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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Narayanlal Bansilal Pittie Vs. Tarabai Motilal (Dead) By L.Rs | a claim could naturally have been made in the curse of the settlement. The conduct of Tarabai and the great delay in institution of the suit coupled with the absence of any documentary evidence which may even indirectly support the case plaintiffs raise great doubt upon the truth of the story set up in her plaint.19. f... | 1[ds]18. A clinching circumstance is that Tarabai made no claim, when the parties negotiated a settlement of the suit filed by Pittie on the mutual, open and current account and paid the amount settled in two instalments without demanding that her claim against Pittie may be given credit for. If there was truth in the ... | 1 | 5,719 | 644 | ### 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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a claim could naturally have been made in the curse of the settlement. The conduct of Tarabai and the great delay in inst... |
SRI MARTHANDA VARMA (D) THR. LRs. & ANR Vs. STATE OF KERALA & ORS | in terms of Section 20 of the TC Act to advise the Ruler of Travancore. D) By Order dated 11.12.2013, Conservation and Restoration Committee was appointed for Structural Renovation and Restoration. E) Since the Executive Officer proceeded on leave, an Interim Administrative Committee was appointed vide Order dated 24.0... | 1[ds]46. Thereafter, the learned counsel for the parties advanced submissions with regard to the Reports of the learned Amicus Curiae and Mr. Vinod Rai. This exercise involved entering into various factual issues for the first time in this Court. Since no adequate opportunity was afforded to various stakeholders involv... | 1 | 68,000 | 13,242 | ### 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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in terms of Section 20 of the TC Act to advise the Ruler of Travancore. D) By Order dated 11.12.2013, C... |
R. M. Subbaraj Vs. Kodaikanal Motor Union (P) Ltd | Ray, J. 1. This appeal is by certificate from the judgment, dated August 11, 1964, of the High Court of Madras reversing the decision of the learned Single Judge. The High Court issued a writ quashing the order of the State Transport Appellate Tribunal, Madras and directed the Appellate Tribunal to determine the questi... | 0[ds]9. This Court has in several decisions held that the Regional Transport Authority discharges quasi-judicial function in dealing with applications for permits and evaluating the rival claims of the parties for the grant of permit. Section 43-A of the Motor Vehicles Act, 1939 as inserted by the Madras Amending Act 2... | 0 | 897 | 299 | ### 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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Ray, J. 1. This appeal is by certificate from the judgment, dated August 11, 1964, of the High Court of... |
P.G. Joshi & Others Vs. Director General, Posts & Telegraphs, New Delhi & Others | strength of a service or a part of a service sanctioned as separate unit."13. There are no materials to hold that the posts of Wireless Licence Inspector and Town Inspector have been sanctioned as separate units. No separate time-scale has been provided for Wireless Licence Inspectors and Town Inspectors and, the time-... | 1[ds]13. There are no materials to hold that the posts of Wireless Licence Inspector and Town Inspector have been sanctioned as separate units. No separate time-scale has been provided for Wireless Licence Inspectors and Town Inspectors and, the time-scale clerks who were appointed to these posts, continued in the same... | 1 | 2,479 | 586 | ### 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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strength of a service or a part of a service sanctioned as separate unit."13. There are no materials ... |
Anand Estate Private Limited Vs. Deputy Commissioner of Income Tax | F.I. REBELLO, J.Both these Appeals preferred by the assessee raise the following substantial questions of law. Hence both these appeals are being disposed of by this common order.2. Appeals raise the following substantial questions of law:-"I. Whether on the facts and in law the Honble Tribunal erred in not deciding th... | 0[ds]From a plain and literal reading of the aboveit is clear that it is only the building or land appurtenant thereto other than building or part thereof used by the assessee for the purpose of his business or as residential accommodation for his employees and the like which would be excluded. If the asset is not used... | 0 | 1,121 | 311 | ### 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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F.I. REBELLO, J.Both these Appeals preferred by the assessee raise the following substantial questions of law. Hence both... |
BANK OF BARODA Vs. KOTAK MAHINDRA BANK LTD | create a fresh period for enforcing the decree. 16. We clarify that for the purpose of this judgment we have used the expressions, cause country which will mean the country in which the decree was issued (in this case England), and forum country which would mean the country in which the decree is sought to be executed ... | 0[ds]From a bare reading of Section 44A CPC it is crystal clear that it applies only to money decrees and not to other decrees13. At the outset, we may note that we are not at all in agreement with the submission of Shri K.K. Venugopal that no limitation is applicable. These are not writ proceedings but execution proce... | 0 | 3,290 | 2,520 | ### 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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create a fresh period for enforcing the decree. 16. We clarify that for the purpose of this judgment we have used the expre... |
T.N. GODAVARMAN THIRUMULPAD Vs. UNION OF INDIA AND ORS. & ORS | Kulem by NBWL should be revoked for the reasons as stated hereinafter. 20. The Ministry of Railways or RVNL have failed to provide any substantial basis for the requirement of doubling the railway line by addressing the impact which it would have on the habitat and the damage that it would cause to the environment. RVN... | 1[ds]15. Adherence to the principle of sustainable development is a constitutional requirement. While applying the principle of sustainable development one must bear in mind that development which meets the needs of the present without compromising the ability of the future generations to meet their own needs. Therefor... | 1 | 4,798 | 1,570 | ### 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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Kulem by NBWL should be revoked for the reasons as stated hereinafter. 20. The Ministry of Railways or RVNL have f... |
Life Insurance Corporation Of India Vs. Rajmata Saheb Chowhanji & Ors | and agreed to allot the said 1000 shares to plaintiff No.4". "8(a) ......................... ...... The plaintiffs submit that the transaction of selling the said 2000 shares of defendant No. 1 Company and registering the same as aforesaid in the names of plaintiffs No. 2 to 4 with a guarantee of minimum return is ultr... | 0[ds]As regards the first contention we find absolutely no substance in the same. There was absolutely no pleading by the defendants that the monies were received by the Managing Director personally and that the same did not go to the coffers of the company.If the share scrips were issued, to the plaintiff then it must... | 0 | 1,808 | 518 | ### 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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and agreed to allot the said 1000 shares to plaintiff No.4". "8(a) ......................... ...... The... |
A.K. Roy & Another Vs. Voltas Limited | the less the "wholesale cash price" for the purpose of Section 4 (a), even if these sales were made pursuant to agreements stipulating for certain commercial advantages, provided the agreements were entered into at arms length and in the ordinary course of business.20. The next question is: what exactly is the meaning ... | 0[ds]19. There can be no doubt that the "wholesale cash price" has to be ascertained only on the basis of transactions at arms length. If there is a special or favoured buyer to whom a specially low price is charged because of extra-commercial considerations, e.g., because he is relative of the manufacturer, the price ... | 0 | 4,350 | 1,287 | ### Instruction:
Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text.
