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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Bhaichand Ratanshi Vs. Laxmishanker Tribhoyan | a further fetter on the power of the courts to pass a decree for eviction once it held in favour of the plaintiff on the issue of reasonable and bona fide requirement under s. 13(1) (g) of the Act. The words "No decree for eviction shall be passed" make it incumbent on the court not to pass a decree on the ground speci... | 1[ds]It is plain upon the language of s. 13(2) of the Act that it creates a further fetter on the power of the courts to pass a decree for eviction once it held in favour of the plaintiff on the issue of reasonable and bona fide requirement under s. 13(1) (g) of the Act. The words "No decree for eviction shall be passe... | 1 | 2,024 | 951 | ### Instruction:
First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document.
### Input:
a further fetter on the power of the courts to pass a decree for eviction once it held in favour of the plaintiff on the is... |
Vanguard Rolling Shuttersand Steel Works Ltd Vs. Commissioner Of Sales Tax, U.P | fixing the shutters at the site was not an integral part of the contract but was only incidental to the supply of materials and, therefore, the contract was not a work contract. We are, however, unable to agree with this contention, because as discussed above, the materials were sent with various component parts which ... | 1[ds]It is, therefore, clear that in the facts and circumstances of the present case, the transaction is a composite consolidated contract which is one and indivisible comprising labour and services executed for a lump sum. It is also clear that the materials are not merely supplied to the owner so as to pass as chatte... | 1 | 3,092 | 926 | ### 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:
fixing the shutters at the site was not an integral part of the contract but was only incidental to the sup... |
Girdhar Gopal Gupta Vs. Aar Gee Board Mills Pvt.Ltd. | the respondents intimating about the issuance of shares. Since there was no satisfactory reply, petition under sections 397 and 398 of the Act was filed. 11. So far as the receipt of share application money is concerned the Balance Sheet only shows that it was under the head of `share application money and there was no... | 0[ds]14. There is no dispute that the Balance Sheet as on 31.3.1994 was duly signed by appellant No.1 and share application money amounting to Rs.3,94,320/- was reflected as share application money in the Balance Sheet with mutual understanding that the same was to be treated as share capital in next financial year end... | 0 | 3,206 | 533 | ### Instruction:
Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding.
### Input:
the respondents intimating about the issuance of shares. Since there was no satisfactory reply, petition under se... |
Agarwal Tracom Pvt. Ltd Vs. Punjab National Bank & Others | that Rule 9(5) confers express power on the secured creditor to forfeit the deposit made by the auction purchaser in case the auction purchaser commits any default in paying installment of sale money to the secured creditor. Such action taken by the secured creditor is, in our opinion, a part of the measures specified ... | 1[ds]17. Having heard the learned counsel for the parties and on perusal of the record of the case, we find no merit in the appeal. In other words, the view taken by the High Court appears to be just and reasonable and hence does not call for any interference.So far as this case is concerned,(5) of Rule 9 is relevant. ... | 1 | 4,691 | 869 | ### 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:
that Rule 9(5) confers express power on the secured creditor to forfeit the deposit made by the auction... |
Pradip Kumar s/o Noni Gopal Roy Vs. Western Coalfields Ltd | major penalty has been served till its finalisation. If on conclusion of the Disciplinary Proceeding, service is terminated through deemed dismissal/ deemed removal/deemed compulsory retirement, encashment of leave can be forfeited in terms of note. However, if service is not terminated on conclusion of disciplinary pr... | 0[ds]Rule No.12.3 speaks about the extent of encashment of earned leave. Rule No.12.4 states about encashment of earned leave on termination of service/retirement. Rule 12.4.1 says that leave at credit shall not be granted for encashment if an executive resigns from the service. However an executive who has resigned fr... | 0 | 3,560 | 954 | ### 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:
major penalty has been served till its finalisation. If on conclusion of the Disciplinary Proceeding, service... |
Mahabir Jute Mills Ltd. Gorakhpur A Vs. Shibban Lal Saxena And Ors | (5) of the notification referred to above, nor S.3 of the U.P. Industrial Disputes Act contained any provisions which required that the members of the Conciliation Board were to show their reports to another. All that was required was that they should send their reports to the Government through the Labour Commissioner... | 1[ds]High Court observed thus :"The function of the Government is administrative. In law administrative decisions are not generally required to be accompanied by a statement of reasons.There is nothing in the Industrial Disputes Act or the notification aforesaid requiring the State Government to state its reasons in su... | 1 | 5,087 | 1,549 | ### 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:
(5) of the notification referred to above, nor S.3 of the U.P. Industrial Disputes Act contained any provisio... |
Collector Of Customs. Calcutta Vs. M. Shashikant And Co | exporters who were granted additional Licences under the Import Policy 1978-79 and had opened and established irrevocable letters of Credit before October 18, 1985 should be permitted, notwithstanding the construction we have placed on the order dated April 18, 1985 of this Court, t o clear the goods imported, or to be... | 1[ds]There is no ambiguity in the order which makes it clear that the additional licence holders would not be entitled to import the items which are specifically banned under the import policy 1985-88. No other interpretation is possible. Some of the Departmental officers were not justified in taking the view that the ... | 1 | 2,556 | 452 | ### 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:
exporters who were granted additional Licences under the Import Policy 1978-79 and had opened and establish... |
Income Tax Appellate Tribunal, Hyderabad Special Bench, Hyderabad Vs. Dy. Commissioner of Income Tax III, Hyderabad, A.P. and Ors | constitute a Special Bench of course on appropriate and germane grounds. It is, however, true that the President in exercise of its administrative powers under Section 255(3) cannot just constitute a Special Bench without any rhyme or reason. Such an administrative exercise can be demonstrated to be unreasonable, capri... | 1[ds]12. So far as this point is concerned the High Court in the impugned judgment at page 31 has noted that it was true that the matter was adjourned at the instance of the Departmental Representative from time to time on 11 occasions from 28.10.1992 upto 4.1.1993. However, on 4.1.1993 when the matter was posted for h... | 1 | 7,032 | 1,380 | ### 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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constitute a Special Bench of course on appropriate and germane grounds. It is, however, true that the Pres... |
State Of U.P Vs. M/S Combined Chemicals Company Pvt.Ltd | reasonable opportunity of hearing. 22.However, we find merit in the submission of learned Senior Counsel appearing for the appellants that the award of the Arbitrator was vitiated by an error apparent and reasons assigned by the trial Court and the High Court for refusing to annul the same are legally unsustainable. A ... | 1[ds]we find that the bid given by the respondent was unequivocally accepted by the competent authority and the letter of acceptance was issued for and on behalf of the Governor by treating it to be a contract. Thus, there was substantial compliance of Article 299 of the Constitution. The execution of formal agreement ... | 1 | 7,569 | 983 | ### 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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reasonable opportunity of hearing. 22.However, we find merit in the submission of learned Senior Counsel appearing for the a... |
NEW OKHLA INDUSTRIAL DEVELOPMENT AUTHORITY Vs. COMMISSIONER INCOME TAX APPEALS(41) | direction of the High Court regarding deduction of tax at source on the payment of lease rent as per Section 194-I of the Income Tax Act, 1961, the authority has relied on Circular dated 30.01.1995. Section 194¬I of the Income Tax Act provides as follows:¬ ?Section 194¬I : Rent 2[Any person, not being an individual or ... | 0[ds]11. Insofar as the appeals filed by Noida/Greater Noida are concerned, the principal submission raised by the appellant is applicability of Section 10(20) of the Income Tax Act. Learned counsel for the Noida has submitted that the said issue has already been addressed in detail in Civil Appeal No. 792-793 of 2014.... | 0 | 3,222 | 785 | ### 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:
direction of the High Court regarding deduction of tax at source on the payment of lease rent as per Section 194-I of the ... |
State Of Mysore Vs. H. Papanna Gowda & Anr. Etc | purpose, sub-section (5) provided."Every person employed in any of the colleges specified in sub-section (1) or in any of the institutions referred to in sub-section (4) immediately before the appointed day or the date specified in the order under sub-section (4), as the case may be, shall, as from the appointed day or... | 0[ds]7. It is not necessary to deal with the second point as the appellant, in our opinion, must fail on the first. There can be no dispute - as indeed the learned Solicitor-General was constrained to admit - that the respondent and others who had filed writ petitions in the High Court challenging the notification ceas... | 0 | 1,624 | 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:
purpose, sub-section (5) provided."Every person employed in any of the colleges specified in sub-sect... |
Meera Mydeen Etc.Etc Vs. State Of T.Nadu | Court had gone wrong in law while arriving at the conclusion on this aspect. 26. Similarly, the Courts below have given convincing reasons, after analyzing the evidence of certain witnesses that the presence of the appellants at the scene of occurrence stood established. Here again, the only attempt was to discredit th... | 0[ds]20. It becomes clear from the reading of the impugned judgment of the High Court that the conviction is primarily based on the testimony of6 andand in the process support from the depositions given by32 andwho were the investigating officers. Conscious of this position, first attempt on the part of Mr. Karpagavina... | 0 | 8,632 | 1,424 | ### 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:
Court had gone wrong in law while arriving at the conclusion on this aspect. 26. Similarly, the Courts below have given conv... |
State Of Tamil Nadu Vs. V.S. Balakrishnan | options to be absorbed as permanent employees of the Federation. He has further argued that the options given by the employees in the year 1975 were linked with GO No. 378 and as such, the terminal benefits offered in the said government order have to be given to the respondents. Mr. Kapil Sibal, learned Senior Counsel... | 1[ds]11. We agree with Mr. Chidambram that a government servant cannot be deprived of his status as a "civil servant" without his consent. This proposition of law is unexceptionable. But at the same time the facts and circumstances of this case leave no manner of doubt that the only course left for theis to accept the ... | 1 | 2,750 | 635 | ### 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:
options to be absorbed as permanent employees of the Federation. He has further argued that the o... |
Bhagwan and Another Vs. State of Madhya Pradesh | GUPTA, J. The two appellants before us were convicted by the trial Court of offences under Section 307 read with Section 34, IPC and Section 333 read with Section 34, IPC and each of them was sentenced to six years and four years rigorous imprisonment respectively under the aforesaid two charges. On appeal the High Cou... | 1[ds]3. Apart from Latif, PW 9 Maharaja Singh was the only witness of the assault on himself. He was also examined on November 25, 1972 but in his case the explanation is that he could not be examined earlier because of his state of health. In his statement to the police PW 9 did not mention what he stated before the c... | 1 | 991 | 200 | ### 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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GUPTA, J. The two appellants before us were convicted by the trial Court of offences under Section 307 read... |
Atma Singh & Ors Vs. State Of Punjab & Ors | stay order passed by the learned single Judge staying the operation of the notification issued under sub-section (3) of S. 5 was to put the said notification in abeyance, with the result that the local areas to which it related were not brought within the municipal limits. It is also an undisputed fact that the stay or... | 0[ds]The whole purpose of delimitation of municipalities into wards is to ensure that every citizen should get a fair representation in the municipalities. When a municipality is re-constituted by the inclusion of any local area within the limits of a municipality under sub-section (3) of S. 5 or by the exclusion of an... | 0 | 2,871 | 934 | ### 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:
stay order passed by the learned single Judge staying the operation of the notification issued under sub-section (3) of S.... |
Dr. Rai Shivendra Bahadur Vs. Governing Body of The Nalanda College, Bihar Sharif & Others | the University were informed of this appointment as required by the University Statutes and he actually took charge of his office on July 11, 1958. At a meeting on July 27 1958 the appointment made on February 23, 1958 was confirmed. On November 9, 1959, there was a change in the constitution of the Governing Body and ... | 0[ds]5. A great deal of controversy was raised before us as to whether the Statutes framed by the University under S. 20 of the University of Bihar Act have or have not the force of law and whether a writ under Art. 226 of the Constitution can issue against the Governing Body of the College i.e. whether the appellant h... | 0 | 1,257 | 323 | ### Instruction:
Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding.
