004(10) SC 349 . In Jinia Keotin vs. K.S. Manjhi, 2003 (1) SCC 730 , this Court observed: "The Court cannot legislate under ... | 1[ds]17. Admittedly, the Debt Recovery Tribunal, Chandigarh was established in 1993 and hence after 1993 the exclusive jurisdiction regarding recovery of debts pertaining to which the RDB Act applies is with the Tribunal.18. In our opinion, the impugned order of the High Court dated 26.5.2005, transferring the Executio... | 1 | 6,270 | 1,305 | ### 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:
2003 SC 1405 , State of Jharkhand & Anr. vs. Govind Singh JT 2004(10) SC 349 etc.. It is for the legislature... |
Jagannath Behera And Others Vs. Raja Harihar Singhmardaraj Bhramarbara Roy | produce irrespective of the yield from the land, or (iv) produce or its estimated value partly in any one of the ways described above and partly in another; but shall not include ................ 21. It is urged that the tenants who were inducted by the respondent on these lands did not fulfil the terms of this definit... | 1[ds]It may be noted at the outset that no question, has been raised in regard to the vires of the 1950 Act, which extended inter alia the 1948 Act to the areas merged in the absorbing Province of Orissa. That being so, S. 7 (h) of the 1950 Act in terms would apply to the appellants before us and they would not be liab... | 1 | 4,723 | 1,379 | ### 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:
produce irrespective of the yield from the land, or (iv) produce or its estimated value partly in any one of the ... |
Darshan and Ors Vs. State of Uttar Pradesh | for causing the death of Kanti Devi except that the High Court gave benefit of doubt to Harroo and acquitted him. 9. With the assistance of learned Counsel for the parties, we have very carefully gone through the evidence of Ramesh Chandar Singh (P.W. 1) and Babloo (P.W. 2) and other materials on record and we find tha... | 0[ds]9. With the assistance of learned Counsel for the parties, we have very carefully gone through the evidence of Ramesh Chandar Singh (P.W. 1) and Babloo (P.W. 2) and other materials on record and we find that the findings recorded by the courts below do not suffer from any infirmity so as to call for an interferenc... | 0 | 2,261 | 662 | ### 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:
for causing the death of Kanti Devi except that the High Court gave benefit of doubt to Harroo and acquitted him. ... |
Lal Mohammad Vs. Indian Railway Construction Co.Ltd.&Ors | Section 25-FF deals with the case of transfer of undertakings. The term undertaking is not defined in the Act. The relevant provisions use the term industry. Undertaking is a concept narrower than industry. An undertaking may be a part of the whole, that is, the industry. It carries a restricted meaning. (See Bangalore... | 1[ds]the first legal question as to whether Section 25-N of the Act is applicable to dispute of such nature is concerned that no more remains to be res integra as it has been conclusively held by this Court in aforesaid judgment that Section 25-N is applicable that means Chapter V-B of the Act is applicable to this dis... | 1 | 9,896 | 1,962 | ### 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:
Section 25-FF deals with the case of transfer of undertakings. The term undertaking is not defined in t... |
Y.B. Patil And Ors Vs. Y.L. Patil | KHANNA, J.1. This is an appeal by special leave against the judgment of the Mysore High Court whereby the High Court dismissed petition under articles 226 and 227 filed by the appellants to challenge the order dated September 12, 1967 of the Mysore Revenue Appellate Tribunal (hereinafter referred to as the Tribunal).2.... | 0[ds]This contention, in our opinion, is not well founded. The High Court at the time of the decision of the earlier writ petition on December 13, 1964 recorded a finding and gave directions to the Tribunal not to reopen the questions of fact in revision. The Tribunal while passing the order dated September 12, 1967 co... | 0 | 844 | 225 | ### 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:
KHANNA, J.1. This is an appeal by special leave against the judgment of the Mysore High Court whe... |
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