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the less the "wholesale cash price" for the purpose of Section 4 (a), even if these sales were made pursuant to agreement... |
State Bank of Travancore Vs. Mohammed Mohammed Khan | said so. We are not impressed by this submission. Section 2 (4) which defines a "debt" had to provide that debt means a liability due from or incurred by an agriculturist "on or before the commencement" of the Act. It could not be that liabilities incurred before the commencement of the Act would be "debts" even though... | 0[ds]As stated above, the respondent is admittedly an agriculturist and he owes a sum of money to the appellant Bank under a decree passed in its favour by the Sub-Court, Meenacil, in O.S. No. 28 of 1963. The liability which the respondent owes to the appellant Bank is therefore a "debt" within the meaning of section 2... | 0 | 5,461 | 2,174 | ### Instruction:
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said so. We are not impressed by this submission. Section 2 (4) which defines a "debt" had to provide... |
Ram Bharosey Lal Krishan Kumar Vs. State of U.P | goods specified therein, sales tax not exceeding the maximum rate for the time being specified in s. 15 of the Central Sales Tax Act, 1956 can be levied by the State Government on the turnover in respect of sales by dealers to the consumers. From an analysis of this provision, we get the following :1. that tax to be le... | 0[ds]14. It may be noted that s. 3-D was incorporated into the Act much later than s. 3AA. As seen earlier s. 3AA was incorporated into the Act on April 1, 1956 whereas s. 3-D was added on August 1, 1958. At the time the legislature incorporated into the Act sec. 3-D. it must have been aware of the existence of sec. 3A... | 0 | 1,984 | 410 | ### Instruction:
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goods specified therein, sales tax not exceeding the maximum rate for the time being specified in s. ... |
N. C. Mukherjee and Company Vs. Union of India, and Others (And Others Writ Petitions) | SUBBA RAO C.J. 1. These four appeals by certificate granted by the High Court of Calcutta are filed against the common judgment and order of that court in four civil revision cases arising but of the proceedings under the Excess Profits Tax Act, 1940 (Act XV of 1940) The facts may be briefly stated. The appellant was a... | 0[ds]3. Learned counsel for the respondents did not retract from the said position. But, though the High Court delivered the judgment as early as on September 26, 1962, and more than 4 years passed by, nothing seems to have been done by the concerned Income-tax Officer to ascertain the amounts refundable to the firm or... | 0 | 886 | 112 | ### Instruction:
Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding.
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SUBBA RAO C.J. 1. These four appeals by certificate granted by the High Court of Calcutta are filed against the common jud... |
S.H. Motor Transport Company Vs. Motilal & Others | the provident fund. On the other hand, workmen used to get only ten days leave in a year and were not entitled to the benefit of the provident fund prior to 1948. The attendance register of the supervisory staff was separate from that of workmen. He was not required to take a token only workmen were given token. His at... | 0[ds]We have heard the parties on the preliminary objection as well as on merits and, in our opinion, there is considerable force in this preliminary objection raised on behalf of respondent No. 1, though we have not preferred to dismiss the petition upholding only the preliminary objection.The petitioner has stated in... | 0 | 4,410 | 2,470 | ### 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 provident fund. On the other hand, workmen used to get only ten days leave in a year and were not entitled to... |
Gorkha Ram & Others Vs. Custodian General of India, Delhi & Others | brick house without the consent of the proprietor .......If any person dies heirless his house reverts to the possession of the proprietor of the estate in which it is situate."The mendicants are mentioned as one of the types of non-proprietors settled in the Shamlat of the estate. It is clear from these provisions tha... | 1[ds]The occasion when they will not be extinguished would be when a tenant becomes an evacuee within the meaning of the Act, or thereafter. It follows the sub-sec. (1) of S. 18 provided for the non-extinguishment of those occupancy rights which would have been extinguished otherwise on the tenants becoming an evacuee ... | 1 | 2,553 | 862 | ### 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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brick house without the consent of the proprietor .......If any person dies heirless his house reverts to the pos... |
Assistant Collector of Central Excise, Guntur Vs. Ramdev Tobacco Company | can be inferred that the general words were not intended to be so limited and no absurdity or unintended and unforeseen complication is likely to result if they are allowed to take their natural meaning. The cardinal rule on interpretation is to allow the general words to take their natural wide meaning unless the lang... | 1[ds]5. The rule of ejusdem generis is generally invoked where the scope and ambit of the general words which follows certain specific words (which have some common characteristic and constitute a genus) is required to be determined. By the application of this rule the scope and ambit of the general words which follow ... | 1 | 3,121 | 582 | ### Instruction:
Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction.
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can be inferred that the general words were not intended to be so limited and no absurdity or unintended and unforeseen comp... |
M/S.J.K. Sons Vs. M/S.Parksons Games & Sports 41-B & Another | renowned, reputed and well known name/mark. The State Express 555 mark, packaging and/or carton is globally well known, renowned and/or has transborder reputation. To dispute the ownership of the State Express 555 intellectual property, is to say the least, dishonest and fallacious. No material in support of theses all... | 0[ds]8. In Abdul Cadar Allibhoys case the Full Bench found that the plaintiffs label was designed by combining the labels of four other manufacturers. It was submitted that the plaintiffs labels or trade marks were so tainted in their conception and origin, that it could not form the basis of any reliefs. The question ... | 0 | 4,395 | 979 | ### Instruction:
Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation.
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renowned, reputed and well known name/mark. The State Express 555 mark, packaging and/or carton is globally ... |
Vasant Vithal Prabhu Vs. Union of India and Others | would be effective only from 1-1-1989. There was, however, a request to the management to consider whether it was possible to extend the superannuation benefits to officials who retired in the year 1988. The petitioner received back his deposit of Rs. 1000/- in the year 1989, apparently taking note of the altered posit... | 0[ds]7. The conditions of the service of the members of the staff, had been the subject matter of negotiations, long and recurring. The retirement benefits in the form of the superannuation scheme, also, figured in such negotiations and had been dealt with in an ultimate agreement, the details of which have been alread... | 0 | 1,472 | 843 | ### 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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would be effective only from 1-1-1989. There was, however, a request to the management to consider whether it was possibl... |
Deputy Custodian General, Evacuee Property & Another Vs. Daulat Ram & Others | Grover, J. 1. This is an appeal by certificate from a judgment of the Punjab and Haryana High Court. 2. The facts may be briefly stated. Late Nadar Chand the father of respondents obtained a money decree for Rs. 16,771/- against one Mokham Din in the year 1935. During the course of execution proceedings the decree was ... | 0[ds]3. Learned counsel for the Deputy Custodian General who is the appellant before us has not sought to challenge the decision of the High Court on the point on which it was given. He has sought so raise a question which was never agitated before the High Court.The contention now sought to be raised is that assuming ... | 0 | 803 | 246 | ### 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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Grover, J. 1. This is an appeal by certificate from a judgment of the Punjab and Haryana High Court. 2. The facts may be br... |
Saligram Ruplal Khanna & Anr Vs. Kanwar Rajnath | of the fixed period of partnership has been proved on the record.30. Reference has also been made on behalf of the appellants to the consent given by the respondent on behalf of SAMCO on November 13, 1957, to the award of Rs. 18,00,000/- by Mr. Morarji Desai in favour of the Custodian against SAMCO. It is urged that th... | 0[ds]The main burden of the arguments of Mr. Desai, however, has been that the appellants were entitled to the accounts of the partnership which admittedly existed between the parties as per partnership agreements dated August 30, 1952 and February 24, 1954. According to Mr. Desai, there had been no dissolution of the ... | 0 | 9,588 | 1,959 | ### Instruction:
Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document.