### Input:
the University were informed of this appointment as required by the University Statutes and he actually took charg... |
Messrs Badri Prasad Bhola Nath and Others Vs. Ganesh Prasad and Others | fact negatived the case of licence in these words : The plaintiff has thus failed to prove that the defendant firm is in occupation of the disputed constructions as a licencee, ... The defendant firm is in occupation of the disputed accommodation but not as a licencee of the plaintiff. This point is decided accordingly... | 1[ds]We cannot say that it must be so, but we must say that the matter deserved to be considered before final disposal of the case. A finding on title in favour of the plaintiff who had no. explanation for the possession of the first defendant especially in a case where such possession was surrounded by circumstances t... | 1 | 1,712 | 286 | ### Instruction:
Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding.
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fact negatived the case of licence in these words : The plaintiff has thus failed to prove that the defendant... |
M.N. Gangappa (Dead) By L. Rs Vs. Atmakur Nagabhushanam Setty & Company & Another | reproduced :"EXHIBIT P-20 Bellary, Date 1-11-1950. M. N. Gangappa, Merchants, Mundlur Narasemhappa Gangappa, Merchants, Bellary. As per the contracts executed by the above addressee in favour of M. R. Nandyal Atmakur Nagabhushanam Setty and Co., we have given to you business by agreeing to supply 75 (seventy five) tons... | 0[ds]8. After a careful consideration of the contentions of both sides and the findings of the courts below, we do not consider that any interference is called for with the concurrent conclusion of two courts that the suit contracts were. The question whether a particular contract was of one category or the other, name... | 0 | 2,517 | 239 | ### Instruction:
Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences.
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reproduced :"EXHIBIT P-20 Bellary, Date 1-11-1950. M. N. Gangappa, Merchants, Mundlur Narasemhappa Gangappa, Merchants, Be... |
Karamshi Jethabhai Somayya Vs. The State Of Bombay | such contracts and all assurances of property made in the exercise of that authority shall be executed on behalf of the ....... Governor by such persons and in such manner as he may direct or authorise."This section laid down two conditions for the validity of such a contract, namely (i) it should be expressed to be ma... | 0[ds]4. This appeal raises a question ofimportance as regards the scope of the executive authority exercised by the Governor underthe Government of India Act, 1935; but, we are relieved of the duty to express our opinion on that question in this appeal in view of our finding that the agreement in question was arrived a... | 0 | 6,281 | 2,503 | ### 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:
such contracts and all assurances of property made in the exercise of that authority shall be executed on behalf of the ..... |
Zycus Infotech Private Limited Vs. Commissioner of Income Tax | with reference to the last day of the previous year, when the claim for relief is made and "the last day of the year in which undertaking was set up". Learned Counsel for the appellant thus submits that, it is the block concept, which holds the key to the reference to "the year of setting up", therefore, the provision ... | 1[ds]12. Having examined the aforesaid provisions of the I.T.Act and the sweep of circular issued by the CBDT, it is necessary to take stock of the provisions of the Companies Act,1956.13. Section 86 of the Companies Act has been substituted by the Companies (Amendment) Act,2000 w.e.f. 13th December, 2000 whereby a com... | 1 | 2,202 | 570 | ### 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:
with reference to the last day of the previous year, when the claim for relief is made and "the l... |
ANIL KUMAR GUPTA Vs. STATE OF BIHAR AND OTHERS | the appeal filed by the Respondents, this Court declined to interfere with the direction given by the High Court. In the second round of acquisition, the award was passed by the Land Acquisition Officer on 31.01.1997 and the writ petition was filed within one month and 11 days thereafter. Therefore, the Division Bench ... | 1[ds]14. Since the parties have not placed on record copies of notification dated 01.01.1993 issued u/s 4(1) and order dated 06.04.1993 to which reference has been made in the order passed by the Division Bench of the High Court in CWJC No. 10621 of 1992, we do not consider it necessary to examine in detail whether the... | 1 | 2,449 | 1,263 | ### Instruction:
Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding.
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the appeal filed by the Respondents, this Court declined to interfere with the direction given by the High Co... |
Nitu Vs. Sheela Rani | the services rendered by late Shri Yash Pal was concerned. The said judgment was delivered on 25th April, 2013. 6. Being aggrieved by the aforestated judgment, Civil Appeal No.88 of 2013 was filed by Respondent No.1 i.e. the mother of late Shri Yash Pal in the Court of Additional District Judge, Rohtak. The said appeal... | 1[ds]16. So far as the respondent mother is concerned, she has not been included in the definition of the term family for the reason that as per the provisions ofe (f), parents of an unmarried officer would be a part of the family and therefore, the respondent mother would not be included in the family of late Shri Yas... | 1 | 1,535 | 431 | ### Instruction:
Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding.
