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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Somnath Tulshiram Galande Vs. Presiding Officer, 2Nd Labour Court, Pune & Others | the work of the Quality Control Supervisor directly and the line inspectors working in shift indirectly through the Quality Control Supervisor, take decisions, decide the parameters for the quality check up and analyse the drawings received from the customers.7. This was the documentary and oral evidence relied upon by... | 0[ds]It is a settled principle of law that the onus lies upon the workman to prove that he satisfies the essential ingredients of being a workman and, therefore, could raise an industrial dispute. This is a mixed question of fact and law and unless the finding arrived at by the Labour Court was patently perverse or con... | 0 | 2,131 | 1,028 | ### 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 work of the Quality Control Supervisor directly and the line inspectors working in shift indirectly th... |
Union of India & Others Vs. M. Ravi Varma & Others | accordance with the Ministry of Home Affairs O. Ms. referred to above."It would follow from the above that so far as the non-grazetted staff in the Central Excise, Customs and Narcotics Departments and other subordinate officers of the Central Board of Revenue are concerned, the question of seniority would have to be d... | 0[ds]2. The question has been raised whether it is necessary to continue to apply the instructions contained in the Office Memoranda cited above. Displaced Government servants have by and large been absorbed in the various Central services and their seniority has been fixed with reference to the previous service render... | 0 | 4,608 | 1,946 | ### 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:
accordance with the Ministry of Home Affairs O. Ms. referred to above."It would follow from the above that ... |
VINOD KUMAR Vs. ASHOK KUMAR GANDHI | wholly consistent with Article 14. The Act, therefore, need not be read down, as suggested, to save it from the vice of unconstitutionality for such unconstitutionality does not exist. 52. Now reverting to the judgment of this Court in Satyawati Sharma (supra), in the said judgment this Court did not read down the prov... | 0[ds]The Constitution Bench judgment in Gian Devi Anand(supra) was delivered by Amarendra Nath Sen, J. with which opinion Bhagwati, J. concurred28. The most important observations which are relevant in present case were made by the Constitution Bench in paragraph 39 of the judgment. The Constitution Bench observed the ... | 0 | 17,006 | 4,588 | ### Instruction:
Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding.
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wholly consistent with Article 14. The Act, therefore, need not be read down, as suggested, to save it from the v... |
Municipal Corporation of Delhi Vs. Suresh Chandra Jaipuria & Another | pay the property tax then the defendant might not be able to carry out its duty. The plaintiffs have also been unable to show that they would suffer irreparable injury if an injunction is not granted to them. If they ultimately prove that they are not liable to pay full amount demanded by the defendant as property tax ... | 1[ds]8. It is difficult for us to see what bearing the provisions cited from the Delhi Rent Control Act or the Full Bench decision of the High Court could have on the case now before us. It seems to us that Mr. Nariman is correct in submitting that the learned Judge of the High Court had himself misapprehended the law ... | 1 | 1,698 | 244 | ### Instruction:
Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction.
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pay the property tax then the defendant might not be able to carry out its duty. The plaintiffs have al... |
PSA Mumbai Investments Pte. Limited Vs. The Board of Trustees of the Jawaharlal Nehru Port Trust and Ors | Conditions of Contract (Section III) and Clause 20 therein providing for arbitration, will not apply in regard to any dispute in regard to the tender or bid, or non-placing of a purchase order, but will apply only in regard to any contract awarded by BSNL by placing a purchase order. xxx 27. It is also very significant... | 1[ds]13. On a conjoint reading of the aforesaid clauses, a few things become clear - (i) first and foremost a Disclaimer at the forefront of the RFP makes it clear that there is only a bid process that is going on between the parties and that there is no concluded contract between the same (ii) it is equally clear that... | 1 | 8,702 | 687 | ### Instruction:
Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding.
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Conditions of Contract (Section III) and Clause 20 therein providing for arbitration, will not apply in regard to... |
STATE OF TAMIL NADU Vs. M. MANGAYARKARASI | from service on the ground that it was shockingly disproportionate. The Single Judge substituted it by directing the stoppage of increments for a period of two years without cumulative effect. 4. The two employees, M. Mangayarkarasi and M. Jayalakshmi, were working as Superintendent and Accountant respectively in the D... | 1[ds]13. There are several reasons, in our view, why the approach of the High Court in the present case cannot be accepted.14. First, in seeking to apply the principle of parity of treatment, the High Court has manifestly failed to notice that the gravity of misconduct which was established against the appellants was d... | 1 | 1,184 | 377 | ### 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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from service on the ground that it was shockingly disproportionate. The Single Judge substituted it by directing the stop... |
Dutta Associates P.Ltd Vs. Indo Marcantiles P. Ltd | the escalation or deceleration of the market price in the exporting states. We are still not able to understand. Clause (16) deals with post-contract situation, i.e., the situation during the currency of the contract and not with a situation at the inception of the contract. The tenderers are all hard-headed businessme... | 1[ds]4. After hearing the parties, we are of the opinion that the entire process leading to the acceptance of the appellants tender is vitiated by more than one illegality. Firstly, the tender notice did not specify the "viability range" nor did say that only the tenders coming within the viability range will be consid... | 1 | 2,302 | 1,312 | ### Instruction:
Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding.
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the escalation or deceleration of the market price in the exporting states. We are still not able to understand. ... |
State Of Tamil Nadu Etc Vs. Cement Distributors Private Ltd. Etc. Etc | it has accepted the Tariff Commissions recommendations in respect of the fixation of the packing charges and the principle that would be adopted was on the basis of the average of the maximum and minimum market price of the packing material during each week of the 9 months immediately preceding the quarter for which th... | 0[ds]The Central Government by its letter dated December 26, 1959 informed the State Trading Corporation that it has accepted the Tariff Commissions recommendations in respect of the fixation of the packing charges and the principle that would be adopted was on the basis of the average of the maximum and minimum market... | 0 | 1,715 | 537 | ### Instruction:
Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding.
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it has accepted the Tariff Commissions recommendations in respect of the fixation of the packing char... |
The Management of Regional Chief Engineer P.H.E.D. Ranchi Vs. Their Workmen | The Appellant is the Department of the State of Jharkhand [Public Health and Engineering Department (PHED)] whereas the Respondent is the Workmen Union representing the interest of the workmen working in the Public Health and Engineering Department (PHED). 5. The State made a reference Under Section 10 of the I.D. Act ... | 1[ds]9. Having heard the learned Counsel for the parties and on perusal of the record of the case, we are inclined to allow the appeal in part and while modifying the impugned order award 50% back-wages to the workmen in place of full wages.10. In our considered opinion, the Courts below completely failed to see that t... | 1 | 1,360 | 845 | ### 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 Appellant is the Department of the State of Jharkhand [Public Health and Engineering Department (PHED)] wherea... |
Union of India (UOI) and Ors Vs. Krishna Kumar and Ors | fundamental rights Under Articles 14 and 16 of the Constitution. Learned Counsel submits that under the Rules, as they prevailed prior to the restructuring of Assam Rifles, promotion for Havildars lay to the post of Warrant Officer. While the Respondents have not challenged the Recruitment Rules, as noted by the High C... | 1[ds]11. In considering the rival submissions, it must, at the outset, be noted that it is well-settled that there is no vested right to promotion, but a right be considered for promotion in accordance with the Rules which prevail on the date on which consideration for promotion takes place. This Court has held that th... | 1 | 2,064 | 509 | ### Instruction:
First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document.
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fundamental rights Under Articles 14 and 16 of the Constitution. Learned Counsel submits that under the Rules, as they prev... |
Dindyal & Anr Vs. Rajaram | period of limitation so prescribed shall be dismissed. Article 1 of the Second Schedule is as follows : Description of suit or Application. Period of limitation. Time from which period begins to run For possession of a holding by a person claiming to be a tenant from which he has been dispossessed or excluded from poss... | 0[ds]7. The High Court and the courts below have come to the conclusion that the gift made by Ladli Bahu in favour of Nanni Bai is a valid gift and that Nanni Bai came into possession of the suit properties on the strength of that gift. Hence she must be held to have had no interest in those properties thereafter. Ther... | 0 | 2,230 | 403 | ### 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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period of limitation so prescribed shall be dismissed. Article 1 of the Second Schedule is as follows : De... |
Govt. Of State Of Bihar & Ors Vs. Ram Bharosa Singh & Anr | 2, on the other. The District Magistrate, Patna, notified that a public auction of the ferries would be held on 22-12-1952, for the grant of a lease for a period of three years with effect from 1-4-1953, to 31-3-1956. But later, he withdrew the tolls from public auction, as it was decided to extend the term of the alre... | 0[ds]5. We are in full agreement with the view taken by the High Court. Sections 7, 8, and 9 of the Bengal Ferries Act run thusThe control of all public ferries shall be vested in the magistrate of the district, subject to the direction of the Commissioner.""8. The immediate superintendence of every public ferry shall ... | 0 | 1,188 | 711 | ### 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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2, on the other. The District Magistrate, Patna, notified that a public auction of the ferries would be he... |
State of Andhra Pradesh & Ors Vs. S. Pitchi Reddy & Ors | M. R. Shah, J. 1. Feeling aggrieved and dissatisfied with the impugned Judgment and Orders passed by the High Court of Judicature at Hyderabad for the State of Telangana and State of Andhra Pradesh dated 13.11.2017 in Writ Petition No.37515 of 2017; Writ Petition No.37516 of 2017; Writ Petition No.37504 of 2017 and Wri... | 1[ds]5. Having heard learned counsel appearing for the State and considering the impugned judgment and orders passed by the High Court, we are of the opinion that the impugned judgment and orders passed by the High Court, quashing and setting aside the fresh assessment orders are unsustainable.5.1 Firstly, the High Cou... | 1 | 823 | 301 | ### 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:
M. R. Shah, J. 1. Feeling aggrieved and dissatisfied with the impugned Judgment and Orders passed by the High Court of Judi... |
SADANAND PUTHRAN Vs. UNITED INDIA INSURANCE CO. LTD | dated 4.4.2013 seeking pension on the basis of the 1995 Scheme, resting his case on the aforesaid judgment. There was no response to this representation, resulting in the appellant filing a writ petition before the Bombay High Court. The Division Bench of the Bombay High Court, in terms of the impugned judgment dated 0... | 0[ds]12. A reading of the aforesaid clause shows that there is a specific exclusion of an employee in whose case the twin conditions of havingbefore the commencement of the Pension Rules and drawing of pension under the Staff Regulations is satisfied.Thus, the definition ofenvisages two eventualities – first a person w... | 0 | 7,017 | 2,142 | ### Instruction:
Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case.