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of the fixed period of partnership has been proved on the record.30. Reference has also been made on behalf... |
J.V. Baharuni Vs. State Of Gujarat | additional evidence on record or to direct such additional evidence to be collected by the Trial Court. But to replay the whole laborious exercise after erasing the bulky records relating to the earlier proceedings by bringing down all the persons to the Court once again for repeating the whole depositions would be a s... | 1[ds]Thus, in summation, we are of the considered opinion that the exercise of remitting the matter to Trial Court for de novo trial should be done only when the appellate Court is satisfied after thorough scrutiny of records and then recording reason for the same that the trial is not summons trial but summary trial. ... | 1 | 11,397 | 841 | ### 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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additional evidence on record or to direct such additional evidence to be collected by the Trial Cour... |
Surja Vs. Hardeva And Ors | Under S. 18 (2) the Assistant Collector is only authorised to determine the value of the land after making such enquiries as he thinks fit. He is not authorized expressly to go into the question whether the land sought to be purchased is included in the reserved or selected area of the land-owner or not. But, obviously... | 1[ds]9. It seems to us that the Financial Commissioner did not appreciate the content of his powers of revision under Section 24, read with Section 84 of the Tenancy Act. It was obvious from the report of the Commissioner that if the finding arrived at by the Commissioner was accepted the Assistant Collector and the Co... | 1 | 3,022 | 172 | ### 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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Under S. 18 (2) the Assistant Collector is only authorised to determine the value of the land after mak... |
Jitendra Kumar Vs. Oriental Insurance Co. Ltd. | District Consumer Redressal Forum, Jehanabad (District Forum) whereby the District Forum had allowed a claim of the appellant and directed the respondent-Insurance Company to pay a sum of Rs. 80,000/- as damages suffered by the appellant due to the loss of his motor vehicle and further directed the payment of Rs. 5,000... | 1[ds]10. We notice that in the impugned order National Commission has placed reliance on the judgment of this Court in the case of New India Assurance Company (supra) which, in our opinion, has no bearing on this aspect of the case in hand. This Court in the said case held that the fake driving licence when renewed gen... | 1 | 1,199 | 522 | ### Instruction:
Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction.
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District Consumer Redressal Forum, Jehanabad (District Forum) whereby the District Forum had allowed a claim of the appellan... |
State of Assam Vs. Ripa Sarma | We have heard Mr. Avijit Roy, learned counsel for the petitioner-State of Assam as well as Mr. Jayant Bhushan, learned senior counsel appearing for the respondent at length. Mr. Jayant Bhushan has raised a preliminary objection to the maintainability of the special leave petition. The petitioner herein has challenged t... | 0[ds]the law seems to be well settled that in the absence of a challenge to the main judgment, the special leave petition filed challenging only the subsequent order rejecting the review petition, would not be maintainable. Faced with this situation, Mr. Avijit Roy, learned counsel appearing for the State of Assam seek... | 0 | 802 | 380 | ### 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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We have heard Mr. Avijit Roy, learned counsel for the petitioner-State of Assam as well as Mr. Jayant B... |
Harshwardhan & Others Vs. M/s Jai Jalaram Infrastructure Firm & Others | 1. Leave granted.2. An Agreement to Sell dated 12th October, 2010 was executed between appellant No.1 and respondent Nos. 1 to 5 for the sale of certain properties. Disputes arose between the parties as a result of which a suit for specific performance was filed in the year 2014 by the appellants before us.3. In the wr... | 1[ds]7. Having heard learned counsel for the parties, we are of the view that there was nothing perverse in the order of the trial Court allowing the amendment. The High Court was not correct in interfering on the two grounds stated by it. As was correctly pointed out by learned counsel for the appellants, the applicat... | 1 | 835 | 192 | ### Instruction:
Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction.
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1. Leave granted.2. An Agreement to Sell dated 12th October, 2010 was executed between appellant No.1 a... |
Bharat Petroleum Corp.Ltd Vs. Rama Chandrashkhar Vaidya | as provided under section 5(2) of the Act and at the expiry of the lease renewed in terms of the contract, it would be still open to the appellant to get a further renewal of the lease in exercise of the statutory right under section 5(2) of the Act. 13. In support of the submission, Mr. Sundaram relied upon the decisi... | 0[ds]17. On a careful consideration of the matter, we find that though Mr. Sundaram has crafted his submissions very skilfully, the points raised by him do not really arise in the facts and circumstances of the case as noted above18. The original 1955 lease (which, as a matter of fact, is the only lease deed that came ... | 0 | 2,558 | 643 | ### 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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as provided under section 5(2) of the Act and at the expiry of the lease renewed in terms of the contract, it would be sti... |
Punithavalli Ammal Vs. Ramalingam (Minor) And Anr | by a Hindu widow, the adopted son acquires all the rights of an aurasa son and those rights relate back to the date of the death of the adoptive father - see Srinivasa Krishnarao Kango v. Narayan Devji Kango, 1955-1 SCR 1 = (AIR 1954 SC 379 ). Hence, the estate held by a widow was a defeasible estate. The same is the c... | 1[ds]6. The explanation to the section is not necessary for our present purpose. It was conceded at the Bar that Sellathachi was in possession of the property in dispute on the date the Act came into force. By virtue of the aforesaid provision, she became the full owner of the property on that date. From a plain readin... | 1 | 1,497 | 483 | ### 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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by a Hindu widow, the adopted son acquires all the rights of an aurasa son and those rights relate back to the date of the... |
Divyakant C. Mehta Vs. Income-Tax Officer, 11(2) (2) | were bound by the judgment and order of this Court in the case of Sakal Papers (P.)Ltd. v. CIT [1978] 114 ITR 256. Mr. Chatterjee submits that merely because the assessee had sent his daughter abroad for higher education, it does not mean that the deduction cannot be claimed. The relationship has nothing to do in this ... | 0[ds]4. We have, with the assistance of Mr.Chatterjee, perused the concurrent findings and conclusions. We are not in agreement with him that this appeal raises substantial question of law. Each of the Authorities found that this matter was distinct from Sakal Papers (P.)Ltd. (supra). It may be that both the cases invo... | 0 | 1,380 | 1,021 | ### 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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were bound by the judgment and order of this Court in the case of Sakal Papers (P.)Ltd. v. CIT [1978] 114 ITR 256. Mr. Ch... |
Hindustan General Electricalcorporation Ltd Vs. Viswanath Prasad And Another | the High Court for the purpose of remitting the matter back to the Labour Court this Court examined the scope of Ss. 10, 33 and 33-A of the Industrial Disputes Act and pointed out (at p. 826):". . . . even if the requisite permission is granted to the employer under S. 33 that would not be the end of the matter, It is ... | 1[ds]8. In our view the High Court did not properly appreciate the scope of S. 33 (2) (b) of the In Disputes Act and the result of the violation thereof. It is undisputed that the order of dismissal of the respondent was made after an enquiry on the basis of a charge-sheet submitted to him. In his explanation to the sh... | 1 | 3,266 | 1,089 | ### Instruction:
Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document.