### Input:
the services rendered by late Shri Yash Pal was concerned. The said judgment was delivered on 25th April, 2013. 6.... |
Handigas Dealers, Distributors & Consumers Association & Others Vs. Union of India & Others | dealers and distributors. Petitioners 2, 3, 4 and 5 are individual consumers. Petitioners 6 and 7 are distributors. Petitioner 8 is an association of the distributors in South India.4. The primary relief sought for in the writ petition was to have an enquiry conducted through CBI so as to expose the corruption at high ... | 1[ds]14. We are of the opinion that the principal relief asked for in the petition seeking directions for investigation by CBI is not an appropriate relief to be granted in the facts and circumstances of the present case for it may be difficult to record a clear finding as to criminal activity designedly having been en... | 1 | 1,424 | 141 | ### 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:
dealers and distributors. Petitioners 2, 3, 4 and 5 are individual consumers. Petitioners 6 and 7 are distributors. Petition... |
Steel Authority of India, Succesor of Bokaro Steel Limited Vs. Labour Court and Another | could not be dismissed at this stage and that the company should be given an opportunity to adduce evidence in support of the action it had taken against the respondent.3. From the order of the Labour Court two writ petitions were filed in the Patna High Court, one by the respondent praying for quashing that part of th... | 0[ds]It appears that this body of rules which had been approved by the Board of Directors was first published in January 1965. By resolution No. 40n dated October 1, 1964 the Board of Directors approved the Discipline and Appeal Rules which contained provisions concerning acts of misconduct, nature of penalties, author... | 0 | 1,533 | 813 | ### 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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could not be dismissed at this stage and that the company should be given an opportunity to adduce evidence in support of... |
Shirdi Nagar Panchayat, Shirdi Vs. Appasaheb Narayan Chaudhari & Others | that the private respondents herein filed a writ petition before the High Court and prayed for the following reliefs: (B) to direct respondents No. 1 to 4 to initiate acquisition proceedings in respect of land Gut No. 8 to the extent of 86 Are, Gut No. 217 to the extent of 54 Are and land Gut No. 218 to the extent of 6... | 1[ds]5. Having heard Shri Sanjay Kharde, learned counsel for the appellant, Shri Neeraj Kishan Kaul, learned Senior Advocate appearing on behalf of the original writ petitioners and Shri Sachin Patil, learned counsel for the State and considering the additional affidavit filed on behalf of the appellant and as it is th... | 1 | 1,180 | 285 | ### 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:
that the private respondents herein filed a writ petition before the High Court and prayed for the following... |
Bhopal Sugar Industries Limited Vs. State of Madhya Pradesh and Others | in the area, one of the objects of which is to sell cane grown by its members to the appellants factory, that the said Society does not render any services to the appellants factory under the Act or otherwise and hence is not entitled t o recover any fee from the appellant-company. It is pointed out that respondent No.... | 0[ds]It is thus clear from the aforesaid statutory provisions that every factory is under an obligation to pay commission on all its purchases of cane at the prescribed rates and it has to pay such commission at t he rate of 2 Naya Paise per maund to the Society and 3 Naya Paise to the Council in respect of purchases m... | 0 | 3,091 | 1,268 | ### 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:
in the area, one of the objects of which is to sell cane grown by its members to the appellants factory, that the said Soc... |
J.K. Synthetics Limited Vs. Commercial Taxes Officer | machinery provisions which are construed like any other statute. The machinery provisions must, no doubt, be so construed as would effectuate the object and purpose of the statute and not defeat the same. [See Whitney vs. IRC 1926 AC 37, CIT vs. Mahaliram Ramjidas Indian United Mills Ltd. vs. CEPT and Gursahai Saigal v... | 1[ds]Therefore, on a conjoint reading of ss. 7(1), (2) and (2A), r. 25, the information to be furnished under Form ST 5 and the form of verification, it becomes clear that the dealer must deposit the full amount of tax due on the basis of information furnished, which information must be correct and complete to the best... | 1 | 8,727 | 2,933 | ### 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:
machinery provisions which are construed like any other statute. The machinery provisions must, no doubt, be ... |
SUDARSAN PUHAN Vs. JAYANTA KUMAR MOHANTY AND ANR | appellate court. Sitting as a court of first appeal, it was the duty of the High Court to deal with all the issues and the evidence led by the parties before recording its findings. The first appeal is a valuable right and the parties have a right to be heard both on questions of law and on facts and the judgment in th... | 1[ds]20. Having heard the learned Counsel for the parties and on perusal of the record of the case, we find force in the submissions of the learned Counsel for the Appellant-claimant21. The powers of the first Appellate Court while deciding the first appeal are indeed well defined by various judicial pronouncements of ... | 1 | 3,496 | 677 | ### 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:
appellate court. Sitting as a court of first appeal, it was the duty of the High Court to deal with all the ... |
Krishna Mohan Mookherjee Vs. Secretary and Treasurer, State Bank of India and Others | to pass an order of dismissal could be pointed out and reliance was placed on Regulation 50, which we have earlier noticed, stands repealed, we may refer in this connection to Regulation 55 which reads as follows :"(1) Save as provided in sub-regulation (2), and as may be directed by the Central Board, a Local Board ma... | 0[ds]11. The law with regard to the applicability of the principles of natural justice isWe may, however, point out that the appellant in his representation dated December 12, 1962 clearly knowledges and admitted that the appellant had been afford full opportunity and all the points raised by him had been compiled with... | 0 | 2,959 | 798 | ### 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:
to pass an order of dismissal could be pointed out and reliance was placed on Regulation 50, which we... |
Deepak Chandrakant Patil Vs. State of Maharashtra | either unreasonable or perverse and in any event did not call for any interference in the appeal against acquittal. So far as appellant is concerned, his conviction has been upheld by the High Court. 11. Learned counsel for the appellant urged before us that in view of the acquittal of the remaining accused there was i... | 0[ds]It is not possible to sustain this submission because the evidence as against the appellant herein is different from the evidence as against other accused. There is no direct evidence as to who assaulted the deceased. Therefore, the evidence of the alleged eye witnesses who turned hostile was of no help to the pro... | 0 | 2,945 | 354 | ### 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:
either unreasonable or perverse and in any event did not call for any interference in the appeal against acquittal. So far... |
Narendra Singh Vs. Nishant Sharma & Another | to assume that he would have become a skilled worker in the course of time. The minimum wage earned by a skilled worker can be taken as Rs. 7,000/- per month. We take the monthly salary of the appellant accordingly. Following the principle laid down in Santosh Devi v. National Insurance Company reported in 2012 (6) SCC... | 1[ds]13. Under conventional heads, following the decision of Kumaresh (supra), we award Rs. 50,000/for pain and suffering since the appellant cannot walk, sit, squat or run freely and he is not able to live a normal life. We also award Rs. 1,00,000/l expenses for wholelife since he has to survive with artificial limb w... | 1 | 2,730 | 320 | ### 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:
to assume that he would have become a skilled worker in the course of time. The minimum wage earned by a skilled ... |
Messrs Pharmed Private Limited Vs. Workmen | the appellant company have diminished in consequence. There was no material placed before the Tribunal that the agreement has been terminated. On the other hand, the appellants, in C. M. P. 4620 of 1969 referred to earlier, requested this Court to receive as additional evidence, a copy of letter dated October 9, 1969 s... | 1[ds]13. Before we proceed to deal with the contentions of Mr. Gokhale, it is necessary to state that the claim for revision of dearness allowance has been properly entertained by the Tribunal. The agreement of April 6, 1966 itself states that the cost of living index has gone above 600 and therefore the matter of dear... | 1 | 5,318 | 1,660 | ### Instruction:
Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding.
### Input:
the appellant company have diminished in consequence. There was no material placed before the Tribuna... |
Aneeta Hada & Another Vs. M/s Godfather Travels & Tours Pvt.Ltd | responsible to, the company for the conduct of its business shall be proceeded against and punished for the said crime." 36. I may notice that in some of the decisions of this Court a liberal interpretation of notice had been advocated to suggest that a notice served upon a managing director of the company or a directo... | 1[ds]10. In the present case it is yet to be decided as to whether the liability was that of the company or the appellant herself. It could be personal liability of the appellant herself for discharging her debt for which she might have misused theof the company. Even under such circumstances the offence against her co... | 1 | 10,053 | 1,272 | ### 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:
responsible to, the company for the conduct of its business shall be proceeded against and punished for the ... |
Joint Secretary To The Government Of India & Ors Vs. Khillu Ram And Anr | the shop as allottees respectively of 2/3 and 1/3 shares therein. Aggrieved by the order of the Managing officer, the first respondent Khillu Ram preferred an appeal to the Settlement officer, Jullundur, who by his order dated February 12, 1962 set aside the order of the Managing officer and remanded the case for a fre... | 0[ds]We are unable to accept this submission. The Act provides for the payment of compensation and rehabilitation grants to displaced persons and matters connected therewith. Under the Act a displaced person has a right to get compensation in the form and manner prescribed by the Act and the Rules framed there under. R... | 0 | 1,285 | 476 | ### Instruction:
Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction.
### Input:
the shop as allottees respectively of 2/3 and 1/3 shares therein. Aggrieved by the order of the Managin... |
The Commissioner Of Income-Tax, Madras Vs. Sri Meenakshi Mills Ltd. & Ors | the money should be brought to British India after it was taken by the borrower outside the taxable territory. The appellate Tribunal has pointed out that the assessee-companies had a preponderant, if not the whole, voice in the creation, running and management of the Bank and that Pudukottai was neither a cotton produ... | 1[ds]5. On behalf of the appellant Mr. Sen submitted at the outset that the High Court was not legally justified in interfering with the findings of fact reached by the appellate Tribunal and in concluding that there was no arrangement or scheme between the lender and the borrower for the transference of funds from Pud... | 1 | 3,072 | 955 | ### Instruction:
Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document.
### Input:
the money should be brought to British India after it was taken by the borrower outside the taxab... |
Standard Drum & Barrel Manufacturers Company, Bombay Vs. Regional Director, Employees State Insurance Corporation., Bombay | as it may think fit to impose. Therefore, it cannot be said that the orders passed as to the damages are beyond the scope of the section. Further it cannot be forgotten that the E.S.I. scheme is a piece of social security scheme. Social security is one of the fundamental needs of the day. It is a security which a Welfa... | 0[ds]If all those three orders are read together it is quite clear that the Regional Director of the E.S.I. considered the explanation offered by thein its proper context. In case of two notices he reduced the claim for damages. So far as the last show cause notice is concerned, in view of the considerable delay in pay... | 0 | 3,140 | 370 | ### Instruction:
Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation.