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dated 4.4.2013 seeking pension on the basis of the 1995 Scheme, resting his case on the aforesaid judgment. ... |
Naib Subedar Lachhman Dass Vs. Union of India | CHANDRACHUD, J. 1. The appellant was dismissed from service by an order of the Court Martial dated May 17, 1966. He filed an appeal from that order to the Chief of Army Staff, who by his order dated December 21, 1966 set aside the order of dismissal and substituted in its place an order of discharge with retrospective ... | 0[ds]2. The writ petition filed by the appellant in the High Court shows that variousd remedies were adopted by him after the Chief of Army Staff passed the order dated December 21, 1966. In December, 1968, which itself was two years later, the appellant filed a writ petition in this Court under Article 32 of the Const... | 0 | 398 | 281 | ### Instruction:
Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document.
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CHANDRACHUD, J. 1. The appellant was dismissed from service by an order of the Court Martial date... |
N.D. Jayal & Another Vs. Union of India & Others | be provided for common property resources and forest lands that may be acquired from their dependants. 8. The DPs/PAPs are defined in a way as to include not only land owners but also those who depend on it without owning it, and those who have common property resources as their sustenance. 134. This Court in the case ... | 1[ds]16. From the documents before us, it could be gathered that the Government also referred the matter to Seismic Expert, Prof. Jai Krishna who was the former President of International Academy of Earthquake Engineering and alsoof the University of Roorkee. He examined the matter and opined that "the proposed dam sec... | 1 | 24,707 | 2,299 | ### 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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be provided for common property resources and forest lands that may be acquired from their dependants. 8. The... |
R.S. Makashi and Others Vs. I.M. Menon and Others | High Court was in error in striking down the proviso to rule 7 as being violative of Articles 14 and 16 of the Constitution. 39. It now only remains for us to examine whether there is substance in the contention put forward by the writ petitioners that even if the impugned seniority principles laid down in the Governme... | 1[ds]we have unhesitatingly come to the conclusion that the view expressed by the High Court that clauses (a) and (c) of rule 4 and the proviso to rule 7 of the impugned Government Resolution dated March 22, 1968 are violative of the provisions of Articles 14 and 16 of the Constitution, is unsustainable in law and that... | 1 | 14,704 | 5,977 | ### Instruction:
Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document.
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High Court was in error in striking down the proviso to rule 7 as being violative of Articles 14 and 16... |
Ram Gopal & Another Vs. Alladia & Others | Hegde, J.1. This is an appeal by special leave. The plaintiff is the appellant. He sued for the possession of the suit properties after issuing a notice purporting to terminate the tenancy of the defendants (respondents in this appeal). The case of the plaintiff is that t he defendants are monthly tenants. The trial Co... | 0[ds]4. The principal question debated before the High Court and the Courts below is whether Exh.evidences a lease or license? It may be noted that the agreement was entered into in the year 1911 long before the third paragraph of Section 107 of the Transfer of Property Act was incorporated into that section. But for o... | 0 | 924 | 276 | ### 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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Hegde, J.1. This is an appeal by special leave. The plaintiff is the appellant. He sued for the possession of... |
Sunil Bharti Mittal Vs. Cbi | Court has correctly noted that issuance of summons against Respondents 2 to 7 is illegal and amounts to abuse of process of law. The order of the High Court, therefore, needs no interference by this Court.” 41. We have already mentioned above that even if the CBI did not implicate the appellants, if there was/is suffic... | 1[ds]30. In the first instance, we make it clear that there is no denying the legal position that even when a person is not named in the charge sheet as an accused person, the trial court has adequate powers to summon such a non-named person as well, if the trial court finds that the charge sheet and the documents/mate... | 1 | 15,105 | 606 | ### 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:
Court has correctly noted that issuance of summons against Respondents 2 to 7 is illegal and amounts to abuse of p... |
Hindustan Lever Limited Vs. Ram Mohan Ray and Others (With connected appeal) | be made in such cases as the remedy available was under Section 33C. We are not able to appreciate this argument. Indeed payment of wages is one of the most important among the workers conditions of service. The worker works essentially only for the wages to be paid to him. Therefore, the question that would really hav... | 0[ds]7. He also urged that rationalisation and standardisation per se would fall under item 10 even if they were not likely to lead to retrenchment of workmen and only improvement of plant or technique would require that they should lead to retrenchment of workmen in order to fall under item 10. A further submission of... | 0 | 5,083 | 1,421 | ### Instruction:
Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case.
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be made in such cases as the remedy available was under Section 33C. We are not able to appreciate this argu... |
Krishna Bus Service Ltd Vs. Smt. Mangli & Ors | an afterthought.22. Even if it is assumed for the sake of argument that one wheel of the bus had fallen into the pit, and the resultant shock broke the tie-rod causing the vehicle to go out of control, then also that would not, when viewed in the light of the other circumstances of the case, negative the inference of n... | 0[ds]27. Coming back to the instant case, it may be observed that the driver was admittedly an employee of the appellant company, and at the relevant time he was acting in the course of his employment. The vehicle was the property of the appellant company under whose management defendant No. 3 was working at the materi... | 0 | 3,629 | 185 | ### 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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an afterthought.22. Even if it is assumed for the sake of argument that one wheel of the bus had fallen into ... |
HEMKUNWAR BAI Vs. SUMERSINGH AND ORS | Deepak Gupta, J. 1. This appeal is directed against the judgment of the High Court whereby it reversed the judgment and decree of the Trial Court decreeing the suit of the Plaintiff- Appellant before us. Devisingh was the original owner of the suit property. On the death of Devisingh in the year 1961, the property was ... | 0[ds]The Defendants examined Antar Singh and Laxman Singh who are witnesses to all the three documents. As far as Laxman Singh is concerned, he clearly stated that at the time of registration of the sale-deeds and the Will, the sub-Registrar concerned had read out the subject matter of the three documents in short to R... | 0 | 677 | 269 | ### Instruction:
Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case.
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Deepak Gupta, J. 1. This appeal is directed against the judgment of the High Court whereby it reversed the j... |
Shri Kishan Singh And Others Vs. The State Of Rajasthan And Others | operation from a date earlier than the succeeding year and even retrospectively from a date prior to the settlement, and that such a power was repugnant to both Art. 19 (1) (1) and Art. 31(2). The argument with reference to Art. 19(1)(f) is that S. 86 is an encroachment on the rights of a person to hold property, and c... | 0[ds]3. The contention that Ss. 81 to 86 of the Act are void as being repugnant to Art. 14 is sought to be made out on two grounds. It is stated firstly that the Act applies only to what was prior to its merger the State of Marwar, that the present State of Rajasthan comprises Marwar and 17 other States which have merg... | 0 | 3,201 | 1,294 | ### 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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operation from a date earlier than the succeeding year and even retrospectively from a date prior to the settlement, and ... |
State of Karnataka and Another Vs. H. Ganesh Kamath Etc | or obtaining a driving licence and who is not suffering from any disease or disability specified in the Second Schedule to the Act and has passed the test of competence to drive specified in the Third Schedule of the Act carried out in a vehicle of the type to which his application for a driving licence refers, is enti... | 0[ds]The Karnataka High Court in its judgment under appeal has held that: the impugned rule 5(2) is repugnant to the provisions o f sub-sections (7) and (8) of section 7 of the Act on the very same grounds upon which the original sub- rules (2) and (3) of Rule 5 were struck down by that Court in Cyril Lobos case. That ... | 0 | 3,731 | 1,278 | ### Instruction:
Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding.
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or obtaining a driving licence and who is not suffering from any disease or disability specified in the Second Sch... |
Ram Krishan and Another Vs. State of Uttar Pradesh | FAZAL ALI, J. 1. The appellants have been convicted under Section 307/34 of IPC and sentenced to four years, under Section 324/34 of IPC to six months and under Section 323/34 of IPC to four months. All these sentences to run concurrently. The injuries were caused to the injured persons as a result of "fracus" between ... | 1[ds]2. It appears that on December 15, 1970 Manki and Sahdeo, who claim to be owner of the shop, closed the shop and went to rest. Sahdeo was sitting with his family in the upper storey. Soon thereafter, Munni Lal along with the appellants appeared on the scene and there was an altercation between the two, as a result... | 1 | 530 | 415 | ### Instruction:
Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case.