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the High Court for the purpose of remitting the matter back to the Labour Court this Court examin... |
V.N. PUBLIC HEALTH AND EDUCATIONAL TRUST ETC Vs. STATE OF KERALA & ORS. ETC | no analogy drawn between the facts of Chintpurni case (Supra) and the present case. The Sukh Sagar Case (Supra) actually expanded the circumstances in which the State Government may withdraw the EC. The dictum of Sukh Sagar (Supra) actually supports the case of respondents. 23. The law thus stand settled that the State... | 1[ds]13. In the case of Medical Council of India (Supra), it has been held that the Court has repeatedly observed that the decision taken by the Union of India on the basis of the recommendation of the expert body, cannot be interfered with lightly and interference is permissible only when the college demonstrates juri... | 1 | 9,062 | 2,416 | ### 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:
no analogy drawn between the facts of Chintpurni case (Supra) and the present case. The Sukh Sagar Case (Su... |
Vishwasrao Satwarao Naik and Ors Vs. State of Maharashtra | Deepak Gupta, J.1. The Maharashtra Agriculture Land (Ceiling on Holdings) Act, 1961 (for short the Ceiling Act) was enforced with effect from 04.08.1959 in the area in question.2. Satwarao, predecessor-in-interest of the Appellant, held huge tracts of land but did not file return under the Ceiling Act. A notice was iss... | 0[ds]In ceiling proceedings, it is the duty of the owner of the land to show which portion of his land is exempt from ceiling proceedings. In this case, in the return filed on behalf of the owner it was mentioned that only 11.10 acres of land is pot kharab. However, on the basis of the revenue record, the officer asses... | 0 | 950 | 205 | ### 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:
Deepak Gupta, J.1. The Maharashtra Agriculture Land (Ceiling on Holdings) Act, 1961 (for short the Ceiling ... |
SUNIL KUMAR MAITY Vs. STATE BANK OF INDIA AND ANR | responsibility in this regard. 7. The respondent-bank being aggrieved by the said order had preferred the Revision Petition before the National Commission under Section 21 (b) of the Consumer Protection Act (hereinafter referred to as the said Act). The National Commission allowed the said revision application vide the... | 1[ds]8. It is pertinent to note that pending the revision application, the National Commission had called for a report on the whole matter from the SBI. Accordingly, a report dated 19th March, 2019 was filed by the Regional Manager of the SBI. Relying upon the said report, the National Commission allowed the revision a... | 1 | 2,407 | 1,021 | ### 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:
responsibility in this regard. 7. The respondent-bank being aggrieved by the said order had preferred the Revision Petition... |
U.P.AVAS EVAM VIKAS PARISHAD THROUGH HOUSING COMMISSIONER Vs. GANGA SARAN (DEAD) THR. LRS. AND ORS | and being disposed of by this order. For the purpose of disposal we have referred to the facts which arise in the Civil Appeal arising out Special Leave Petition (Civil) No.14973 of 2010. 3. The land of the respondents-claimants admeasuring 2-13-0 of Khasra No.174 and 0-17-0 of Khasra No.175 situated in Tanda, Bulandsh... | 0[ds]7. Having heard learned counsel for the parties and we have also perused the order of the Reference Court and impugned judgment of the High Court and other materials placed on record8. It is true that though the appeal preferred by the appellant before the High Court is the First Appeal, the High Court has dismiss... | 0 | 1,155 | 445 | ### 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:
and being disposed of by this order. For the purpose of disposal we have referred to the facts which arise in the Civil Ap... |
Vikash Kumar Vs. Union Public Service Commission & Ors | such as the appellant who suffers from a chronic neurological condition would be deprived of a statutory right of equal opportunity in gaining an appointment to public services. To do so would negate both the constitutional right and its statutory recognition in the provisions of the RPwD Act, 2016. J. The language of ... | 1[ds]13. Broadly speaking, there are two sets of regulatory provisions which hold the field. The first consists of the notifications issued by the DoPT in the Ministry of Personnel, Public Grievances and Pensions.Apart from the notification which has been issued by the UPSC, there are guidelines which have been prescri... | 1 | 16,062 | 9,847 | ### Instruction:
Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text.
### Input:
such as the appellant who suffers from a chronic neurological condition would be deprived of a statutory right of equal o... |
Tej Parkash Vs. The State Of Haryana | as it was deposed by Dr. Bhutani that he possibility of hyoid bone fracturing in the process of the dead-body being taken out with the help of neck, either by pulling it with rope or with hand could not be ruled out. In this context, Mr. Ganesh referred to the evidence of Giarsi Lal P.W. 6 who had stated that when he t... | 0[ds]16. The effort of Mr. Ganesh obviously was to try to persuade this Court to reappraise the evidence and come to a different conclusion. We find that the trial Court as well as the High Court were conscious of the fact that this was a case of circumstantial evidence. Keeping in view the well established principles ... | 0 | 4,959 | 1,213 | ### 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:
as it was deposed by Dr. Bhutani that he possibility of hyoid bone fracturing in the process of the dead-body... |
Hasimara Industries Limited Vs. Commissioner of Income Tax, W. B. and Another | Lord Radcliffe, in Commr. of Taxes v. Nchanga Consolidated Copper Mines Ltd. ((PC)) had observed that what was material to consider was the nature of the advantage in a commercial sense and it was only where the advantage was in the capital field that the expenditure would be disallowable. Lord Reid, in IRC v. Carron C... | 1[ds]10. We are in no doubt whatever that the High Court was right in concluding that the amount of Rs. 20 lakhs had been deposited by the assessee with the licensor company for the purpose of securing the licence under which the assessee had acquired the right to work the licensors cotton mills. This is clear from the... | 1 | 2,727 | 387 | ### 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:
Lord Radcliffe, in Commr. of Taxes v. Nchanga Consolidated Copper Mines Ltd. ((PC)) had observed that what ... |
Raja Yuvraj Dutt Singh Vs. The Deputy Commissioner, Kheri Ors | the assessing authority recover any sum imposed by way of penalty under the provisions of Sections 17, 31, 37, or, where any assessee is in default the amount assessed as agricultural income-tax, as if it were an arrear of land revenue.(2) No proceedings for the recovery of any sum payable under this Act shall be comme... | 0[ds]As regards the assessment for the year 1362F it has been pointed out on behalf of the assessee that the original orders passed for taking proceedings for realization of tax were missing from the record. The High Court, however, relied on the entries of the registers of demand and collection and was satisfied that ... | 0 | 1,575 | 323 | ### 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 assessing authority recover any sum imposed by way of penalty under the provisions of Sections 17, 31, 37, or, where a... |