### Input:
as it may think fit to impose. Therefore, it cannot be said that the orders passed as to the damages are bey... |
K. Narendra Vs. Riviera Apartments (P) Ltd | at the time of entering into the agreement. We are not in the least holding that the consideration agreed upon between the parties was inadequate on the date of the agreement. We are only noticing the subsequent event. Possession over a meagre part of the property was delivered by the appellant to the respondents, not ... | 1[ds]34. In our opinion, there has been a default on the part of the respondents in performing their obligations under the contract. The period lost between 25.7.1972 (the date of the agreement) and the years 1979 and 1980 when the litigation commenced, cannot be termed a reasonable period for which the appellant could... | 1 | 7,372 | 1,315 | ### 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:
at the time of entering into the agreement. We are not in the least holding that the consideration agre... |
Dalip Singh Vs. The State Of Punjab | of the learned counsel that Rule 278 was not applicable to the case of the appellant on August 18, 1950, is therefore totally without foundation.8. This brings us to the main contention in the case viz., that the compulsory retirement of the appellant under Rule 278 of the Patiala State Regulations was a removal from s... | 0[ds]7. This makes it clear that up to the publication in 1952 of Volume III of the Pepsu Service Regulations the pension rules appearing in the 1931 edition of the Patiala State Regulations continued to be applicable to Pepsu. On August 18, 1950, therefore it is reasonable to hold that Rule 278 in its entirety remaine... | 0 | 2,485 | 439 | ### 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:
of the learned counsel that Rule 278 was not applicable to the case of the appellant on August 18, 1950, is therefore total... |
M/s. Indian Farmers Fertilizer Co-Operative Limited Vs. M/s. Bhadra Products | with which they have no right to deal, imposing an unwarranted condition or addressing themselves to a wrong question. The majority opinion in the case leaves a Court or Tribunal with virtually no margin of legal error. Whether there is excess of jurisdiction or merely error within jurisdiction can be determined only b... | 1[ds]8. As can be seen from Section 2(c) and Section 31(6), except for stating that an arbitral award includes an interim award, the Act is silent and does not define what an interim award is. We are, therefore, left with Section 31(6) which delineates the scope of interim arbitral awards and states that the arbitral t... | 1 | 8,580 | 620 | ### 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:
with which they have no right to deal, imposing an unwarranted condition or addressing themselves to a ... |
Kanshi Ram Jagan Nath And Others Vs. The State | to be effective, after the enactment of the Indian Finance Act 1950. The suit was filed on May 13, 1952, for injunction against notices of demand issued to the appellants from the Tehsil Office, Faridkot on or about April 20, 1951. The learned Solicitor-General concedes that the appellants claim must be confined to the... | 1[ds]7. Section 3 (1) ofthe Central Excises and Salt Act, 1944 lays down the charge of excise duty, andshall be levied and collected in such manner as may be prescribed duties of excise on all excisable goods other than salt which are produced or manufactured in Indian . . . . . . at the rates, set forth in the First S... | 1 | 1,320 | 326 | ### 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:
to be effective, after the enactment of the Indian Finance Act 1950. The suit was filed on May 13, 1952, for injunction ag... |
M. P. V. Sundararamier & Company & Others Vs. State of Andhra Pradesh & Another | is enacted. Therefore the explanation can only be read as contemplating a State other than Andhra as the State inside which a sale shall be deemed to have taken place. This is the inevitable result produced by the opening words of the explanation understood according to their plain meaning. So the explanation, omitting... | 0[ds]It must, therefore, be taken that under the act, as it stood prior to the Constitution, the State of Madras had no power to impose a tax on sales of the kind mentioned in the Explanation to Art. 286 (1) (a). Now, the question is whether the Adaptation Order of the President (Fourth Amendment) dated July 2, 1952, h... | 0 | 27,143 | 6,057 | ### 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:
is enacted. Therefore the explanation can only be read as contemplating a State other than Andhra as the State inside whic... |
U.P. State Electricity Board Vs. Radhey Mohan Verma | 1. Leave granted. 2. The appeal is directed against the order of the High Court of Allahabad in CMWP No. 12217 of 1983. The respondent was admittedly a suspended employee of Mirzapur Electricity Supply Co. (for short Company) against whom disciplinary pro ceedings were pending. On 1-9-1975, under Section 4(1) of the In... | 1[ds]On revocation of the licence under(2), the consequences enumerated in clauses (a) to (g) of Sectionwould flow (sic follow). The owner of every undertaking shall furnish to the Board or to its authorised officer complete particulars of all liabilities andobligations.As seen, clause (g) postulates that every person ... | 1 | 1,103 | 247 | ### 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:
1. Leave granted. 2. The appeal is directed against the order of the High Court of Allahabad in C... |
Tika Ram Vs. State Of U.P. | High Court. Other contentions on merits65. Apart from these contentions, both Shri Trivedi, Learned Senior Counsel, as also Shri Qamar Ahmed, Learned Counsel again raised the same questions of facts like the non-publication of Sections 4 and 6 notifications. Insofar as that is concerned, we have mentioned it only for r... | 0[ds]21. As regards the further arguments on merits, Learned Senior Counsel and, more particularly, the Learned Senior Counsel appearing on behalf of the LDA pointed out that the challenge to the land acquisitions on merits could not survive, particularly, in view of the fact that in all the land acquisitions, possessi... | 0 | 24,218 | 7,685 | ### 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:
High Court. Other contentions on merits65. Apart from these contentions, both Shri Trivedi, Learned Senior C... |
Proj.Officer,Singareni Colleries Co. Ltd Vs. B. Komaraiah | S. Rajendra Babu, J. Leave granted. 2. In respect of certain lands acquired for the purpose of Singareni Colleries Company Limited, a Government company, the Land Acquisition Officer fixed the market value at Rs. 4,000/- per acre for dry land and Rs. 6,000/- per acre for wet land. The aggrieved claimants obtained a ref... | 1[ds]3. The basis question raised in the writ petition filed by the appellants is that the order made by the civil court enhancing the compensation and the proceedings thereto are not binding on them inasmuch as they were not parties to the proceedings in the reference court. When that question is yet to be adjudicated... | 1 | 689 | 192 | ### 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:
S. Rajendra Babu, J. Leave granted. 2. In respect of certain lands acquired for the purpose of Singareni Colleries Company ... |
Appellate Assistant Commissioner of Income Tax, A-Range, Bangalore Vs. Late B. Appaiah Naidu (By His Legal Representative) | HEGDE J. 1. These are appeals by special leave arising from the decision of the High Court of Mysore in I.T.R.C. No. 14 of 1966. Therein the High Court pronounced its opinion on the two questions of law referred to it by the Commissioner of Income-tax, Mysore, Bangalore. The two questions referred for its opinion are :... | 0[ds]Now coming to the second question as noticed earlier, the assessment was made in respect of the income of Appaiah Naidu on his legal representative, his son Sriramamurthy, in the status of an individual and not as the karta of his Hindu undivided family. The department cannot now be permitted to change its case an... | 0 | 599 | 75 | ### 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:
HEGDE J. 1. These are appeals by special leave arising from the decision of the High Court of Mysore in I.T.R.C. ... |
Union of India & Ors Vs. Brigadier Javed Iqbal | conscious decision was taken to recommend for promotion. As noted, the guidelines provide for the Selection Board to take note of the medical classification of the officer. That apart, for an objective selection, the guideline requires the Selection Board to keep in view the employability of the officer in the next hig... | 0[ds]7. The factual aspects insofar as the No.1 Selection Board recommending on 26.10.2020 the case of respondent for promotion on obtaining 94.482 marks and at that stage, the respondent was in SHAPE-2 medical category is not in dispute. The position is also that the Chief of Defence Staff on securing details on 12.02... | 0 | 4,802 | 1,481 | ### Instruction:
Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document.
### Input:
conscious decision was taken to recommend for promotion. As noted, the guidelines provide for the Selection... |
Sahakar Global Limited & Another Vs. Barjora Alert Cooperative Labour Contract & Construction Society Limited & Others | Inviting Electronics Bids ("NIEB" for short) issued, the appellant had not submitted its registered power of attorney. Aggrieved, the appellant moved the High Court by instituting a writ proceeding. The learned single judge of the High court by order dated 28th April, 2017 took the view that though submission of a regi... | 1[ds]5. From the above, it appears to us that though in different parts of the NIEB it has been specifically recited that partnership firms/private limited companies will have to submit their registered power of attorney, as to whether the same requirement would apply to a public limited company is conspicuously absent... | 1 | 1,191 | 373 | ### 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:
Inviting Electronics Bids ("NIEB" for short) issued, the appellant had not submitted its registered power of attorney. Ag... |
Union Of India Vs. Azadi Bachao Andolan | 595]. "We infer that Stantus was created by petitioners with a view to reducing their taxes through qualification of the corporation under the convention. The test, however, is not the personal purpose of a taxpayer in creating a corporation. Rather, it is whether that purpose is intended to be accomplished through a c... | 1[ds]31. The contention of the respondents, which weighed with the High Court viz, that the impugned circular No. 789 in inconsistent with the provisions of the Act, is a total non-sequitur. As we have pointed out, Circular No. 789 is a circular within the meaning of section 90; therefore, it must have the legal conseq... | 1 | 27,801 | 2,222 | ### 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:
595]. "We infer that Stantus was created by petitioners with a view to reducing their taxes through q... |
Smt. Chand Dhawan Vs. Jawaharlal Dhawan | at liberty to grant relief of maintenance simpliciter obtainable under one Act in Act in proceedings under the other. As is evident, both the statutes are codified as such and are clear on their subjects and by liberty of interpretation interchargeability cannot be permitted so as to destroy the distinction on the subj... | 0[ds]23. The preamble to the Hindu Marriage Act suggests that it is an Act to amend and codify the law relating to marriage among Hindus. Though it speaks only of the law relating to marriage, yet the Act itself lays down rules relating to the solemnization and requirements of a valid Hindu marriage as well as Restitut... | 0 | 5,788 | 2,106 | ### 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:
at liberty to grant relief of maintenance simpliciter obtainable under one Act in Act in proceedings un... |
Ritesh Agarwal Vs. Securities & Exchange Board Of India&Ors | that the Act provides for remedial measures and, thus, it was entitled to issue any direction. It was, however, held: "106. It has to be noted that Section 11B does not even remotely empower the respondent to impose penalties." It was furthermore held : "108. The legislature has clearly spelt out the penal provisions i... | 1[ds]19. Ritesh Agarwal and Deepak Agarwal are said to be minors. As they were minors having regard to the provisions of the Indian Contract Act, they could not have been proceeded against strictly in terms of the provisions of the said Act. Apart from the actions taken by the Board, the persons who undertook those fra... | 1 | 5,541 | 419 | ### 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:
that the Act provides for remedial measures and, thus, it was entitled to issue any direction. It was, howe... |
Mahant Sri Jagannath Ramanuj Das And Another Vs. The State Of Orissa And Another | institution and there is no reason why the discretion of the trustee in regard to the spending of surplus for such purposes also should be still further restricted by directions which the Commissioner may choose to issue.Section 47 (1) lays down how the rule of cy pres is to be applied not merely when the original purp... | 1[ds]8. There is nothing wrong in the provision of S. 46 itself but legitimate exception, we think, can be taken to the proviso appended to the section. Under the law, as it stands, the Mahant or the superior of a Math has very wide powers of disposal over the surplus income and the only restriction that is recognised ... | 1 | 3,138 | 1,160 | ### 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:
institution and there is no reason why the discretion of the trustee in regard to the spending of surpl... |
Satya Nand Munjal Vs. Commr Of Gift Tax | to the revocable gift. Consequently, it was held that the assessee had surrendered his right to get back 14,000 bonus shares which were treated as a gift by the assessee to the transferee in view of the provisions of Section 4(1)(c) of the Act. The assessee was taxed accordingly.18. Feeling aggrieved by the reassessmen... | 1[ds]22. Although learned counsel for the assessee seriously doubted the correctness of the impugned judgment and order on several grounds, we find that it is not necessary for us to go into all the issues raised by him.A perusal of the impugned judgment and order facially indicates that there has been no consideration... | 1 | 2,469 | 554 | ### 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:
to the revocable gift. Consequently, it was held that the assessee had surrendered his right to get back 14,000 bonus share... |
Commnr. Of Central Excise, Chandigarh Vs. M/S. Stesalit Ltd | the respondent on upgraded reactors, they were not eligible for the benefit of exemption provided vide Notification No. 67/95-CE dated 16.03.1995. They were, therefore, required to pay duty on copper coils as an intermediate product which was meant for captive consumption.7. This led to issuance of show cause notice da... | 1[ds]13. Having heard the learned counsel for the appellant and on perusal of the record of the case, we are inclined to accept the submission of the learned counsel for the appellant.14. As rightly argued by the learned counsel for the appellant, the issue urged herein was examined by three judge Bench of this Court i... | 1 | 1,407 | 580 | ### Instruction:
Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding.