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FAZAL ALI, J. 1. The appellants have been convicted under Section 307/34 of IPC and sentenced to four years,... |
Mohd. Mustafa Ali Khan Vs. Secretary, Department of Petroleum Central Government of India and Others | in business. Under the head Full time working dealer, Shri Nautiyal assessed the said candidates by giving marks varying from 8 to 10; whereas he gave 25 out of 30 marks to respondent No. 4. Similar observations could be made in respect of other assessment heads. Coming to the assessment made by Justice Dayal (Retd.), ... | 1[ds]We are not concerned with the allegations made against any individual, including the former Home Minister, Petroleum Minister, Members of the Oil Selection Board or any of the officials of respondent No. 3, or the Oil Company, by the petitioner and, in fact, the petitioner appears to have brought on record some st... | 1 | 5,602 | 2,244 | ### 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:
in business. Under the head Full time working dealer, Shri Nautiyal assessed the said candidates ... |
Commissioner of Income Tax, Madras Vs. Managing Trustees, Nagore Durgha, Nagore | the said income in the hands of the managing trustee fell outside the scope of S. 41 of the Act. 7. There are two answers to this contention. The doctrine of vesting is not germane to this contention. In some of the enumerated persons in the section the property vests and in others it does not vest, but they only manag... | 0[ds]7. There are two answers to this contention. The doctrine of vesting is not germane to this contention. In some of the enumerated persons in the section the property vests and in others it does not vest, but they only manage the property. In general law the property does not vest in a receiver or manager but it ve... | 0 | 2,176 | 1,067 | ### Instruction:
Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding.
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the said income in the hands of the managing trustee fell outside the scope of S. 41 of the Act. 7. There are two... |
Kaloo Vs. State of Uttar Pradesh | Sikri, J.1. Leave to appeal in this case was limited to the question of sentence. The High Court, agreeing with the learned Sessions Judge, confirmed the conviction and sentence of death. The only question before us is whether the appellant should not be sentenced to imprisonment for life.2. The relevant facts for the ... | 1[ds]As we have already mentioned, the High Court has given the benefit of doubt to Allah Bux.4. There is no evidence as to the origin of the quarrel. Something must have happened between the appellant and the deceased and Allah Bux, which infuriated or led the appellant to commit the murder. None of the eye witnesses ... | 1 | 426 | 139 | ### Instruction:
Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case.
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Sikri, J.1. Leave to appeal in this case was limited to the question of sentence. The High Court, agreeing w... |
THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA & ORS Vs. SHAJI POULOSE & ORS | dated 13.01.1989 does not take away the right of a Chartered Accountant to carry on profession, against which judgment, a Special Leave Petition No.21988 of 1995 was filed, in which leave was granted but Civil Appeal was dismissed as withdrawn by order dated 04.05.1999. Madras High Court vide its judgment dated 13.07.1... | 1[ds]13. In various writ petitions filed in different High Courts apart from challenging the guidelines dated 08.08.2008, disciplinary proceedings initiated against the writ petitioner for violation of the guidelines dated 08.08.2008 were also challenged. For example, in writ petition No.25662 of 2016, Shaji Poulose ve... | 1 | 2,422 | 395 | ### Instruction:
Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document.
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dated 13.01.1989 does not take away the right of a Chartered Accountant to carry on profession, against... |
Ram Charan Das Vs. Girjanandini Devi And Ors | deceased. Yet, bearing in mind their near relationship to the widow the settlement of the dispute was very properly regarded as a settlement of a family dispute. The consideration for such a settlement, if one may put it that way, is the expectation that such a settlement will result in establishing or ensuring amity a... | 0[ds]In our case, however, there is fortunately only one transaction and we have definite evidence to show that there were disputes amongst the members of the family and it was avowedly for settling them that the transaction was entered into. Further we have material to show that all the persons who can be said to be i... | 0 | 5,493 | 1,349 | ### 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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deceased. Yet, bearing in mind their near relationship to the widow the settlement of the dispute was very pr... |
Sri Venkateswara Rice, Ginning & Groundnutoil Mill Contract Vs. State Of Andhra Pradesh & Ors | contained in Section 5 (the charging section), the sales or purchases of declared goods by a dealer shall be liable to tax at the rate, and only at the point of sale or purchase specified against each in the Third Schedule on his turnover of such sales or purchases for each year irrespective of the quantum of his turno... | 0[ds]Quite clearly in view of Section 14 and Section 15 of the Central Sales Tax Act and Section 6 of the Act, purchase of groundnut can be taxed only at one stage. Once a particular quantity of groundnut has been subjected to payment of tax, the States power to tax in respect of those goods gets exhausted and any furt... | 0 | 1,555 | 1,006 | ### 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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contained in Section 5 (the charging section), the sales or purchases of declared goods by a dealer shall be liable to tax... |
Neyazuddin and Others Vs. Surya Deva Narain Verma and Others | SHAH, J.1. The respondents to this appeal commenced an action in the Munsif Samastipur for a decree in ejectment against one Maddique, the members of his family, Siddique (brother of Maddique), and the members of Siddiques family for a decree in ejectment and for recovery of arrears of rent before action and future ren... | 0[ds]4. We have before us only a copy of the judgment of the High Court, the petition for special leave and the application for stay. Neither the copy of the judgment of the trial court which originally decided the suit nor the copy of the District Courts judgment are before us. Even the translation of the plaint is no... | 0 | 1,029 | 595 | ### 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:
SHAH, J.1. The respondents to this appeal commenced an action in the Munsif Samastipur for a decree in ... |
Gyasuddin Khan @ Mohd.Gyaduddin Khan Vs. State Of Bihar | context, we may quote the pertinent observations made by Sarkaria j. speaking for the Constitution Bench in Bachan Singhs case: "As we read Sections 354(3) and 235(2) and other related provisions of the Code of 1973, it is quite clear to us that for making the choice of punishment or for ascertaining the existence or a... | 1[ds]13. The defence witnesses account was rightly disbelieved by the trial Court and the High Court. First of all, it must be noted that these witnesses never came forward to give their version before the police. There is no explanation as to why they should, as law abiding citizens, withhold the important information... | 1 | 4,617 | 972 | ### 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:
context, we may quote the pertinent observations made by Sarkaria j. speaking for the Constitution Bench in Bachan Singhs... |
Padhiyar Prahladji Chenaji (Deceased) Through L.R.s Vs. Maniben Jagmalbhai (Deceased) Through L.R.s and Ors | by the law, the plaintiff shall not be entitled to any permanent injunction. 11.1 An injunction is a consequential relief and in a suit for declaration with a consequential relief of injunction, it is not a suit for declaration simpliciter, it is a suit for declaration with a further relief. Whether the further relief ... | 1[ds]8. So far as the submission on behalf of the defendant No.1 that even the suit for permanent injunction is barred by law of limitation and the further submission of defendant No.1 that the registered sale deed was executed on 17.06.1975 and immediately thereafter the name of the defendant No.1 was mutated in the R... | 1 | 6,369 | 2,727 | ### 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:
by the law, the plaintiff shall not be entitled to any permanent injunction. 11.1 An injunction is a consequential relief a... |
Narayanibai Vs. State of Maharashtra | Constitution.Subba Rao, C.J., who spoke for himself and four of his colleagues observed that Art. 13(3) gives an inclusive definition of "law" which does not, prima facie, exclude "constitutional law, and proceeded to enunciate certain propositions, of which the following are, for the purposes of the present case, , re... | 0[ds]In our judgment, that is not the effect of I. C. Golak Naths case([1967] 2 S.C.R. 762.). In that case Wanchoo, Bhargava and Mitter, JJ., held that the word law in Art. 13 (1) does not include any law in the nature of a constitutional provision, and Art. 13 (2) when it speaks of the State making any law, refers to ... | 0 | 1,973 | 961 | ### Instruction:
First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document.
### Input:
Constitution.Subba Rao, C.J., who spoke for himself and four of his colleagues observed that Art. 13(3) gives an inclusive ... |
STATE OF HARYANA Vs. ISHWAR CHAND | 1. We have heard the learned counsels for the parties. 2. Leave granted. 3. The accused respondent had been convicted by the learned trial Court under Section 16(1)(a)(i) read with Section 7 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as the Act) and sentenced to undergo rigorous imprisonm... | 1[ds]4. The issue appears to be covered by the decision of this Court in The Food Inspector, Calicut Corporation v. Cherukattil Gopalan and another, AIR 1971 SC 1725 . Paragraphs 25 and 26 of the said report which deal with the issue are in the following terms:25. To sum up we are in agreement with the decisions in AIR... | 1 | 750 | 567 | ### 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:
1. We have heard the learned counsels for the parties. 2. Leave granted. 3. The accused respondent had ... |
Savita W/O.Santram Awate Vs. The State of Maharashtra, Through Secretary, Department of Agriculture and Animal Husbandry & Others | Oral Judgment: (R.V. Ghuge, J.)1. Rule. Rule made returnable forthwith and heard with consent of the parties.2. The petitioner is a hapless widow who has raised a short point for our consideration. Whether delay in filing a claim application under the Shetkari Janata Apghat Vima Yojana (meaning an Accident Insurance Sc... | 1[ds]4. The petitioner contends that she was in a state of shock, quite expectedly, owing to the death of her husband that took place within a period of less than 4 months from the date of her marriage. She was totally unaware about the existence of the Government Resolution dated 19/08/2004 in respect of the personal ... | 1 | 970 | 573 | ### 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:
Oral Judgment: (R.V. Ghuge, J.)1. Rule. Rule made returnable forthwith and heard with consent of the pa... |
Jabil Circuit India Private Limited Vs. Commissioner of Central Excise | to Tata Sky Limited (instead of the price charged by the assessee to Thomson India) in respect of the goods cleared during the period from 1st April 2007 to 23rd January 2008 should not be treated as the transaction value of the goods sold by the assessee to Thomson India under Rule 10A of the 2000 Rules and the duty b... | 0[ds]8. Prima facie, we do not find merit in the aforesaid contentions. The first argument of the assessee is that in the present case the valuation of theboxes manufactured and sold by the assessee are liable to be valued on the basis of transaction value under Section 4(1)(a) of the 1944 Act. Whether Section 4(1)(a) ... | 0 | 1,574 | 670 | ### 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:
to Tata Sky Limited (instead of the price charged by the assessee to Thomson India) in respect of the goods cleared durin... |
Union Of India Vs. Priyankan Sharan | and Ors.(AIR 1962 SC 847 ). 21. The question is not what may be supposed and has been intended but what has been said. "Statutes should be construed not as theorems of Euclid". Judge Learned Hand said, "but words must be construed with some imagination of the purposes which lie behind them". (See Lenigh Valley Coal Co.... | 0[ds]23. While interpreting a provision the Court only interprets the law and cannot legislate it. If a provision of law is misused and subjected to the abuse of process of law, it is for the legislature to amend, modify or repeal it, if deemed necessary. (See Commissioner of Sales Tax, M.P. v. Popular Trading Company,... | 0 | 3,812 | 996 | ### Instruction:
Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages.