Godrej and Boyce Manufacturers Company Limited Vs. Commissioner of Income Tax, Range 10 | incurred in the earning of that income would have to be disallowed. That is exactly a matter which the Assessing Officer has to determine. Whether or not any expenditure was incurred by the assessee in relation to the earning of non-taxable income falls within the domain of the Assessing Officer. The basis on which the... | 1[ds]31. The submission cannot be accepted. The expression income which does not form part of the total income under the Act must receive its plain and grammatical construction. Such income is income which is not includible in computing the total income of the assessee under the provisions of the Act for a previous yea... | 1 | 25,745 | 5,412 | ### 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:
incurred in the earning of that income would have to be disallowed. That is exactly a matter whic... |
Yogesh Madhav Andhale Vs. State of Maharashtra | as to whether Kavita had disclosed the phone number of Seema to him. Deceased Eknath was not in a position to talk and could not speak anything. One of the accused slapped Kavita. A crowd had gathered there and they questioned the accused as to why they were assaulting Kavita. Accused No.1 Sharad informed them that Kav... | 0[ds]6. Prosecution has examinedDagadu, father of deceased Eknath. He deposes about being informed on 12.12.2010 that his son Eknath had been killed and his dead body was kept at the Sassoon Hospital, Pune. He accordingly rushed to Pune and reached Sassoon Hospital on 13.12.2010 at about 6.30 a.m. and identified the de... | 0 | 4,279 | 2,458 | ### 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 to whether Kavita had disclosed the phone number of Seema to him. Deceased Eknath was not in a position to talk and cou... |
DIGAMBER Vs. KACHRU DEAD THR LRS | R. BANUMATHI, J.1. This appeal arises out of the judgment dated 13.01.2005 passed by the High Court of Bombay at Aurangabad Bench in Writ Petition No.1389 of 1989 whereby the High Court held that the predecessors in title of the appellants namely Vasudeo and Chandu cannot take advantage of Section 5 of the Hyderabad Te... | 1[ds]from the parties in appeal, all the concerned parties viz. Barku Raghunath Raut, Janabai Barku Raut, Shriram Kashinath Wakle, Annapurna Shriram Wakle, Babasaheb Shriram Wakle, Kushinath Eknath Kale, Rajendra Eknath Kale, Vimalbai Babasaheb Kale, Yogesh Babasaheb Kale, Devidas Madan Punde, Kailas Madan Punde, Bhima... | 1 | 584 | 236 | ### Instruction:
Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case.
### Input:
R. BANUMATHI, J.1. This appeal arises out of the judgment dated 13.01.2005 passed by the High Court of Bomba... |
Ram Sewak Yadav Vs. Hussain Kamil Kidwai & Ors | oral evidence at the trial. In his second application for inspection he merely averred that "the petitioner was almost sure" that on inspection and scruting of ballot papers, the allegations contained in the various paragraphs wold be proved. The allegation of Kidwai that he was satisfied that on inspection and scrutin... | 1[ds]6. An election petition must contain a concise statement of the material facts on which the petitioner relies in support of his case. If such material facts are set out the Tribunal has undoubtedly the power to direct discovery and inspection of documents with which a Civil Court is invested under theCode of Civil... | 1 | 4,560 | 781 | ### 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:
oral evidence at the trial. In his second application for inspection he merely averred that "the petitioner was almost sur... |
JIT RAM NOW DECEASED THROUGH LRS Vs. SATNAM SINGH | Uday Umesh Lalit, J.1. Leave granted.2. This Appeal is directed against the judgment and order dated 28.03.2019 passed by the High Court of Punjab and Haryana at Chandigarh in Regular Second Appeal No.3809 of 2013 (O&M).3. One Banta, father of Jit Ram and Sibo, died on 02.07.1992. Sibo, though married, was not staying ... | 1[ds]9. The record clearly indicates that the possession of the Respondent of portion marked ‘ABCD? and his occupation of the structure was purely permissive in character. At no stage the possession was hostile to the owners of the property. The element of hostility was completely missing. The finding rendered by the A... | 1 | 929 | 215 | ### 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:
Uday Umesh Lalit, J.1. Leave granted.2. This Appeal is directed against the judgment and order dated 28.03.2019 passed by ... |
Mangulu Sahu Ramahari Sahu Vs. Sales Tax Officer, Ganjam | Hegde, J.1. This is an appeal by Special Leave arising from the Order of the Orissa High Court summarily dismissing the Writ Petition under Article 227 of the Constitution. The question that arose for decision in that application was whether chillies and lemons were `vegetables within the meaning of the Orissa Sales Ta... | 1[ds]2. The primary question for our consideration is whether chillies and lemons are vegetables as contemplated by the Orissa Sales Tax Act. The Orissa High Court in Dhadi Sahus case (supra) had taken the view that before an item can be considered as vegetable, it should be the principal item of food.It also examined ... | 1 | 555 | 360 | ### 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:
Hegde, J.1. This is an appeal by Special Leave arising from the Order of the Orissa High Court summarily dismissing the Wri... |
Maharashtra State Electricity Distribution Company Ltd Vs. M/s. Datar Switchgear Limited & Others | the judgments.We find that the Arbitral Tribunal has dealt with this aspect and held that the contract objects were custom built in the following manner:“55. Respondents submitted that the Claimants did not make any efforts to mitigate the loss suffered. The submission is without any merit for more than one reason. In ... | 0[ds]41) We find adequate force in the aforesaid submission of Mr. Dada. Let us first take note of these findings:FINDINGS OF FACTS :42) Reasoning contained in the Award reveals following salient findings returned by the ArbitralThe appellant prevented respondent No.2 from performing the contract.(ii) Respondent No.2 w... | 0 | 17,344 | 2,174 | ### Instruction:
Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction.
### Input:
the judgments.We find that the Arbitral Tribunal has dealt with this aspect and held that the contract ... |
Messrs. Godrej & Company, Bombay Vs. Commissioner Of Income-Tax, Bombay | to be. Nor can this amount be said to have been paid as compensation for the cancellation or cessation of the managing agency of the assessee firm; for the managing agency continued and, therefore, the decision of the Judicial Committee of the Privy Council in Commr. of Income-tax v. Shaw Wallace and Co., 59 Ind App 20... | 1[ds]It is, therefore, necessary to approach the problem keeping in view the particular facts and circumstances in which it hasis true, as said by the High Court and as reiterated by the learned Attorney General, that the language used in the document is not decisive and the question has to be determined by a considera... | 1 | 3,402 | 442 | ### Instruction:
Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding.