### Input:
the respondent on upgraded reactors, they were not eligible for the benefit of exemption provided vide Notificatio... |
Collector Of Customs & Ors Vs. Pednkar And Company (Private) Limited (In Liquidation) &Anr | and also time for delivery were postponed."The Division Bench, on the other hand, after extensively dealing with all the facts and circumstances of the case including the terms of the contract, came to the conclusion that -"...... no property could pass before the goods were delivered at the Bombay godowns of the B.C. ... | 0[ds]We are, therefore, unable to agree with Mr. Sanghi that he can be permitted to raise this question of a "make-believe" transaction by the respondent.It is, in our opinion, not possible to hold that the property in goods passed at the time of agreement dated February 20, 1959. The contract to sell related not to th... | 0 | 3,717 | 713 | ### 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:
and also time for delivery were postponed."The Division Bench, on the other hand, after extensively dealing with all the f... |
Avinder Singh Etc Vs. State Of Punjab & Anr. Etc | out the object and the purposes of the Acts and to use the Commissioner for Transport as its instrument to fix and recover the licence and permit fees, provided it preserved its own capacity intact and retained perfect control over him; that as it could at any time repeal the legislation and withdraw such authority and... | 0[ds]It must be remembered that as between two interpretations that which sustains the validity of the law must be preferred. A close look at the schematic provisions and administrative realities is very revealing. Is Government innocent of the total needs of municipal bodies and indifferent to the legitimate pressures... | 0 | 11,477 | 1,531 | ### 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:
out the object and the purposes of the Acts and to use the Commissioner for Transport as its instrument to f... |
M/S. Harish Chandra & Company Vs. State Of U.P. Thr. Superintending Eng | evidence. It was not permissible in law; Thirdly, the High Court should have confined its inquiry to find out as to whether any legal misconduct was committed by the arbitrator and, if so, how and in what manner. It was, however, not done; Fourthly, the High Court went into the factual question by referring to clause 2... | 1[ds]41) In our considered view, it is clear from the facts of the case that the claims made by the appellant were essentially based on facts. They were accordingly probed on oral and documentary evidence adduced by the parties, which resulted in partial success of 3 claims in appellants favour and rejection of 3 claim... | 1 | 4,886 | 213 | ### 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:
evidence. It was not permissible in law; Thirdly, the High Court should have confined its inquiry to fi... |
Saila Bala Dassi Vs. Nirmala Sundari Dassi & Another | proceedings, which would be obnoxious to some provision of the Code.It would follow from the above authorities that whoever is entitled to be but has not been brought on record under O. 22, R. 10 in a pending suit or proceeding would be entitled to prefer an appeal against the decree or order passed therein if his assi... | 1[ds]It would follow from the above authorities that whoever is entitled to be but has not been brought on record under O. 22, R. 10 in a pending suit or proceeding would be entitled to prefer an appeal against the decree or order passed therein if his assignor could have filed such an appeal, there being no prohibitio... | 1 | 2,712 | 702 | ### 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:
proceedings, which would be obnoxious to some provision of the Code.It would follow from the above auth... |
LOVELEEN KUMAR Vs. STATE OF HARYANA | a few years, that is, up to four to five years. Beyond that it may be unsafe, even if it relates to a neighbouring land. What may be a reliable standard if the gap is of only a few years, may become unsafe and unreliable standard where the gap is larger. For example, for determining the market value of a land acquired ... | 1[ds]7. Having gone through the material on record and after considering the arguments of the advocates, we are of the opinion that the Reference Court, as well as the High Court, have not considered the sale deeds produced on behalf of the State for determination of compensation. A chart of the sale deeds on record fi... | 1 | 3,090 | 1,540 | ### 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:
a few years, that is, up to four to five years. Beyond that it may be unsafe, even if it relates ... |
Bhuwan Singh Vs. M/S Oriental Insurance Co.Ltd | an effective learners licence may also drive the vehicle and such a person satisfies the requirement of the Rule 3 of the Central Motor Vehicle Rule 1988. Limitations as to useAgri. Use. 11. Concededly the appellant had been holding a learners licence. It expired on 22.12.2000. The accident took place on 5.1.2001. He a... | 0[ds]14. The Act provides for grant of a learners licence. It indisputably is a licence within the meaning of provisions thereof. A person holding a learners licence is also entitled to drive a vehicle but it is granted for a specific period. The terms and conditions for grant of a learners licence are different from t... | 0 | 2,073 | 469 | ### Instruction:
Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction.