### Input:
and Ors.(AIR 1962 SC 847 ). 21. The question is not what may be supposed and has been intended but what ha... |
Binoy Kumar Chatterjee Vs. M/S Jugantar Ltd. And Others | that it would enure for a period of twelve months only. The case of the workman, however, was that the further employment given to him after December 1, 1976 was in reality a continuation of the previous employment and therefore the termination should be taken to be effective from December 1, 1977, and should be regard... | 0[ds]4. It is urged that in view of the law laid down by this Court in State Bank of India v. Shri N. Sundara Money, (1) Hindus tan Steel Limited v. The Presiding Officer Labour Court Orissa and Ors., (2) Delhi Cloth & General Mills Ltd. v. Shambhu Nath Mukherjee & Ors.(3) and Surendra Kumar Verma & Others v. Central G... | 0 | 1,538 | 685 | ### 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:
that it would enure for a period of twelve months only. The case of the workman, however, was that the further employment... |
Krishna Murari Aggarwala Vs. The Union Of India & Ors | the facts mentioned by the deponent it would appear that the order of detention appears to have been passed in two stages - in the first instance by Mr. S. K. D. Mathur who was full-fledged District Magistrate on November 8. 1974 when the order of detention was passed, but who according to his own statement had first p... | 1[ds]We cannot, however, leave this matter without expressing our strong disapprobation on the careless and irresponsible manner in which the counter affidavit has been filed by the respondents. particularly by Mr. S. K. D. Mathur who happened to be the then District Magistrate, Badaun.We hope the Government will be ca... | 1 | 4,785 | 1,681 | ### Instruction:
Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences.
### Input:
the facts mentioned by the deponent it would appear that the order of detention appears to have been passed in two stages ... |
The Commissioner of Income Tax Vs. Vir Vikram Vaid | as the said concern)] or any payment by any such Company on behalf, or for the individual benefit, of any such shareholder, to the extent to which the Company in either case possesses accumulated profits; but "dividend" does not include—(i) a distribution made in accordance with sub-clause (c) or sub-clause (d) in resp... | 0[ds]6. To effectively adjudicate upon the issue before us it will be convenient to refer the assessment order dated 2.2.2009 itself prior to dealing with the impugned order. The Assessing Officer holds that the amount of Rs.2.51 crores was paid on behalf of the assessee and relied upon inter alia on a decision of the ... | 0 | 1,753 | 827 | ### 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:
as the said concern)] or any payment by any such Company on behalf, or for the individual benefit, of any such shareholder... |
Commissioner Of Com.Taxes, Tvm Vs. M/S. Ktc Automobiles | 4(2) of the Central Sales Tax Act, in the case of specific or ascertained goods the sale or purchase is deemed to have taken place inside the State where the goods happened to be at the time of making a contract of sale. However, in the case of unascertained or future goods, the sale or purchase shall be deemed to have... | 0[ds]we find that in law, the motor vehicles in question could come into the category of ascertained goods and could get appropriated to the contract of sale at the registration office at Mahe where admittedly all were registered in accordance with Motor Vehicles Act and Rules. The aforesaid view, in the context of mot... | 0 | 5,370 | 628 | ### 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:
4(2) of the Central Sales Tax Act, in the case of specific or ascertained goods the sale or purchase is deem... |
Annaii Medical College & Hospital & Another Vs. Union of India & Another | Occupancy on the day of assessment was only 51.6%. It was also noticed that the Hospital, with so many indoor patients, had not utilized any blood unit after 30th July, 2016. Indeed, the petitioners have asserted that the concerned staff who was maintaining the Blood Bank Register was not available and the “up-to-date ... | 1[ds]8. On a bare perusal of the impugned decision dated 10th August, 2017, it is manifest that the Competent Authority inter alia noticed asAbsence of large number of faculty members and residents beyond the permissible limit on the day of inspection.(ii) Explanation offered by the petitioners about the absence of fac... | 1 | 3,650 | 621 | ### 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:
Occupancy on the day of assessment was only 51.6%. It was also noticed that the Hospital, with so many indoor patients, had... |
Dixit Kumar & Another Vs. Om Prakash Goel | claimant Om Prakash Goel had sustained injuries in the same. The Tribunal granted compensation on various heads and in assessing the same, principally took note of the oral and documentary evidence with regard to the physical state of the claimant as a result of the injuries sustained. It took note amongst others of th... | 1[ds]9. On an evaluation of the materials on record, we are of the view that the concurrent finding of the Courts below on the liability of the opposite party/appellants to bear the compensation does not warrant any interference. It is noticeable that the finding of the learned Tribunal that the claimant had suffered 1... | 1 | 1,584 | 329 | ### 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:
claimant Om Prakash Goel had sustained injuries in the same. The Tribunal granted compensation on various heads and in as... |
Union Of India Vs. Adani Exports Ltd. | part of the Pass Book Scheme which is the subject-matter of the special civil applications with which we are concerned now. Execution of the bank guarantee was not with reference to the demand of the respondents to give it due credit in the pass book but the same was executed much later than 31-3-1997 in regard to cert... | 1[ds]5.Having considered the arguments addressed on behalf of the parties and having perused the records, we are of the considered opinion that the question of jurisdiction should be first decided by us before going into the merits of the case in hand. As a matter of fact, we feel it would have been more appropriate on... | 1 | 4,171 | 1,968 | ### 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:
part of the Pass Book Scheme which is the subject-matter of the special civil applications with which w... |
Chandradhar Goswami & Ors Vs. The Gauhati Bank Ltd | any person with liability, to produce evidence in support of the entries to show that the money was advanced as indicated therein and thereafter the entries would be of use as corroborative evidence. But no person can be charged with liability on the basis of mere entries whether the entries produced are the original e... | 1[ds]It is clear from a bare perusal of the section that no person can be charged with liability merely on the basis of entries in books of account, even where such books of account are kept in the regular course of business. There has to be further evidence to prove payment of the money which may appear in the books o... | 1 | 2,887 | 1,465 | ### 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:
any person with liability, to produce evidence in support of the entries to show that the money was advanced as indicated ... |
Securities & Exchange Board Of India Vs. Kishore R.Ajmera | screen based trading system keeps the identity of the parties anonymous it will be too naive to rest the final conclusions on said basis which overlooks a meeting of minds elsewhere. Direct proof of such meeting of minds elsewhere would rarely be forthcoming. The test, in our considered view, is one of preponderance of... | 0[ds]24. Insofar as first case (C.A. No.2818 of 2008 SEBI Vs. Kishore R. Ajmera) is concerned the proved facts are asBoth the clients are known to each other and were related entities.(ii) This fact was also known to the sub-broker and the respondent – broker.(iii) The clients through the sub-broker had engaged in mutu... | 0 | 6,745 | 1,670 | ### 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:
screen based trading system keeps the identity of the parties anonymous it will be too naive to rest the final con... |
Commissioner of Income Tax, Mysore Vs. Shah Jethaji Phulchand | shall be terminated at the will of any of the partners(5) That the partners shall have a right to borrow any money required for partnership business at prevailing rate of interest(9) That the profits and loss of the company shall be shared by the partners in the following proportions irrespective of the contribution of... | 0[ds]7. We have just delivered judgment in Commissioner ofv. Shah Mohandas Sadhuram. In that case we have held that a partnership deed must be construed reasonably and that a guardian is entitled to do all things necessary for effectuating the conferment of the benefits of partnershipThere is no doubt that on a true in... | 0 | 1,650 | 504 | ### 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:
shall be terminated at the will of any of the partners(5) That the partners shall have a right to borrow any money require... |
Bishan Singh & Others Vs. Khazan Singh & Another | v. Amar Singh, AIR 1927 All 664 (1). We accept the view expressed by the Lahore High Court and East Punjab High Court in preference to that of the Allahabad High Court.18. In view of the aforesaid four Full Bench decisions - three of the Lahore High Court and the fourth of the East Punjab High Court - a further conside... | 1[ds]18. In view of the aforesaid four Full Bench decisions - three of the Lahore High Court and the fourth of the East Punjab High Court - a further consideration of the case is unnecessary. The settled law in the Punjab may be summarizedThe doctrine of lis pendens applies only to a transfer pendente lite, but it cann... | 1 | 5,831 | 891 | ### 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:
v. Amar Singh, AIR 1927 All 664 (1). We accept the view expressed by the Lahore High Court and East Punjab High Co... |
Commissioner of Income-Tax-4, Mumbai Vs. Karma Energy Limited (In Favour of Assessee) | to enable the group company to benefit. According to Mr. Mistri, the contention of the revenue is that subsequent transactions have been put into place all of which enure to benefit of the Weizmann group is incorrect. It is the revenues contention that the commission involved in the deal has been indirectly handed back... | 0[ds]10. Having heard both counsel and having perused the record, we find that the order of the Appellate Tribunal cannot be. Having heard both counsel and having perused the record, we find that the order of the Appellate Tribunal cannot befaulted. The order of the Appellate Tribunal in the set of appeals filed by the... | 0 | 2,044 | 418 | ### 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:
to enable the group company to benefit. According to Mr. Mistri, the contention of the revenue is that subse... |
Ishwari Khetan Sugar Mills Private Limited and Another Etc Vs. State of Uttar Pradesh and Others Etc | they can be styled as sick undertakings and become a drag on the economy of the area. There was no s cope for ploughing back the profits to rejuvenate the machinery because there was no profit. The situation had not improved even when managements of some of the undertakings were taken over under the IDR Act and, theref... | 0[ds]The scope and content of entry 52, List I and entry 24, List II has to be demarcated with precision to avoid a possible confusion likely to emanate from an interdependence and interaction of the two entries. Industry as a head of legislation is to be found in entry 24, List II with this limitation that it is subje... | 0 | 13,320 | 2,358 | ### Instruction:
Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction.