### Input:
to be. Nor can this amount be said to have been paid as compensation for the cancellation or cessatio... |
M/S ALAGU PHARMACY Vs. N MAGUDESWARI | be bound by the terms of the compromise. The terms of the compromise be incorporated in the decree- sheet....”24. As the tenant did not surrender possession of the properties within the time mentioned in the compromise memo, the landlord levied execution. It was resisted by the tenant on various grounds one of which wa... | 1[ds]10. The order passed by the appellate court shows that compromisewas brought about on 29.01.2014 that is even before the eviction petition was filed by the respondent. Further, said compromisewas addressed to the Inspector of Police, City Crime Branch. The appellate court had further observed that complaintand com... | 1 | 4,553 | 2,563 | ### 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:
be bound by the terms of the compromise. The terms of the compromise be incorporated in the decree- sheet...... |
TATA POWER COMPANY LTD Vs. ADANI ELECTRICITY MUMBAI LTD | the cost of standby that was applicable in January 1998 i.e., Rs.24.75 crore per month, from its consumers through its tariff, viz. fixed charges and energy charges. This aspect has been dealt with in detail subsequently in this Order. Now, depending on the ratio of sharing of the standby cost determined by the Commiss... | 0[ds]27. The main principles on the basis of which Agreement was to be reached between TPC and BSES/REL were settled. As per clause 2 of the Principles of Agreement, BSES/REL had to pay to TPC for 220 KV interconnection at Borivali at Rs.3.5 crores per month. The parties had agreed to cooperate in order to ensure that ... | 0 | 9,286 | 990 | ### Instruction:
Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document.
### Input:
the cost of standby that was applicable in January 1998 i.e., Rs.24.75 crore per month, from its consumers ... |
SMRITI MADAN KANSAGRA Vs. PERRY KANSAGRA | our view, the registration of the Judgment is sufficient compliance of the direction to obtain a Mirror Order issued from a competent court in Kenya. The fact that the registration was given at the instance of the respondent and the unconditional undertaking given by the respondent to this Court, are sufficient complia... | 1[ds]7. We will deal with the matter mentioned at placitum a under the first segment after having dealt with other aspects under said segment.(i) With regard to the matter at placitum b, the learned counsel for the respondent has fairly accepted the suggestion.(ii) With regard to the matter at placitum c, as against 10... | 1 | 4,902 | 1,356 | ### 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:
our view, the registration of the Judgment is sufficient compliance of the direction to obtain a Mirror Orde... |
Pensioners' Assn.,Ex-Assam Oil.Offic&Ors Vs. Union Of India | no bearing on the merits of the present case since in that case the controversy was raised by those who were working on the appointed day as employees of the Assam Oil Company Limited and were taken over as the employees of the Indian Oil Corporation but had retired thereafter before December, 1994. That is to say the ... | 1[ds]The respondents submit that the Indian Oil Corporation (AOD) Staff Pension Funds Scheme, 1983 was not meant for the retires who had retired earlier as employees of the Assam Oil Company Ltd., viz. those who had never become the employees of the Indian Oil Corporation. Therefore, they were not the beneficiaries of ... | 1 | 5,549 | 1,550 | ### 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:
no bearing on the merits of the present case since in that case the controversy was raised by those who wer... |
Ajay Pandit @ Jagdish Dayabhai Patel&Anr Vs. State Of Maharashtra | effective implementation of the provision contained in Section 235(2), it is not always necessary to remand the matter to the court which has recorded the conviction….Remand is an exception, not a rule, and ought therefore to be avoided as far as possible in the interests of expeditious, though fair, disposal of cases”... | 1[ds]33. In our view, the principles laid down in the above cited judgments squarely applies on the question of awarding of sentence and we find from the records that the High Court has only mechanically recorded what the accused has said and no attempt has been made to elicit any information or particulars from the ac... | 1 | 6,756 | 1,550 | ### 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:
effective implementation of the provision contained in Section 235(2), it is not always necessary to remand... |
Manik & Another Vs. State of Maharashtra | the deceased.21. Dr.Raut (PW5) states that he found the following five external injuries on the body of the deceased Babasaheb, which were antemortem.i) CLW infraorbital right eye (laterally), having size 2 cm. x 1 cm bony deep.ii) CLW right zygomatic area, having size 2 cm. x 1 cm. bony deep.iii) CLW right temporal re... | 1[ds]27. In the case of Raj Kumar Singh alias Batya Vs. State of Rajasthan, AIR 2013 SC 3150 , it is held that in a criminal trial, suspicion no matter howsoever strong, cannot and must not be permitted to take place of proof. This is for the reason that the mental distance between may be and must be is quite large an... | 1 | 4,344 | 258 | ### 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 deceased.21. Dr.Raut (PW5) states that he found the following five external injuries on the body of the ... |
State Of U.P Vs. Smt. Sarjoo Devi & Ors | of the Gaon Sabha to ejectment from the land, on payment of such compensation as ma y be prescribed."4. A conjoint reading of the provisions of these two sections would show that the Chairman, member or society of a committee referred to in section 121 can make an application to the Collector for ejectment of a person ... | 0[ds]conjoint reading of the provisions of these two sections would show that the Chairman, member or society of a committee referred to in section 121 can make an application to the Collector for ejectment of a person only if the land of which he is in possession is of the description specified in section 212 i.e. (1)... | 0 | 3,426 | 836 | ### 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:
of the Gaon Sabha to ejectment from the land, on payment of such compensation as ma y be prescribed."4. A ... |
N.E. Horo Vs. Jahanara Jaipal Singh | special ceremonies are performed.21. Even in the account given by S. C. Roy as well as by P. W. 4 a Munda male is ex-communicated for marrying a non-Munda girl but such ex-communication is not automatic. It is left to the discretion of the panchayat. If the panchayat approved of a particular marriage with a non-Munda t... | 0[ds]7. It may be mentioned that so far as issue No. 1 was concerned the objection taken was that the election petition was defective on account of the non-joinder of necessary parties. When the election petition was filed only Shri Horo the returned candidate was impleaded but subsequently a petition was filed on beha... | 0 | 7,903 | 3,064 | ### 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:
special ceremonies are performed.21. Even in the account given by S. C. Roy as well as by P. W. 4... |
Assam Sillimanite Limited and Another Vs. Union of India and Others | Act The State under Clause (b) of Article 39 is required to direct its policy towards securing that the ownership and the control of material resources of the community are so distributed as best to subserve the common good. The purpose sought to be achieved by the enactment is the augmentation of the supplies of refra... | 0[ds]The extent and scope of judicial review ofwhere there is a declaration under Article 31C of the Constitution which enjoins that no law containing a declaration that it is for giving effect to such a policy shall be called in question in any Court on the plea that it does not give effect to such a policy has been c... | 0 | 5,869 | 1,370 | ### 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:
Act The State under Clause (b) of Article 39 is required to direct its policy towards securing that the ownership and the co... |
Lakshmi Achi And Others Vs. T.V.V. Kailasa Thevar And Others | principal Act and in as much as the claim of defendant No. 1 under that provision had been negatived both by the District judge and the High Court on previous applications made by defendant No. 1, it was not open to him to make fresh claim under the same provision. Learned counsel has also submitted that the provisions... | 0[ds]In the case before us cl. (iii) of s. 16 clearly applies because the final decree which was passed on September 25, 1943 had not been satisfied in full before the commencement of the amending Act, 1948, that is, before January 25, 1949. Therefore, by reason of cl. (iii) s. 16 of the amending Act of 1948 respondent... | 0 | 4,356 | 199 | ### 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:
principal Act and in as much as the claim of defendant No. 1 under that provision had been negatived both by ... |
Hem Chand Vs. State Of Jharkhand | for framing of charge has been made out. He, furthermore, filed some documents in his own defence. The said application for discharge was rejected by the learned Special Judge, CBI, opining that the documents relied on by the appellant cannot be looked into for the purpose of passing an order on his application for dis... | 0[ds]8. It is beyond any doubt or dispute that at the stage of framing of charge, the Court will not weigh the evidence. The stage for appreciating the evidence for the purpose of arriving at a conclusion as to whether the prosecution was able to bring home the charge against the accused or not would arise only after a... | 0 | 1,460 | 762 | ### 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:
for framing of charge has been made out. He, furthermore, filed some documents in his own defence. The said... |
Employees State Insurance Corporation Vs. M/S. Apex Engineering Pvt. Ltd | of appeal, by a majority, held that the two Managing Directors were employees within the meaning of the rule above quoted nonetheless they being Managing Directors of the employer company. In this connection the observations of Upjohn, L.J., constituting the majority of the Court of Appeal deserve to be noted as under:... | 1[ds]16. The aforesaid decision of this Court clearly rules that the Managing Director while acting as such can have dual capacity both as Managing Director on the one hand and as servant or employee of the company on the other. The Division Bench in the impugned judgment with respect was in error in by passing the rat... | 1 | 7,088 | 1,312 | ### Instruction:
Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction.