### Input:
an effective learners licence may also drive the vehicle and such a person satisfies the requirement of the Rule 3 of the Ce... |
Union Of India Vs. Hbl Nife Power Systems Ltd | undergo thirteen tests as stipulated in Annexure P-2. Ministry of Defence/Navy authorities cannot accept the final product without being fully associated with the development of the product right from the stage of procurement of raw material to the stage of final product. As per the policy, RFP could be issued only to ... | 1[ds]As the matter was pending for over a decade, we have asked the appellant-Union of India about the subsequent development of the second source for supply of submarine batteries and for the status of the respondent. In response, on instruction Mr. S.W.A. Qadri, onbehalf of the appellant has filed elaborate written s... | 1 | 3,183 | 673 | ### 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:
undergo thirteen tests as stipulated in Annexure P-2. Ministry of Defence/Navy authorities cannot accept t... |
Siddhu Matriculation Hr. Secondary School Vs. K. Shyam Sunder and Ors | that there had been a pre-determined political decision to scrap the Act 2010. The Cabinet on 22.5.2011 had taken a decision to do away with the Act 2010 and brought the Ordinance for that purpose.(viii) There was no material before the Government on the basis of which, the decision not to implement the Act 2010 could ... | 0[ds]The Government has to rise above the nexus of vested interests and nepotism and eschewhas consistently been held by this Court that the doctrine of malafide does not involve any question of bonafide or malafide on the part of legislature as in such a case, the Court is concerned to a limited issue of competence of... | 0 | 16,014 | 4,233 | ### 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:
that there had been a pre-determined political decision to scrap the Act 2010. The Cabinet on 22.5.2011 had taken a decisi... |
Raja Kulkarni And Others Vs. The State Of Bombay | it. Nagendra Nath v. Suresh Chandra. We consider that the word appeal must be constructed in its plain and natural sense without the insertion of any qualifying words such as are intended to be introduced by the contention raised before us. There is yet another reason for not constructing the word appeal in the manner ... | 0[ds]From the mere fact that such an appeal is held to be unmaintainable on any ground whatsoever, it does not follow that there was no appeal pending before the Court. Article 182 (2) of the Indian Limitation Act prescribed three years period of limitation for the execution of a decree or order to run from the date of... | 0 | 2,364 | 762 | ### 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:
it. Nagendra Nath v. Suresh Chandra. We consider that the word appeal must be constructed in its plain ... |
Commissioner Of Income-Tax, Mysore Vs. Bangalore Transport Co. Ltd | gross sale proceeds were received by them in India and that being the position the provisions of Section 4 (1) (a) were immediately attracted and the income, profits and gains so received became chargeable to tax under Section 3 of the Act."The same principle applies to receipts in the course of business of a transport... | 1[ds]6. There is no warrant for this argument in the scheme of the Income-tax Act. Under Section 10 (1) of the Income-tax Act, 1922, tax is payable by an assessee under the head "Profits and gains of business, profession or vocation" in respect of the profit or gains of any business, profession or vocation carried on b... | 1 | 2,316 | 727 | ### 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:
gross sale proceeds were received by them in India and that being the position the provisions of Section 4 (... |
UNION OF INDIA AND OTHERS Vs. DYALU RAM | as ‘civil cooks? continuously since the date of their initial appointment. In the view of the Tribunal, the respondents could not have been treated to be privately engaged as daily wagers and Regimental Funds are not private funds raised out of individual contributions made by the Junior Commissioned Officers. Conseque... | 1[ds]8. The position of Unit run Canteens of the Indian Army is no longer res integra following the decision of the three-Judge Bench in R.R. Pillai (supra). The reference to the Bench of three-Judges was occasioned as a result of a doubt having been cast on an earlier decision of a two-Judge Bench in Union of India ve... | 1 | 1,243 | 470 | ### 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:
as ‘civil cooks? continuously since the date of their initial appointment. In the view of the Tribunal, the respondents co... |
Rana Sheo Ambar Singh Vs. Allahabad Bank Ltd., Allahabad | It is true that under S. 44 of the Act when calculating net assets, the income from sir and khudkashat land and grove land has been excluded on the ground that bhumidari rights have been conferred therein under S. 18 of the Act. That is however for the purposes of calculating what should be paid to the intermediary as ... | 1[ds]It is not in dispute that the Taluka of Khajurgaon was an estate within the meaning of the Act. It may be mentioned that the judgment-debtor had certain sir and khudkashat lands and zamindars grove in the sixty-seven villages comprised within the Talukdarilands therefore whether cultivable or barren or grove lands... | 1 | 3,975 | 1,100 | ### 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:
It is true that under S. 44 of the Act when calculating net assets, the income from sir and khudkashat land... |
Rithwik Energy Generation Pvt. Ltd Vs. Bangalore Electricity Supply Co. Ltd. & Others | to be applied being whether the Court considers the adjudication of the said issue material and essential for its decision.15. As seen from the Appellate Tribunals judgment dated 21.10.2011, not only did the appellant considered the subsequent event as directly and substantially in issue for deciding the appeal, which ... | 0[ds]12. Having heard the learned counsel appearing for the parties, we are of the view that there is no doubt whatsoever that the appellant itself invited the Appellate Tribunal to go into a subsequent event, which, according to it, was of extreme importance in deciding the appeal. This being the case, it is clear tha... | 0 | 3,620 | 1,004 | ### 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:
to be applied being whether the Court considers the adjudication of the said issue material and essential for its decision.1... |
Britannia Industries Limited Vs. Union Bank of India | in Bombay Tyre International Ltd. s case (supra ). In the present case before us also, the Assistant Collector found as a fact that secondary packing of the Petitioners biscuits in tin boxes and corrugated card-board boxes was not special packing done at the request of the wholesale buyer but was part of the normal pac... | 0[ds]It was not accepted that the cash monies in the form of these deposits available to the assessee company were allowed to lie idle and borrowings were made from other sources at higher market rate. The assessees did not adduce evidence to show that the said amounts were not at all utilised as capital. Liability to ... | 0 | 10,790 | 2,612 | ### 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:
in Bombay Tyre International Ltd. s case (supra ). In the present case before us also, the Assistant Collector found as a f... |
Raj Kumar Karwal & Another Vs. Union of India & Others | conferred on Customs Officers under the Customs Act, 1962. 21. For the offences under the Act, the investigation is entrusted to officers in whom powers of an officer-in-charge of a police station are vested by a notification issued under Section 53 of the Act by the concerned Government. Thus a special investigating a... | 0[ds]We, therefore, agree that as Section 25, Evidence Act, engrafts a wholesome protection it must not be construed in a narrow and technical sense but must be understood in a broad and popular sense. But at the same time it cannot be construed in so wide a sense as to include persons on whom only some of the powers e... | 0 | 8,337 | 831 | ### 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:
conferred on Customs Officers under the Customs Act, 1962. 21. For the offences under the Act, the investiga... |
Telecom District Manager, Goa and Others Vs. V.S. Dempo and Company and Others | 1. Appeals are taken on board. 2. These appeals by special leave arise from the judgment of the Bombay High Court, Panaji Bench made on 31-3-1995 in CWP No. 398 of 1994 and batch. The facts relate to the dispute raised by the respondents for two bills, one for a sum of Rs 99, 196 and the other for Rs 71, 280. The appel... | 0[ds]3. A reading thereof would indicate that if any dispute concerning any telegraph line, appliance or apparatus arises between the telegraph authority and the person for whose benefit the line, appliance or apparatus is, or has been provided, the dispute shall be determined by an arbitrator. Such determination shall... | 0 | 669 | 408 | ### Instruction:
Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding.
### Input:
1. Appeals are taken on board. 2. These appeals by special leave arise from the judgment of the Bombay High C... |
The State of Mysore & Another Vs. R.N. Rajanna & Another | Grover, J. 1. This is an appeal by special leave from a judgment of the Mysore High Court allowing a petition filed under Article 226 of the Constitution by Respondent No. 1 and granting him certain reliefs. 2. The facts may be briefly stated. Respondent No. 1 joined as a Veterinary Inspector in December 1953. In Septe... | 1[ds]4. On behalf of the State, which is the Appellant before us, it had been pointed out that Respondents Nos. 1 and 2 did not belong to one cadre and that the appointments which had been made from time to time were purely on ad hoc and temporary basis. It was further argued that the real claim of Respondent No. 1 was... | 1 | 1,082 | 559 | ### 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:
Grover, J. 1. This is an appeal by special leave from a judgment of the Mysore High Court allowing a petition filed under... |
Karnataka Pawnbrokers' Association and Others Vs. State of Karnataka and Others | behalf of the appellants that if at all in the transactions in question, the auctioneer must be held liable for payment of tax34. Now coming to the contention that inasmuch as the pawnbroker is given liberty to bid and purchase at the sale of unredeemed goods, he cannot be deemed as a "seller" as he cannot sell the goo... | 1[ds]25. The learned Judges of the Division Bench of the Karnataka High Court as well as the learned Judges of the Division Bench of the Madras High Court have written elaborately on the subject citing numerous authorities of this Court and of the High Courts to support their conclusions. We are, with respect, in agree... | 1 | 7,138 | 1,665 | ### 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:
behalf of the appellants that if at all in the transactions in question, the auctioneer must be held liable ... |
State of Odisha & Ors Vs. Ganesh Chandra Sahoo | medical certificate (dated 21.9.1998), issued by Dr. G.C. Kar, who was the then Professor & HoD of Psychiatric Department, SCB, Medical College and Hospital, Cuttack. But interestingly, the certifying Doctor does not categorically mention that the respondent was under his treatment since 1991. Most unusually, the certi... | 1[ds]14. In order to decide on the applicability of the ratio in Rajinder Kumar (supra), we must advert to the facts in this case. Here the respondent after availing leave for nine days (from 25.5.1991 to 4.6.1991), did not report back to his Battalion until 1998. But long before that, the respondent having not present... | 1 | 3,128 | 1,076 | ### 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:
medical certificate (dated 21.9.1998), issued by Dr. G.C. Kar, who was the then Professor & HoD of Psychiat... |
Allarakhabhai Yakubbhai and Others Vs. The State of Maharashtra and Others | has been arrived at between the parties by way of executing a deed of undertaking on 14th July, 2015, whereby it has been agreed by the applicants that they will stop using the name "Sagar" for their product of salt, being supplied to the purchasers and the informant has been paid a compensation of Rs. 1 Lac by the app... | 0[ds]7. We have given careful consideration to the submissions of learned counsel appearing for the applicants, learned A.P.P. appearing for the respondent/State and learned counsel appearing for respondent no.3 at length. With their able assistance, we have perused the grounds taken in the application, reply filed by ... | 0 | 1,410 | 444 | ### Instruction:
First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document.
### Input:
has been arrived at between the parties by way of executing a deed of undertaking on 14th July, 2015, whereby it has been a... |
H.K.K. BAIL AND ANOTHER Vs. CYMA EXPORTS PVT. LTD. AND ANOTHER | 1. Heard learned Counsel for the parties. 2. This Appeal has been filed against the impugned judgment and order dated 07th April, 2005 passed by the High Court of Karnataka at Bangalore in C.R.P. No. 1470 of 2002. 3. The facts giving rise to this appeal are that the Appellants filed a complaint petition before the Karn... | 1[ds]9. Having heard learned Counsel for the parties and having carefully perused the record, we are of the opinion that once the order of the State Commission dated 16th December, 1993 has attained finality, the same has to be executed and hyper-technicality should not come in the way of executing the said order. It i... | 1 | 943 | 183 | ### Instruction:
Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding.
### Input:
1. Heard learned Counsel for the parties. 2. This Appeal has been filed against the impugned judgment and order dated 07th... |
Consolidated Coffee Limited and Another Etc Vs. Coffee Board, Bangalore Etc | of price, weighment and setting apart of the coffee for delivery to the buyer, it will be difficult to accept the petitioners contention that passing of the property in such Coffee is further postponed till actual shipment by reason of Cl. 31 of the Auction Conditions, for, if the title has already passed it cannot pas... | 1[ds]The aforesaid provision was examined by this Court in two leading cases, namely, Coffee Board Bangalore v. Joint Commercial Tax Officer, Madras &Anr. and Mohd. Serajuddin etc. v. State of Orissa and a certain interpretation had been accorded by this Court to the expression "in the course of export" and according t... | 1 | 20,734 | 7,952 | ### Instruction:
Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding.