### Input:
they can be styled as sick undertakings and become a drag on the economy of the area. There was no s co... |
Pricol Limited Vs. Johnson Controls Enterprise Ltd. & Others | the present application under Section 11(6) of the Act would justify appropriate orders from the Court. It is also argued that the parties to the JVA have not excluded the application of Part I of the Act of 1996. The JVA has been signed earlier to the decision of this Court in Bharat Aluminium Company vs. Kaiser Alumi... | 0[ds]8. On a consideration of the respective submissions made by the parties and the several precedents cited at the bar, this Court is inclined to hold that clause 30.2, on a reasonable and meaningful construction thereof, would mean that in case the parties are not able to name a sole Arbitrator by mutual agreement, ... | 0 | 1,981 | 516 | ### 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 present application under Section 11(6) of the Act would justify appropriate orders from the Court. It is also... |
M/S. Chandulal & Company Limited & Others Vs. Natwarlal Chunilal Bhalakia & Others | of the Managing Agent shall be a sum based on a fixed percentage of the net annual profits of the company, with provision for a minimum payment in the case of absence of or inadequacy of profits, together with an office allowance to be defined in the agreement of management. Now, S. 87C was inserted in the Indian Compa... | 0[ds]As already stated above, in the resignation of Seth Chandulal Mashruwala as the Managing Agent, Seth Jethalal Purshottamdas came to be appointed in his place and the original cl. (15) in para. III of the objects of the defendant No. 1 Company was substituted by a new paragraph. The Board of Directors of defendant ... | 0 | 5,014 | 1,219 | ### 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:
of the Managing Agent shall be a sum based on a fixed percentage of the net annual profits of the company, w... |
P. N. Easwara Iyer Vs. P. N. Venkatasubramania Iyer and Others | determined and properties had been allotted according to the respective shares, the property at items Nos. 210 to 282 were set apart separately and entrusted to the possession of the first defendant for the purpose mentioned above. It is important to note that the deed does not mention that the ownership of the propert... | 0[ds]It seems to us desirable on considerations of equal justice and in order to maintain consistency in these cases that we should make no exception in regard to the claim of the eighteenth defendant, and she should be entitled to the same interest in theshare of the first defendant in "Venkata Vilas" as the second de... | 0 | 4,789 | 1,389 | ### 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:
determined and properties had been allotted according to the respective shares, the property at items Nos. 210 to ... |
State Bank of India & Another Vs. Mohammed Abdul Rahim | Sastry Award were not invoked and no departmental proceeding was initiated, the acquittal of the respondent has attained finality and, in effect would wipe out the initial conviction thereby entitling the respondent to back wages. Learned counsel for the respondent has also pointed out that in the decisions relied upon... | 1[ds]The issue relating to entitlement to back wages, however, stands on a somewhat different footing. While in Ranchhodji Chaturji Thakore (supra), Jaipal Singh (supra) and Baldev Singh (supra), the basis of refusal of back wages by this Court would appear to be the inability of the employer to avail of the service of... | 1 | 1,904 | 607 | ### 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:
Sastry Award were not invoked and no departmental proceeding was initiated, the acquittal of the respon... |
Messrs L. B. Ghosh and Sons Vs. Ashok Kumar Saraf | Gupta, J. This appeal arises out of a proceeding for restitution under Section 144 of the Code of Civil Procedure. The respondent obtained a decree for eviction against M/s L.B. Ghosh & Sons, appellant before us. This decree was ultimately set aside by the High Court in appeal. In the decree that was passed the appella... | 1[ds]The description of the petitioner in the application for restitution is the same as in the decree. We do not see any reason why the court giving effect to the order of restitution cannot take the decree as it stands. It may be stated here that in the suit the defendant had appeared through one Jatindra Mohan Ghosh... | 1 | 479 | 148 | ### 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:
Gupta, J. This appeal arises out of a proceeding for restitution under Section 144 of the Code of Civil Pro... |
Regional Director, E.S.I. Corporation Vs. Kerala State Drugs & Pharmaceuticals Ltd. and Ors | 1. The employees involved in these proceedings were engaged, according to the respondents, through its contractor for constructing vitamin A plant of the respondent-company. After the construction of the plant, the contractor and his employees were no longer connected with the respondents. It is thereafter that the app... | 1[ds]2. We are afraid that the two courts misconceived both the object of the Act and the purpose of the insurance scheme under it. The contribution which is levied on the employer in respect of the employees engaged by him directly or through another agency 1 is for the benefit of all workmen in general who are covere... | 1 | 735 | 514 | ### 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:
1. The employees involved in these proceedings were engaged, according to the respondents, through its contractor ... |
Akhilesh Kumar Singh Vs. State Of Jharkhand | levelled against Shri Kaushal Kumar Singh were almost identical except the charge No.1. According to the learned counsel, but as the purported misconduct committed by him but did not result in any personal gains, the disciplinary authority should have taken a lenient view. Our attention has been drawn to the order of p... | 0[ds]11. Charge No.1 framed against the appellant herein was a serious charge. He has been found guilty thereof. He tampered with the official records. Being only a Writer Constable, he could not have made an entry in the general diary as regards time of arrival of Company Commander. So far as Charge No.2 is concerned,... | 0 | 2,115 | 694 | ### 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:
levelled against Shri Kaushal Kumar Singh were almost identical except the charge No.1. According to the learned counsel, bu... |
K. M. Shanmugam Vs. The S. R. V. S. (P) Ltd. & Ors | marks, he was not given the permits as in the view of the said Authority he was guilty of misconduct. As between the other applicants, the appellant having secured the highest number of marks, he was given a permit. But on appeal the Appellate Tribunal re-allotted the marks and under the re-allotment the appellant got ... | 0[ds]In the result this Court allowed the appeal. This decision accepts two propositions, namely, (1) misconstruction or even disregard of the instructions, given by the Government does not confer a right upon an aggrieved party to file a writ, the said instructions are only administrative directions, and (2) the decis... | 0 | 6,554 | 676 | ### 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:
marks, he was not given the permits as in the view of the said Authority he was guilty of misconduct. As between ... |
THE STATE REPRESENTED BY THE DEPUTY SUPERINTENDENT OF POLICE Vs. TR. N. SEENIVASAGAN | , though the application for examination of witnesses was filed by the accused but, on the principles relating to the exercise of powers under Section 311, this Court observed, inter alia, as under: (SCC pp. 746 & 748-49, paras 8 &15) 8. Section 311 CrPC empowers the court to summon a material witness, or to examine a ... | 1[ds]13. In our view, having due regard to the nature and ambit of Section 311 of the CrPC, it was appropriate and proper that the applications filed by the prosecution ought to have been allowed. Section 311 provides that any Court may, at any stage of any inquiry, trial or other proceedings under the CrPC, summon any... | 1 | 2,933 | 1,612 | ### 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:
, though the application for examination of witnesses was filed by the accused but, on the principles relat... |
M/S. Shakthi Seeds Pvt. Ltd Vs. Dy. Commnr. (Ct) | that the department could not have required the appellant-dealer to produce evidence as regards accuracy or veracity of the declaration regarding the labelling. 3. In support of the appeal, learned counsel for the appellant reiterated its stand before the High Court. 4. Learned counsel for the respondent on the other h... | 1[ds]13. It appears that Tribunal proceeded on the basis that the seeds were required to be certified and truthfully labelled for the purpose of eligibility for exemption. In reality, as clearly stated in the clarificatory memorandum they are alternatives.14. The High Court also proceeded on the same basis overlooking ... | 1 | 1,761 | 172 | ### Instruction:
Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document.