### Input:
of appeal, by a majority, held that the two Managing Directors were employees within the meaning of the rule above quoted no... |
UNION OF INDIA Vs. TECH MAHINDRA BUSINESS SERVICES LTD (FORMERLY KNOWN AS HUTCHINSON GLOBAL SERVICES LTD ) | Kurian Joseph, J. - The whole dispute in this case stems out of a show cause notice issued to the respondent on 27.02.2013, which was challenged before the High Court of Bombay leading to judgment in Writ Petition No.529 of 2013. The relevant paragraph of the judgment reads as follows:- 4. If the petitioner is directed... | 1[ds]According to the learned senior counsel for the appellant, there are valid notifications in that regard having force of law and also on the quantum. However, we do not find that any such material was available before the Tribunal. Bereft of such information only, the Tribunal ultimately passed the impugned order i... | 1 | 1,021 | 66 | ### 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:
Kurian Joseph, J. - The whole dispute in this case stems out of a show cause notice issued to the respondent on 2... |
Prabhakar Dattatraya Gune & Others Vs. Vishnukant Bapurao Urankar & Others | be ignored or brushed aside by us on the spacious plea that some argument or a facet of that argument has not been noticed or dealt with. In the judgment of the Honourable Supreme Court on the point of binding precedent, this is what is held in AIR 2002 SC 1598 (Director of Settlements, A.P. and others v/s M.R.Apparao ... | 0[ds]59 Hence, we are of the view that the judgment in Baskarans case (supra) covers the entire controversy including on raised before us.60 The judgment of the Honourable Supreme Court which is binding upon us cannot be read in the manner suggested by Mr. Pradhan. That there is a clarification given by the Honourable ... | 0 | 14,122 | 1,465 | ### 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:
be ignored or brushed aside by us on the spacious plea that some argument or a facet of that argument has not... |
Devki Alias Kala Vs. The State Of Haryana | KRISHNA IYER, J. 1. Parvati, an unsophisticated girl of 17 was wending her way home at about sunset along a public street in the artless town of Sitalpur in Bihar when Smt. Devki, the petitioner before us, with diabolic design, swooped down and snatched her into a taxi-cab and blized away. The weeping victim was medica... | 0[ds]The features of this case show that the petitioner suddenly descended in a taxi-cab and kidnapped the young woman, and when she cried out, administered the potion which rendered her unconscious. Furthermore, a well layout plan is discernible when we see the geographical spread of the crime. From a small town in Bi... | 0 | 426 | 123 | ### 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:
KRISHNA IYER, J. 1. Parvati, an unsophisticated girl of 17 was wending her way home at about sunset along a ... |
Inderjeet Singh Sial And Anr Vs. M/S. Karam Chand Thapar And Ors | guaranteed above.(v) If the Vendee Company at any time desire to transfer its rights and title in the colliery properties hereby conveyed Vendee hereby undertakes to keep the said Vendor fully and effective covered, to his satisfaction, to the extent of his (Vendors) Royally rights, the transferee agreeing and coventin... | 1[ds]11. It is manifest that four reasons have been advanced by the High Court to upset the judgment and decree of the trial Court. These are (i) that deed Ex. D-5 was drafted as a formal document apparently by some lawyer and parties thereto were persons quite conversant with mining lease; and consequently with the me... | 1 | 3,553 | 829 | ### 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:
guaranteed above.(v) If the Vendee Company at any time desire to transfer its rights and title in... |
S. S. Shetty Vs. Bharat Nidhi, Ltd | to take into account the terms and conditions of employment, the tenure of service, the possibility of termination of the employment at the instance of either party, the possibility of retrenchment by the employer or resignation or retirement by the workman and even of the employer himself ceasing to exist or of the wo... | 1[ds]We are of opinion that these circumstances cannot be availed of by the respondent. It is no doubt true that the respondent transferred its liabilities and equivalent assets to the Punjab National Bank Ltd., some time in March 1951, The correspondence which was carried on between the appellant and the respondent ho... | 1 | 6,095 | 236 | ### Instruction:
Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document.
### Input:
to take into account the terms and conditions of employment, the tenure of service, the possibility of term... |
Delhi Transport Corporation Vs. D.T.C. Mazdoor Congress | there is lack of confidence in the employee which makes it necessary in the interest of the Corporation to immediately terminate the services of the employee. These, however, are illustrative and not exhaustive. therefore, each case of the conferment of the power involved should be decided on the aforesaid basis. 120. ... | 0[ds]It may be mentioned that under the general law of contract of employment, which was commonly known as the law of master and servant, which is not termed as law of employer and employee, whether the contract of service is for a fixed period or not, if it contained a provision for its termination by notice, it could... | 0 | 30,975 | 6,423 | ### Instruction:
Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding.