### Input:
of price, weighment and setting apart of the coffee for delivery to the buyer, it will be difficult to accept the ... |
Commissioner of Income Tax Vs. Park Hotel Private Limited | by the Tribunal. For the assessment years in question, i.e., 1975-76 to 1979- 80, the ITO sought to include the rental income received by M/s Surrendra Overseas in the assessment of the assessee. The assessee objected to the same contending that inasmuch as it has transferred a portion of its leasehold interest in favo... | 1[ds]5. We must pause here and mention a fact to clear the ground. While setting out the facts in its judgment, the High Court has stated a new fact which we are not able to find either in the order of the Tribunal or in the order of the CIT(A). The High Court has observed that "ad building had been constructed in the ... | 1 | 1,506 | 602 | ### 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 the Tribunal. For the assessment years in question, i.e., 1975-76 to 1979- 80, the ITO sought to inc... |
Firm Seth Radha Kishan (Deceased)Represented By Hari Kisha Vs. The Administrator, Municipalcommittee, Ludhiana | the decision of the Commissioner final can only mean this that that decision is final only so far as the proceedings under the Act are concerned. But when an order is made which is outside that Act, then the provisions of S. 225 can have no application to such an order which itself is outside the Act...................... | 0[ds]The liability to pay terminal tax is created by the Act and remedy is given to a party aggrieved in the enforcement of that liability. As has been already indicated, against the order of the municipal committee levying terminal tax an appeal lies to the Deputy Commis- sioner and a reference to the High Court. Appl... | 0 | 3,780 | 563 | ### 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 decision of the Commissioner final can only mean this that that decision is final only so far as the p... |
State Of Orissa And Ors Vs. Arakhita Bisoi | that the order of the Revenue Officer shall be final subject to the result of an appeal under section 44(2) while no such finality is mentioned in the case of an appeal under section 58. But this cannot conclude the matter for the powers of revision conferred under section 59 are very wide and empowers the Collector or... | 0[ds]There is no doubt that section 44(1) provides that the order of the Revenue Officer shall be final subject to the result of an appeal under section 44(2) while no such finality is mentioned in the case of an appeal under section 58. But this cannot conclude the matter for the powers of revision conferred under sec... | 0 | 2,264 | 979 | ### Instruction:
Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation.
### Input:
that the order of the Revenue Officer shall be final subject to the result of an appeal under section 44(2) ... |
Munshi Singh & Others Etc. Etc Vs. Union Of India Etc. Etc | sought to be produced were either relevant or were required to enable this Court to pronounce judgment. 9. Learned counsel for the State next contended that the proposed acquisition was in pursuance of the activity under the Regulation Act. Moreover planned development is one of the public purposes as defined in S. 3 (... | 1[ds]In Babu Barkya Thakur v. The State of Bombay, (1961) 1 SCR 128 = (AIR 1960 SC 1203 ) it was stated in the notification under S. 4 (1) that the land was likely to be needed for purposes of a company which was named. A challenge was made against the validity of that notification on the ground that it was not stated... | 1 | 4,253 | 663 | ### 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:
sought to be produced were either relevant or were required to enable this Court to pronounce judgment. 9. L... |
VIKRAM JOHAR Vs. THE STATE OF UTTAR PRADESH | or to commit any other offence. The intentional insult must be of such a degree that should provoke a person to break the public peace or to commit any other offence. The person who intentionally insults intending or knowing it to be likely that it will give provocation to any other person and such provocation will cau... | 1[ds]10. From the facts noticed above, it is clear that appellant?s role was only of a surveyor appointed by insurance company to survey and submit report on the fire insurance claim alleged by the complainant with regard to incident dated 18.12.2010, which took place in his factory premises at Kosikala, District Mathu... | 1 | 5,569 | 704 | ### 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:
or to commit any other offence. The intentional insult must be of such a degree that should provoke a person to break the ... |
Gandhi Sardar Vs. Union of India & Others | Bhagwati, J.1. The petitioner challenges an order of detention made by the District Magistrate, 24-Parganas under sub-section (1) read with sub-section (2) of S.3 of the Maintenance of Internal Security Act,1971. The order of detention was made on 29th December, 1973 on the ground that it was necessary to detain the pe... | 0[ds]This contention is, however, without force. It stands concluded by a recent decision of this Court in Gora v. State of West Bengal, W. P. No. 379 of 1974, D/= (reported in AIR 1975 SC 473 ).It appears from the facts of that case that the same incident which was relied upon in the present case for the purpose of ma... | 0 | 512 | 185 | ### 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:
Bhagwati, J.1. The petitioner challenges an order of detention made by the District Magistrate, 24-Parganas under sub-sect... |
Kalva Suryanarayana Vs. Income Tax Officer, A-3 Ward, Hyderabad | may be applied to any such assessment" 4. In support of this appeal, the argument was addressed that the appellant who was an individual assessee under Section 23 (5) could not be held liable for payment of the tax due from the ex partners of the partnership and there was no joint and several liability imposed under th... | 1[ds]4. In support of this appeal, the argument was addressed that the appellant who was an individual assessee under Section 23 (5) could not be held liable for payment of the tax due from the ex partners of the partnership and there was no joint and several liability imposed under the provisions of the Act in such a ... | 1 | 1,777 | 490 | ### 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:
may be applied to any such assessment" 4. In support of this appeal, the argument was addressed that the a... |
Netherlands Steam Navigation Company Ltd Vs. The Commissioner Of Income-Tax, West Bengal | method, it was common ground, was properly applicable to the determination of taxable income of the assessee. That method requires as a first step, determination of the total profits of the business of the assessee in accordance with the provisions of the Indian Income-tax Act, the next step is to determine the proport... | 0[ds]The assessee is a non-resident Company. It maintains a Branch Office in Calcutta; but on that account the Indian business of the assessee cannot be regarded as business distinct from its world business. It was not so treated by the Income-tax Officer, or by the Appellate Assistant Commissioner. In computing profit... | 0 | 3,094 | 1,018 | ### 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:
method, it was common ground, was properly applicable to the determination of taxable income of the assessee. Tha... |
Commssioner Of Income-Tax, Bombay,South Poona Vs. Murlidhar Jhawar & Purna Ginning Andpressing Factory, Dhar | On the terms of the Section the tax can be levied on either of the said two entities according to the provisions of the Act."The same principle would apply to the case of assessment of partners individually of an unregistered firm. The partners may be assessed individually or they may be assessed collectively in the st... | 0[ds]But on the materials before the Court we are unable to accept the plea that the Income-tax Officer was not in possession of information relying on which, if he desired, he could have assessed the three parties collectively as an unregistered firm. There is no warrant for the assumption which counsel for the Depart... | 0 | 1,618 | 590 | ### 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 the terms of the Section the tax can be levied on either of the said two entities according to the provis... |
M/S.Hyderabad Asbestos Cement Vs. Union Of India | may from time to time be prescribed by the Central Government, permit a manufacture of any excisable goods specified under sub-rule (1) to receive, material or component parts or finished product (like asbestos cement), on which the duty of exercise or the additional duty under Section 2A of the Indian Tariff Act, 1934... | 0[ds]6. The controversy centres around the interpretation and scope of proviso (ii) (b) of Rule 56A. The appellants plea is that once the Central Government has notified the excisable goods under sub-rule (1) the benefit of proforma credit shall be available to the appellants without regard to the fact whether or not t... | 0 | 1,733 | 422 | ### 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:
may from time to time be prescribed by the Central Government, permit a manufacture of any excisa... |
International Airports Authority of India Now Known As Airports Authority of India Vs. Hotel Leela Venture Limited | the respondent had contributed land of 3219.50 sq.mtrs. for construction of the hotel. 27. However, there is serious dispute about further contribution by the respondent. It is the case of the respondent that it had taken 4305.50 sq.mtrs. land on lease from the promoter company and it was used for the purpose of F.S.I.... | 1[ds]17. It is contended on behalf of the respondents that this was only offer to pay 4% of the gross turnover on condition of conversion of licence to lease in respect of the remaining land. The learned Arbitrator accepted this contention and held that as the petitioner had not accepted the proposal of conversion, the... | 1 | 8,961 | 560 | ### 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 had contributed land of 3219.50 sq.mtrs. for construction of the hotel. 27. However, there is ... |
State of Punjab Vs. Messrs Dial Chand Gian Chand and Company | The number of liquor and intoxicating drug shops which may be licensed in any local area, shall be subject to the orders of the State Government.4. Shops may be licensed for the sale of liquor and intoxicating drugs in only such villages and in such wards or quarters of towns as the Financial Commissioner shall, subjec... | 1[ds]Interpreting paragraph 3, the High Court held that as paragraph 3 is couched in negative language, it appears to be mandatory and therefore, no new country liquor vend can be opened without the sanction of the State Government. The High Court then proceeded to observe that no document was placed on record to show ... | 1 | 2,557 | 923 | ### Instruction:
First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document.