### Input:
that the department could not have required the appellant-dealer to produce evidence as regards a... |
Bharat Petroleum Corporation Ltd Vs. Maharashtra General Kamgar Union | 518, and Ahmadi, J. (as he then was) in the context of Section 22(ii) of the Maharashtra Recognition of Trade Unions and Unfair Labour Practices Act, 1971, as also in the context of domestic enquiry, upheld the statutory restrictions imposed on delinquents choice of representation in the domestic enquiry through an age... | 1[ds]29. In the instant case, the Standing Orders as finally certified cannot be said either to be not in consonance with the Model Standing Orders or unreasonable or unfair.Model Standing Orders, no doubt, provided that a delinquent employee could be represented in the disciplinary proceedings through another employee... | 1 | 5,046 | 296 | ### 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:
518, and Ahmadi, J. (as he then was) in the context of Section 22(ii) of the Maharashtra Recognition of... |
Rallis India Ltd Vs. Poduru Vidya Bhusan | Criminal Complaint, we are of the considered opinion that sufficient averments have been made against the Respondents that they were the partners of the firm, at the relevant point of time and were looking after day to day affairs of the partnership firm. This averment has been specifically mentioned by the Appellant i... | 1[ds]14. Before concluding the present discussion, we also take this opportunity to strike a cautionary note with regard to the manner in which High Courts ought to exercise their power to quash criminal proceedings when such proceeding is related to offences committed by companies. The world of commercial transactions... | 1 | 2,150 | 534 | ### 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:
Criminal Complaint, we are of the considered opinion that sufficient averments have been made against the Res... |
Union Of India Vs. Mahindra & Mahindra Ltd | of the scheme. The new scheme was merely more comprehensive and the language employed more precise and definite. As in the old Section 4, the terms in which the value was defined remained the price charged by the Assessee in the course of wholesale trade for delivery at the time and place of removal. Under the new Sect... | 1[ds]18. In the present case the Assessee failed to bring the ascertainable price of the tractor, cost of transportation to depot, etc. to the notice of the High Court. The Assessee simply challenged the show-cause notices on the ground that the amended Section 4 is not applicable. The High Court without looking into t... | 1 | 5,237 | 164 | ### Instruction:
Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences.
### Input:
of the scheme. The new scheme was merely more comprehensive and the language employed more precise and definite. As in the... |
M/s. S.R. Ghosh Vs. Union of India | the price rise notification dated 3.7.1996 was to the knowledge and notice of the appellant, and as such, when the appellant executed the formal agreement on 16.09.1996, it consented to the position as it prevailed on that date. The entire controversy was examined in the aforesaid background. Clauses 16 and 43 were als... | 0[ds]We are of the considered view, that the assumption of the courts below, that the contractual obligation bound the parties when the formal agreement was executed on 16.09.1996 was based on an unacceptable foundation. When the offer made by the appellant in response to the tender notice dated 18.01.1996 was accepted... | 0 | 2,615 | 544 | ### Instruction:
Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document.
### Input:
the price rise notification dated 3.7.1996 was to the knowledge and notice of the appellant, and as suc... |
State Of Gujarat & Another Vs. Zinabhai Ranchhodji Darji & Ors | applied to the municipal borough of Surat prior to that borough becoming a City with effect from October 1, 1966. The Panchayats Act was thus in force in the municipal borough of Surat immediately preceding October 1, 1966 on which date Surat became a City. If follows that "municipal borough" in S. 310A (10) of the Pan... | 0[ds]As has been pointed out by the High Court if the city of Surat which was originally a municipal borough constituted under the Bombay Municipal Boroughs Act 1925 became a municipal borough under the deeming provisions of the Municipalities Act 1963 there would have been no difficulty in applying S. 310A (10) and it... | 0 | 3,847 | 1,521 | ### 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:
applied to the municipal borough of Surat prior to that borough becoming a City with effect from October 1, 1966.... |
KEYSTONE REALTORS PVT. LTD Vs. ANIL V. THARTHARE | while granting clearance for expansion which includes adding new components to the existing industrial operations etc. This has allowed several projects to continue their activities and expand despite blatant non compliance. Finally, it is only with industrial, thermal power and other such related operations that one c... | 0[ds]14. The dangers effectively articulated by the learned counsel for the first respondent are real. If clause (ii) of paragraph 2 does not cover a case where the expansion is within the limits stipulated by the Schedule, a project proponent may incrementally keep increasing the size of the project area over time res... | 0 | 4,726 | 1,018 | ### 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:
while granting clearance for expansion which includes adding new components to the existing industrial opera... |
E.P.F.Commissioner Vs. O.L.Of Esskay Pharmaceuticals Ltd | does not afford any clear solution in this case.”“It is, therefore, desirable to determine the overriding effect of one or the other of the relevant provisions in these two Acts, in a given case, on much broader considerations of the purpose and policy underlying the two Acts and the clear intendment conveyed by the la... | 1[ds]The argument of Shri Gaurav Agrawal that the non obstante clause contained in the subsequent legislation, i.e. Section 529A(1) of the Companies Act should prevail over similar clause contained in an earlier legislation, i.e. Section 11(2) of the EPF Act sounds attractive, but if the two provisions are read in the ... | 1 | 13,720 | 988 | ### 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:
does not afford any clear solution in this case.”“It is, therefore, desirable to determine the overriding effect of one or ... |
State of Punjab and Another Vs. Murlidhar Mahabir Parshad | S.T.C. 976). The points which arose in that case for determination were : (1) when can a proceeding be said to commence and (2) if a proceeding has commenced within the prescribed period but is pending when such period expires and an order is finalised thereafter, whether such an order is invalid on the ground of its b... | 1[ds]This decision therefore clearly lays down the principle that in the case of a registered dealer the proceedings before the Commissioner start factually when a return is made or a notice is issued and no question of limitation would arise where such proceedings are taken before the expiry of the prescribed period o... | 1 | 2,415 | 272 | ### 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:
S.T.C. 976). The points which arose in that case for determination were : (1) when can a proceeding be sai... |
Unlon Of Lndla & Others Vs. Sripati Ranjan Biswas And Another | imposed on you by the Disciplinary Authority (viz the Collector of Customs, Calcutta is not excessive or severe and that your appeal should be rejected. The President hereby orders accordingly. A copy of the U. P. S. Cs. letter No. F. 3/56/68-61 dated 26-10-1968 and a copy of the order passed by the Minister on behalf ... | 1[ds]Such a question falls within the ambit of a purely executive function of the President in the case of the Union Government and of the Governor in the case of a State. In the present case, such a function being ultimately an executive function of the President, the fact that the final order is preceded or accompani... | 1 | 1,749 | 302 | ### 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:
imposed on you by the Disciplinary Authority (viz the Collector of Customs, Calcutta is not excessive or severe a... |
Commissioner Central Excise Vs. M/S.United Spirits Ltd | to pay excise duty, sales tax, etc. because the activity did not constitute manufacture.”29. At this juncture, it is obligatory to state that revenue has heavily relied upon on Pepsi Foods Ltd. (supra). In the said case the Court had found that the consideration payable as royalty was an inevitable consequence of the s... | 1[ds]32. In the case at hand, as we find from the order of the tribunal the exact nature of the process undertaking and how mixing is undertaken and the process involved is not discernible and has not been ascertained and commented. It remains ambiguous and inconclusive. The respondent claims that about 26% of the sale... | 1 | 10,208 | 305 | ### 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 pay excise duty, sales tax, etc. because the activity did not constitute manufacture.”29. At this juncture, it is oblig... |
Shyamsunder Tikam Shet & Anr Vs. State Of Maharashtra & Anr | the payment of the village revenue, while the village lands which he has to manage in accordance with the restrictions mentioned in the Kabulayat fall under three distinct classes. These are (1) Dharekari lands the tenants of which have a transferable and heritable right paying Dhara alone to the Khot; (2) Khot-nisbat ... | 0[ds]6. The legal position is well established that khotis in the district of Kolaba are hereditary farmers of land revenue and are entitled to hold villages as khotis on their entering every year into the customarywish to make it clear that it will be open to the appellants to show before the Special Duty Collector ho... | 0 | 3,186 | 420 | ### Instruction:
Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences.
### Input:
the payment of the village revenue, while the village lands which he has to manage in accordance with the restrictions men... |
Sunaina Sharma Vs. The State Of Jammu And Kashmir | fulfilling the other requirement of the rules.12. As far as the present case is concerned, Rule 23 of the Civil Services Rules has been extracted hereinabove. It, no doubt, postulates the appointment of a probationer to the service on a date anterior to his regular appointment. However, this is subject to two condition... | 1[ds]7. Since judgment in Suraj Prakashcase (supra) deals with very same Rules which fall for consideration in the present case, it is relevant for decision of our case. There is however, one marked difference between this case and the case of Suraj Prakash Gupta (supra). In Suraj Prakash Gupta (supra) all the promotee... | 1 | 5,747 | 1,369 | ### 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:
fulfilling the other requirement of the rules.12. As far as the present case is concerned, Rule 23 of the Civil Services R... |
Sicom Limited Vs. Official Liquidator, High Court ) Bombay As Liquidator of Set ) Telecommunications Limited & Others | the 1990 Mortgage Deed is concerned, it is not necessary to go into the background as to why the said Mortgage Deed was executed but probably it seems there were negotiations between the parties and thereafter the loan advanced to the company in liquidation, seems to be restructured leading to the novation of the contr... | 1[ds]9. A reading of the aforesaid clauses therefore discloses that in so far as the clause in the 1989 Mortgage Deed is concerned, the interest was payable @ 15.5% by half yearly rests on the date specified in the said clause and the proviso was made to pay additional / compound interest @ 2.5% p.a. over and above the... | 1 | 2,639 | 1,149 | ### 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 1990 Mortgage Deed is concerned, it is not necessary to go into the background as to why the said Mortgage De... |
Pyare Lal Etc Vs. New Delhi Municipal Committee & Anr | article 998 at page 586 headed "regulation of street trading." The learned author thus summarised the law in England :-"Subject to certain exceptions it is unlawful for any person to engage in street trading in or from a stationary position in any street within a metropolitan borough, or to engage in street trading in ... | 0[ds]In our opinion the bye-laws under Section 188 (u) had to be made for an altogether different purpose.Sections 172 and 173 are generally aimed at preventing any encroachments over public streets which cause obstruction thereon.The expression "goods for sale" in clause (c) of Section 173(1) or "stall" in clause (e) ... | 0 | 4,999 | 745 | ### 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:
article 998 at page 586 headed "regulation of street trading." The learned author thus summarised the law in Engla... |
Shiv Shakti Coop.Housing Society Vs. M/S. Swaraj Developers | both what is described technically as an appeal and also the common law writ of error. As Mr. Justice Subramania Ayyar observes in Chappan vs. Moidin, 22 Mad 68 at p.80 the two things which are required to constitute appellate jurisdiction are the existence of the relation to superior and inferior Court and the power, ... | 0[ds]A plain reading of Section 115 as it stands makes it clear that the stress is on the question whether the order in favour of the party applying for revision would have given finality to suit or other proceeding. If the answer is yes then the revision is maintainable. But on the contrary, if the answer is no then t... | 0 | 6,014 | 384 | ### 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:
both what is described technically as an appeal and also the common law writ of error. As Mr. Justice Subrama... |
Vidya Vati Vs. The State Of Punjab & Ors | If the land so selected was in the possession of a tenant, he could, subject to the restrictions contained in S. 7-A, evict the tenant. The lands which were not selected for personal cultivation by the landowner could be purchased by the tenant in the manner and subject to the conditions provided in S. 22. The Legislat... | 0[ds]The entire argument is raised on an assumption that S. 32 A (1) operates only at the date on which the Act was brought into operation that argument, in our judgment, is contrary to the plain teens of S. 32-A (1). It is true that Ss. 32-L and 32-M expressly deal with certain classes of acquisitions after the date o... | 0 | 2,423 | 964 | ### 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:
If the land so selected was in the possession of a tenant, he could, subject to the restrictions contai... |
Narmadeshwar Prasad Singh Vs. State of Bihar | N.L. UNTWALIA, J. This appeal by special leave from the judgment of the Patna High Court given in a writ petition is filed by the appellants. The short question which fell to be decided in the High Court and deserves our consideration is whether the reserve Jama fixed at Rs. 5, 000 per year by the Collector under the B... | 0[ds]4. In the instant case it appears to us that the figures of the reserve Jamas for the preceding three years were not available. The Collector, therefore, proceeded to fix it under clause (ii) of Rule 7(u) of the Rules. It was fixed at Rs. 5, 000 per year and that was approved by the Commissioner also. There was no... | 0 | 767 | 194 | ### 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:
N.L. UNTWALIA, J. This appeal by special leave from the judgment of the Patna High Court given in a writ pet... |
Indian Oil Corporation Vs. Indian Carbon Ltd | made their submissions as to what actually happened and what is the result in terms of their respective rights and liabilities. All this will be fresh in the arbitrators minds and there will be no need for further written submissions by the parties. No particular form of award is required. Certainly no one wants a form... | 0[ds]9. In a case of this nature, issues are simple, points are fresh and facts are clear, the reasons given by the arbitrator, in our opinion, meet the requirements of a reasoned award. It is apparent that the arbitrator has not acted irrelevantly or unreasonably. Arbitration procedure should be quick and that quickne... | 0 | 3,522 | 384 | ### 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:
made their submissions as to what actually happened and what is the result in terms of their respective rig... |
Amrit Bhanu Shali Vs. National Insurance Co. Ltd. | the general practice is to apply standardised deductions. Having considered several subsequent decisions of this Court, we are of the view that where the deceased was married, the deduction towards personal and living expenses of the deceased, should be one-third (1/3rd) where the number of dependent family members is ... | 1[ds]17. The selection of multiplier is based on the age of the deceased and not on the basis of the age of dependent. There may be a number of dependents of the deceased whose age may be different and, therefore, the age of dependents has no nexus with the computation of compensation.The appellants produced Income Tax... | 1 | 2,956 | 650 | ### Instruction:
Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case.
### Input:
the general practice is to apply standardised deductions. Having considered several subsequent decisions of ... |
COMMISSIONER OF WEALTH TAX, BANGALORE Vs. SUDIN PANDURANG TIMBLO (SMT) | these appeals filed by the Commissioner of Wealth-tax against the assessee in appeals of 1980, and the wife of the assessee in appeals of 1990 are as follows. They were governed by the Portuguese Civil Code. They were married according to custom, without having any ante-nuptial agreement to keep the property separately... | 0[ds]6. We have heard learned Counsel for the parties at length. We do not propose to express any considered opinion as learned Counsel appearing for the Department fairly accepted that the Act had been amended on April 1, 1989, and what was provided in the circular has how been incorporated in the Schedule itself. Tha... | 0 | 1,130 | 163 | ### 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:
these appeals filed by the Commissioner of Wealth-tax against the assessee in appeals of 1980, and the wife... |
Union of India and Ors Vs. Abhishek Pandey | L. NAGESWARA RAO, J. 1. These Appeals are filed against the judgment of the Armed Forces Tribunal, Regional Bench, Lucknow (hereinafter, the Tribunal) by which the order of discharge of the Respondent dated 17.01.2013 was set aside. The Tribunal directed the payment of back wages to the extent of 25 per cent. 2. The Re... | 1[ds]The Air Force Policy dated 16.12.1996 was issued by the Air Force Headquarters, prescribing the procedure to be followed while processing the cases of habitual offenders. According to the Policy, an Airman is entitled to be issued a precautionary warning (being a habitual offender). The Airman has to be informed t... | 1 | 1,111 | 489 | ### 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:
L. NAGESWARA RAO, J. 1. These Appeals are filed against the judgment of the Armed Forces Tribunal, Regional Bench, Lucknow... |
Manager, M/S. Pyarchand Kesarimal Ponwal Bidi Factory Vs. Omkar Laxman Thange & Ors | is hired or even the manner in which it is to be done. But if the employee fails to carry out his directions he cannot dismiss him and can only complain to the employer. The right of dismissal vests in the employer.9. Such being the position in law, it is of the utmost importance in the present case that the appellants... | 0[ds]5. As to the first contention, it would not be correct to say that the High Court made out a new case for the first time for Respondent 1 which was not pleaded by him before the Assistant Commissioner. In Para 1 of his application he had expressly averred that about three years after his employment in the factory ... | 0 | 4,451 | 803 | ### 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:
is hired or even the manner in which it is to be done. But if the employee fails to carry out his directions... |
K.M. Viswanatha Pillai Vs. K.M. Shanmugham Pillai | and in relation to a motor vehicle which is the subject of a hire purchase agreement, the person in possession of the vehicle under that agreement. (20) permit means the document issued by the commission or a State or Regional Transport Authority authorising the use of a transport vehicle as a contract carriage, or sta... | 1[ds]There has been a conflict of opinion between the different High Courts as to the inference following that amendment. It seems to us that the High Court of Allahabad in Khalil-ul-Rahman Khan v. State Transport Appellate Tribunal, AIR 1963 All 383 at p. 388 rightly gives the effect of the amendment10. We agree wit... | 1 | 2,016 | 270 | ### 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:
and in relation to a motor vehicle which is the subject of a hire purchase agreement, the person in possessio... |
Boloram Bordoloi Vs. Lakhimi Gaolia Bank & Ors | authority. It is submitted that having regard to charges framed against the appellant, punishment imposed cannot be said to be disproportionate. Further it is submitted that after enquiry is completed it is always open for the disciplinary authority to indicate the punishment in the show cause notice, by enclosing a co... | 0[ds]8. Even, the last submission of the learned counsel for the appellant that the punishment imposed is disproportionate to the gravity of charges, also cannot be accepted. The charges framed against the appellant in the departmental enquiry are serious and grave. If we look at the response, in his letter dated 16.08... | 0 | 1,881 | 941 | ### 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:
authority. It is submitted that having regard to charges framed against the appellant, punishment imposed can... |
The Indure Ltd. & Another Vs. Commercial Tax Officer & Others | of the territory of India. Conversely, in order that the sale should be one in the course of import it must occasion the import and to occasion the import there must be integral connection or inextricable link between the first sale following the import and the actual import provided by an obligation to import arising ... | 1[ds]We have already mentioned hereinabove that alongwith MS Pipes, the disputed goods in this Appeal, the Company had also imported 11 other components/items to be used in the plant for its erection and commissioning. Other 11 imported goods, utilised by the Company in the erection of the plant have been held to be sa... | 1 | 6,215 | 2,011 | ### 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:
of the territory of India. Conversely, in order that the sale should be one in the course of import it must o... |
UNION OF INDIA & ANOTHER ETC. ETC Vs. M/S V.V.F. LIMITED & ANOTHER ETC.ETC | of excise duty which are manufactured on paper. Therefore, it can be said that the object of the subsequent notifications/industrial policies was the prevention of tax evasion. It can be said that by the subsequent notifications/industrial policies, they only rationalizes the quantum of exemption and proposing rate of ... | 1[ds]12. Now, so far as the decisions relied upon by the learned counsel appearing on behalf of the respective original writ petitioners-respondents herein are concerned, once it is held that the subsequent notifications/industrial policies impugned before the respective High Court are clarificatory in nature and it do... | 1 | 11,761 | 1,572 | ### Instruction:
Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document.