### Input:
The number of liquor and intoxicating drug shops which may be licensed in any local area, shall be subject to the orders of... |
Healthways Dairy Products Co Vs. Union Of India | several authorities of this Court that for the purpose of levy of excise duty or any other similar tax the description of goods as popularly and commonly understood has to be taken as the description of the same goods in the relevant provisions of the statute or the Rules. In this case there are materials to show that ... | 1[ds]t is well-established by several authorities of this Court that for the purpose of levy of excise duty or any other similar tax the description of goods as popularly and commonly understood has to be taken as the description of the same goods in the relevant provisions of the statute or the Rules. In this case the... | 1 | 1,601 | 369 | ### 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:
several authorities of this Court that for the purpose of levy of excise duty or any other similar tax the description of ... |
Oswal Woollen Mills Ltd Vs. Punjab State Electricity Board | it to persons other than the licensees. While exercising the said power the Board would be governed by the general terms which may be issued by the State in terms of Section 79 of the Act. Surcharge by way of additional rate or penalty can be levied only in terms of a tariff notification. Such a power, therefore, can b... | 1[ds]The High Court, therefore, in our opinion was clearly wrong in arriving at the finding that the earlier notifications dated 21.01.1991 and 03.05.1991 were not superseded. The High Court failed to pose unto itself the correct question, namely, as to whether after issuance of the tariff notification, the Board could... | 1 | 3,041 | 439 | ### 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:
it to persons other than the licensees. While exercising the said power the Board would be governed by the g... |
Prem Kaliaandas Daryanani & Others Vs. Natvarlal C. Modi & Others | the Plaintiff and the defendants. The Plaintiff who filed the suit against the defendant was entitled to seek relief and proceed against all persons claiming under the defendants as may be likely to be legally affected by the decree that may be passed in favour of the Plaintiff in the pending suit. It is duty of the le... | 1[ds]7. The answer in our opinion is in the affirmative for following reasons:Regarding addition of Party the ruling by Honble Supreme Court in Civil Appeal No. 1518 of 201, arising out of Special Leave Petition (Civil) No. 24159 of 2009) Thomson Press (India) Ltd. Vs. Nanak BuildersOrs. (AIR 2013 SC 2389 ), need to b... | 1 | 3,226 | 166 | ### Instruction:
Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text.
### Input:
the Plaintiff and the defendants. The Plaintiff who filed the suit against the defendant was entitled to seek relief and ... |
M.D.,Bhoruka Textiles Limited Vs. M/S Kashmiri Rice Industries | required to make a reference within 60 days from the date of the duly audited accounts of the company for the financial year as at the end of which the Company has become a sick industrial company. Such reference is made for determination of the measures which may be adopted with respect to the company. The proviso app... | 1[ds]The learned Trial Judge, therefore, committed a manifest error in opining that the transaction in question was subsequent to the reference. It is also apparent from the record that respondent was aware of the fact that the appellant had made reference to the BIFR in terms of the provisions16 of the Act empowers th... | 1 | 1,879 | 326 | ### 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:
required to make a reference within 60 days from the date of the duly audited accounts of the company for t... |
Deepa E.V Vs. Union Of India | such rules, they are immediately suitably modified or deleted.4. These instructions shall take immediate effect in respect of direct recruitment made hereafter. These will also apply to selections where though the recruitment process has started, the result have not yet been announced unless in the Examination/Recruitm... | 0[ds]7. On a combined reading of Rule 9 of the Export Inspection Agency (Recruitment) Rules, 1980 and also the proceedings dated 1.7.1998, we find that there is an express bar for the candidates belonging to SC/ST/OBC who have availed relaxation for being considered for General Category candidates.Having regard to the ... | 0 | 1,932 | 235 | ### 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:
such rules, they are immediately suitably modified or deleted.4. These instructions shall take immediate effect in respec... |
Air India Ltd Vs. M. Yogeshwar Raj | was submitted on 29.4.1999. The Inquiry Committee came to the conclusion that the cast certificate dated 4th February, 1998 had turned out to be a bogus certificate. It was however noted that the original caste certificate submitted by the respondent in 1976 had been affirmed by a certificate issued from the office of ... | 1[ds]Here the disciplinary proceedings were initiated against the respondent because of the production of a bogus certificate dated 4.10.1998. The disciplinary proceedings were initiated on 29.12.98. There was no delay. Besides the respondent participated in the enquiry without protest. | 1 | 1,604 | 47 | ### 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:
was submitted on 29.4.1999. The Inquiry Committee came to the conclusion that the cast certificate dated 4th February, 19... |
Prafulla Kumar Malik Vs. Commissioner of Income Tax, Bihar and Orissa | BHARGAVA J.1. This appeal on certificate granted by the High Court of Orissa under section 66A(2) of the Indian Income-tax Act, 1922, arises under the following circumstances During the calendar year 1954, which was the previous year relating to the assessment year 1955-56, the appellant worked as a paddy procuring age... | 1[ds]2. The High Court, in dealing with this question, considered the provisions of section 10(2)(xv) of the Act and held that the deduction claimed by the appellant was not admissible as it amounted to a penalty imposed on the appellant for his dishonest action in supplyingquality goods, and that such penalty could no... | 1 | 981 | 551 | ### 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:
BHARGAVA J.1. This appeal on certificate granted by the High Court of Orissa under section 66A(2) of the Indian Income-tax ... |
Rajvi Amar Singh Vs. The State Of Rajasthan | 311 of the Constitution was violated. If this contention is sound, it will follow that the fresh appointment as Civil Judge after the High Courts order will also be bad for the same reasons.15. Now it is well established that when one State is absorbed in another whether by accession, conquest, merger or integration, a... | 0[ds]it is well established that when one State is absorbed in another whether by accession, conquest, merger or integration, all contracts of service between the prior Government and its servants automatically terminate and thereafter those who elect to serve in the new State, and are taken on by it, serve on such ter... | 0 | 2,481 | 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:
311 of the Constitution was violated. If this contention is sound, it will follow that the fresh appointment as Ci... |
Oramba Sundari Dasi Vs. Ishwar Gopal Jieu & Others | with the provisions of the Act. Obviously, this new decree is to be passed in favour of the original decree-holder and only the calculations upon which the old decree was based would be changed by substituting the statutory method of accounting in place of what rested upon the contract between the parties. Clause (b) a... | 1[ds]If the purchaser is the decree-holder himself and he is in possession of the property when the decree is reopened, it is incumbent upon the court to order restoration of these properties to the judgment-debtor under Cl. (c). If, on the other hand, the properties had been acquired by strangers either by purchase at... | 1 | 3,098 | 1,009 | ### 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:
with the provisions of the Act. Obviously, this new decree is to be passed in favour of the original de... |
M/s Daddy’s Builders Pvt. Ltd. & Another Vs. Manisha Bhargava and Another | of the Constitution Bench of this Court in the case of New India Assurance company Limited v. Hilli Multipurpose Cold Storage Private Limited, reported in (2020) 5 SCC 757 , the District Forum has no power to extend the time to file the response to the complaint beyond the period of 15 days in addition to 30 days as is... | 0[ds]the said issue whether the State Commission has the power to condone the delay beyond 45 days is now not resintegra in view of the Constitution Bench decision of this Court in the case of New India Assurance Company Limited v. Hilli Multipurpose Cold Storage Pvt. Ltd. reported in (2020) 5 SCC 757. However, the afo... | 0 | 1,370 | 649 | ### 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:
of the Constitution Bench of this Court in the case of New India Assurance company Limited v. Hilli Mul... |
M/S. SOUTH EASTERN COALFIELDS LTD Vs. COMMNR. OF CENTRAL EXCISE,TRICHY/MADURAI | months] shall not apply where any duty has been paid under protest.(2) If, on receipt of any such application, the [Assistant Commissioner of Central Excise or Deputy Commissioner of Central Excise] is satisfied that the whole or any part of the duty of excise paid by the applicant is refundable, he may make an order a... | 0[ds]11. It is not disputed that the excise duty was paid by the manufacturer(M/s. Fenner (India) Ltd.) under protest to the department and the dispute with regard to the classification of the product finally came to be decided by this Court in M/s. Fenner India?s case(supra) and the manufacturer M/s. Fenner (India) Lt... | 0 | 2,683 | 377 | ### 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:
months] shall not apply where any duty has been paid under protest.(2) If, on receipt of any such app... |
Infosys Technologies Ltd Vs. Jupiter Infosys Ltd. | injured if the trade mark is allowed to stand; and by ‘possible’ I mean possible in a practical sense, and not merely in a fantastic view.... All cases of this kind, where the original registration is not illegal or improper, ought to be considered as questions of common sense, to a certain extent, at any rate; and I t... | 1[ds]30. Hardie Trading Ltd. (supra) has been followed by this Court in a recent decision in the case of Kabushiki Kaisha Toshiba, This Court stated that Section 46 speaks for private interest while Section 56 speaks of a public interest.31. It is true that the appellant in opposition to the applications for removal/re... | 1 | 7,295 | 740 | ### 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:
injured if the trade mark is allowed to stand; and by ‘possible’ I mean possible in a practical sense, ... |
UNION OF INDIA & ORS Vs. M/S EXIDE INDUSTRIES LIMITED & ANR | the legislature over the power of the judiciary. A courts directive must always bind unless the conditions on which it is based are so fundamentally altered that under altered circumstances such decisions could not have been given. This will include removal of the defect in a statute pointed out in the judgment in ques... | 1[ds]Constitutional validity of clause (f)13. In the present case, the legislative power of the Parliament to enact clause (f) in the light of Article 245 is not doubted at all.It is no more res integra that the examination of the Court begins with a presumption in favour of constitutionality. This presumption is not j... | 1 | 10,526 | 3,155 | ### 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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the legislature over the power of the judiciary. A courts directive must always bind unless the conditions... |
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