### Input:
of excise duty which are manufactured on paper. Therefore, it can be said that the object of the subsequent... |
M/S Ram Barai Singh & Co Vs. State Of Bihar | in refunding the security deposit and against the direction for recovery of labour escalation cost. The respondents did not raise plea of arbitration clause and that writ petition was disposed of on 20.09.2006 allowing 12% interest on account of delay in payment of security amount. The issue of labour escalation cost w... | 1[ds]In our considered view, the aforesaid two decisions did not warrant setting aside of the judgment of learned Single Judge without going into merits and dismissing the writ petition at appellate stage on ground of alternative remedy when no such objection was taken by the respondents either before the writ court or... | 1 | 1,453 | 350 | ### Instruction:
Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding.
### Input:
in refunding the security deposit and against the direction for recovery of labour escalation cost. T... |
The State Of Madras Vs. M/S. Radio And Electricals Ltd. Etc | is open to challenge in an appropriate proceeding before the High Court and even before this Court. Correctness or propriety of satisfaction of the notified authority in issuing the certificate in Form B that the goods are likely to be required for the purpose of the business would not however be again open to challeng... | 0[ds]It is implicit in the context in which these observations occur that if the purchasing dealer holds a valid certificate specifying the goods which are to be purchased, and furnishes the required declaration to the selling dealer, the selling dealer becomes on production of the certificate entitled to the benefit o... | 0 | 4,960 | 1,789 | ### 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:
is open to challenge in an appropriate proceeding before the High Court and even before this Cour... |
The State Of Tamil Nadu Vs. Sri Srinivasa Sales Circulation Etc | be a sale at all. Consequently, the High Court held that since the transactions involved in the scheme of the assessee are not sale, the assessee are not liable to be taxed as sales under Section 3(1) of the Act and, therefore, allowed the revision, set aside the order of the Assessing Officer, Appellate Assistant Comm... | 1[ds]14. It may be stated that in order to constitute a sale under the Sale of Goods Act, it is essential to establish that there is an agreement between the parties for transfer of title to the goods and that such agreement should be supported by money consideration and as a result of the transaction the goods, articl... | 1 | 2,566 | 730 | ### 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:
be a sale at all. Consequently, the High Court held that since the transactions involved in the schem... |
SAI WARDHA POWER GENERATION LIMITED Vs. THE TATA POWER COMPANY LIMITED DISTRIBUTION & ORS | The basis for the order of the Commission dated 12.03.2018, allowing the petition filed by the HPCL is two- fold. Firstly, the Commission held that transmission licence was granted to TPC-T on 14.08.2014, in which the two110 kV Trombay - HPCL lines were shown as a part of TPC-T. The Commission observed that as long as ... | 1[ds]17. Admittedly, separate licenses for transmission and distribution to TPC-T and TPC-D respectively were granted in 2014. There is no dispute that TPC-T included the 2x110 kV lines in its transmission assets. The network roll out plan submitted by TPC-D included lines upto 33 kV in its distribution network. An app... | 1 | 3,170 | 608 | ### Instruction:
Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document.
### Input:
The basis for the order of the Commission dated 12.03.2018, allowing the petition filed by the HPCL is ... |
Management Of Vishnu Sugar Mills Limited,Harkhua, District Vs. Their Workmen Represented By Chini Mill Mazdoor Union,Hark | Central Government. Reliance is placed on the words "concerning any such controlled industry as may be specified in this behalf by the Central Government" appearing in S. 2 (a) (i). It is true that sugar is a controlled industry under the Industries (Development and Regulation) Act, 1951 but that in our opinion does no... | 1[ds]It is true that sugar is a controlled industry under the Industries (Development and Regulation) Act, 1951 but that in our opinion does not conclude the matter. In order that the appropriate government under S. 2 (a) (i) may be the Central Government for a controlled industry, it is necessary that such controlled ... | 1 | 2,219 | 980 | ### 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:
Central Government. Reliance is placed on the words "concerning any such controlled industry as may be specif... |
High Court Of Gujarat Vs. Gujarat Kishan Mazdoor Panchayat | of nomination as provided under the Rules, was arrived at, after considering all aspects, not only that the process of selecting the person to be recommended to the Government was also undertaken transparently and before taking the decision, the matter was considered from time and again by the Standing Committee of the... | 1[ds]16. In our opinion, in the case of appointment of President of the Industrial Court by nomination, it is not necessary that he must be appointed as Member at the first instance. Section 10(2) of the B.I.R. Act deals with the composition of Industrial Court, which does not lay down the mode of appointment. The word... | 1 | 7,005 | 892 | ### 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:
of nomination as provided under the Rules, was arrived at, after considering all aspects, not only that the process of se... |
N. Raghavendra Rao Vs. Deputy Commissioner, South Kanara,Mangalore | not be appropriate to provide for any protection in the matter of these conditions." Therefore, it is evident from this memorandum that the Central Government had told the State Government that they might, if they so desire, change service rules as indicated in the memorandum. But Mr. Garg argues that even so this does... | 0[ds]In our opinion, the setting in which the proviso to Section l15 (7) is placed, the expression "previous approval" would include a general approval to the variation in the conditions of service within certain limits, indicated by the Union Government. It has to be remembered that Art. 309 of the Constitution gives,... | 0 | 1,764 | 530 | ### 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:
not be appropriate to provide for any protection in the matter of these conditions." Therefore, it is evident from this m... |
May and Baker (India) Limited Vs. J.S. Coutinho, National Union of Commercial Employees | M.L. PENDSE, J.( 1 ) THE short question which falls for determination in this petition filed under Articles 226 and 227 of the Constitution of India is whether for the purpose of calculating gratuity, a days wage is to be arrived at by dividing a months wages by 26 days or number of actual working days in a month. The ... | 1[ds]The Appellate Authority is clearly in error inthe Supreme Court judgment in this fashion. The Appellate Authority also overlooked that Respondent No. 1 was covered by the provision of the Act only till June 1972 and the Company started working for 22 days in a month only after June 1972 and that too because of the... | 1 | 1,083 | 139 | ### 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:
M.L. PENDSE, J.( 1 ) THE short question which falls for determination in this petition filed unde... |
Bansi Lal Kaul Vs. State of Jammu and Kashmir | SIKRI, J. 1. This is a petition under Article 32 of the Constitution challenging the petitioners detention. It was stated in the petition that the petitioner was arrested on June 25, 1970 and was detained in Police Station Koti Bagh, till June 26, 1970, without any warrants. It was further stated that the petitioner wa... | 0[ds]5. This petition was heard immediately after Writ Petition No. 310 of 1970, in which we have just delivered judgment.The only additional point raised by the learned counsel was that as Order No. PDA/DMS/86/70, dated June 25, 1970, which directed that the petitioner be informed that it was against public interest t... | 0 | 693 | 206 | ### 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:
SIKRI, J. 1. This is a petition under Article 32 of the Constitution challenging the petitioners detention. ... |
SRI ABHYUDAYA KUMAR SHAHI Vs. M/S. BHARAT PRADHAN FILLING CENTRE | 1. Leave granted. 2. In this appeal, the appellant, said to be the Chief Divisional Retail Sales Manager, Divisional Office, Indian Oil Corporation Limited, Gorakhpur has questioned the order dated 30.09.2021, as passed by the High Court of Judicature at Allahabad in Contempt Application (Civil) No. 3938 of 2021, where... | 1[ds]10. In view of the subsequent events above-mentioned, it is but clear that the present respondent has given up its insistence for decision of the appeal by way of erstwhile mechanism, and rightly so because, even if the respondent (writ petitioner) had the right of consideration of appeal, it had no corresponding ... | 1 | 888 | 142 | ### Instruction:
Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction.
### Input:
1. Leave granted. 2. In this appeal, the appellant, said to be the Chief Divisional Retail Sales Manager, Divisional Office,... |
State of Madhya Pradesh Vs. Shamshersingh & Another | law now stands in any prosecution under the Act which requires a culpable mental state on the part of the accused, the same must be presumed unless the accused proves that he had no such mental state with respect to the offence for which he is tried. Now according to the explanation to Section 10-C(1) culpable mental s... | 1[ds]6. Taking up the first question for consideration, we may at once state that the trial Magistrate and the High Court have failed to comprehend and construe Section 7(1) of the Act in its fullplain reading of the section after its amendment made it clear that by the amendment, the legislature intended to impose str... | 1 | 3,363 | 902 | ### 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:
law now stands in any prosecution under the Act which requires a culpable mental state on the part of the ... |
Dhulabhai And Others Vs. The State Of Madhya Pradesh And Another | 1965 SC 1942 ) can be said to run counter to the series of cases earlier noticed. The result of this inquiry into the diverse views expressed in this Court may be stated as follows:(1) Where the statute gives a finality to the orders of the special tribunals the civil courts jurisdiction must be held to be excluded if ... | 1[ds]In notifying the rate provision was made for rates in respect of importers, the point of time being the import. As the import itself postulated movement of goods, the matter fell within Article 301 and as trade and commerce is declared to be free throughout the territory of India, it became unfree by reason of the... | 1 | 9,852 | 442 | ### 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:
1965 SC 1942 ) can be said to run counter to the series of cases earlier noticed. The result of this inquiry into the div... |
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