### Input:
there is lack of confidence in the employee which makes it necessary in the interest of the Corporation to immedi... |
S. CHANDRASEKHARAN & ORS Vs. M. DINAKAR & ANR | or any of them, as the case may be: ….. (2) The Claims Tribunal shall arrange to deliver copies of the award to the parties concerned expeditiously and in any case within a period of fifteen days from the date of the award. (3) When an award is made under this section, the person who is required to pay any amount in te... | 1[ds]9. In our opinion, the judgment of the High Court on this point suffers from error on two counts. At the time of her death, the deceased was not in employment. She was a homemaker. It was not a case where the deceased at the time of accident had just left her job. If that was the case, her last drawn salary might ... | 1 | 3,058 | 1,313 | ### 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:
or any of them, as the case may be: ….. (2) The Claims Tribunal shall arrange to deliver copies of the award to t... |
Mangalore Electric Supply Co. Ltd Vs. The Commissioner Of Income Tax, West Bengal | which is, that the transfer of capital assets by reason of compulsory acquisition are comprehended within the meaning of the word "transfer". We are, therefore, clear that if an existing title is extinguished and a new one is created, there is within the meaning of section 12B(1) of the Act of 1922 transfer of a capita... | 0[ds]We will take up Civil Appeal No. 2160 of 1972 first for our consideration. It involves for consideration the decision of the question whether the compulsory acquisition of property falls within the scope of section 12B of the Indian Income-tax Act, 1922, so as to render any surplus arising from such acquisition li... | 0 | 3,818 | 1,294 | ### 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:
which is, that the transfer of capital assets by reason of compulsory acquisition are comprehended within ... |
Vasanta Sampat Dupare Vs. State of Maharashtra | the marrows of human conscience. He had battered her to death by assaulting her with two heavy stones. The injured minor girl could not have shown any kind of resistance. It is not a case where the accused had a momentary lapse. It is also not a case where the minor child had died because of profuse bleeding due to rap... | 0[ds]24. In the case at hand, as is perceptible, the recovery had taken place when the appellant was accused of an offence, he was in custody of a police officer, the recovery had taken place in consequence of information furnished by him and the panch witnesses have supported the seizure and nothing has been brought o... | 0 | 14,352 | 1,420 | ### 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 marrows of human conscience. He had battered her to death by assaulting her with two heavy stones. The i... |
Jabalpur Bijlighar Karamcharipanchayat Vs. Jabalpur Electric Supply Co., Ltd. & Anr | by working on the Full Bench Formula of the Labour Appellate Tribunal. There can be no question that income-tax has to be notionally computed at 45% after deduction from the gross profits, the expenses shown in Ex. D-11 ending with notional normal depreciation and double shift depreciation. The Tribunal allowed Rupees ... | 0[ds]7. The above statement of facts makes it amply clear that although the employees received at least 10% of their total earnings by way of bonus for the years 1940-41 to 1959-60 there was no consistency in the claim to bonus throughout this period, nor was there any uniformity either in the amounts paid or the groun... | 0 | 7,514 | 1,449 | ### 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:
by working on the Full Bench Formula of the Labour Appellate Tribunal. There can be no question that income-tax h... |
Yasodhar Kamat Vs. The Director General, Border Security Force and Others | Dr. Dhananjaya Y Chandrachud1. Leave granted.2. This appeal arises from a judgment of a Division Bench of the High Court of Judicature at Patna dated 11 August 2016. While allowing a Letters Patent Appeal, the Division Bench reversed the judgment of a learned Single Judge by which the dismissal of the appellant from se... | 0[ds]7. The position which emerges then is that the appellant had contacted his Unit Adjutant for extension of leave. The Division Bench observed that the appellant had submitted an application for extension of leave belatedly and that as a member of the disciplined force, his conduct could not be condoned. The appella... | 0 | 995 | 244 | ### 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:
Dr. Dhananjaya Y Chandrachud1. Leave granted.2. This appeal arises from a judgment of a Division Bench ... |
UNION OF INDIA Vs. ALL INDIA TRADE UNION CONGRESS | following the due process of law.J. The Union of India is directed that all the causal labourers who receive injuries, while discharging the duties in harsh conditions in border areas, should be treated in Military Hospitals free-of-cost. The Union of India is also directed that the casual labourers from the camping si... | 1[ds]11. Having heard the learned counsel for the parties and on perusal of the record of the case, we are inclined to allow the appeal and while setting aside the impugned order dismiss the writ petition filed by the respondents.12. It may not be necessary to elaborately deal with the issues arising in the case becaus... | 1 | 2,100 | 604 | ### 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:
following the due process of law.J. The Union of India is directed that all the causal labourers who receive injuries, whil... |
ANIL KAK Vs. KUMARI SHARADA RAJE AND OTHERS | attest and extrinsic evidence on this point is receivable. The burden of proof that the Will has been validly executed and is a genuine document is on the propounder. The propounder is also required to prove that the testator has signed the Will and that he had put his signature out of his own free will having a sound ... | 0[ds]11. The learned Counsel appearing for both the parties, have addressed us on the merit of the matter. We are not considering the correctness or otherwise of the judgment of the Division Bench of the High Court holding the Letters Patent Appeals to be not maintainable, nor it is necessary for us so to do.12. We may... | 0 | 7,823 | 2,699 | ### 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:
attest and extrinsic evidence on this point is receivable. The burden of proof that the Will has been validly... |
Vij Resins Pvt. Ltd. & Anr. Etc Vs. State Of Jammu & Kashmir & Ors | precedents. As we have already pointed out, Section 3 of the Act extinguishes private rights and confers the right to deal with the subject matter of such rights on the State. 24. An attempt was made to distinguish the rule in Pathak case (1978) 2 SCC 50 : 1978 SCc (L&S) 103 : (1978) 3 SCR 334 ) by relying upon the dec... | 1[ds]12. The petitioners maintained that the government orders and contracts under which they have got the right to exploit or utilise the particular forest products does amount to property and the petitioners were entitled to protection thereof against expropriation and in case no compensation was provided the relevan... | 1 | 5,634 | 2,955 | ### 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:
precedents. As we have already pointed out, Section 3 of the Act extinguishes private rights and confers th... |
The State Of Bihar & Others Vs. Sm. Charusila Dasi | expressed by Lord Selborne:"Territorial jurisdiction attaches (with special exceptions) upon all persons either permanently or temporarily resident within the territory while they are within it; but it does not follow them after they have withdrawn from it, and when they are living in another independent country. . .. ... | 1[ds]We have held therein that the provisions of the Act do not take away or abridge any of the rights conferred by that Part. In Civil Appeal No. 343 of 1955 in which also judgment has been pronounced today (Mahant Ram Saroop Dasji v. S. P. Sahi, AIR l959 SC 951), we have considered the definition clause in S. 2 (1) o... | 1 | 8,373 | 1,539 | ### 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:
expressed by Lord Selborne:"Territorial jurisdiction attaches (with special exceptions) upon all person... |
ANJALI ARORA Vs. UNION OF INDIA | NAVIN SINHA, J.1. The Petitioners seek mandamus under Article 32 of the Constitution, for grant of pay scale on the basis of parity as granted by this Court on 21.10.2010 to the appellants in Yogeshwar Prasad & Ors. vs. NationalInstitute of Educational Planning and Administration & Ors. (in short, ?National Institute?)... | 0[ds]4. We have considered the submission on behalf of the parties. The controversy relates to the grant of pay scale of Rs.1640-2900 with effect from 01.01.1986 pursuant to the 4 th Central Pay Commission recommendation, and the consequent revisions of that scale. It is not in dispute that the petitioners are also wor... | 0 | 883 | 484 | ### 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:
NAVIN SINHA, J.1. The Petitioners seek mandamus under Article 32 of the Constitution, for grant of pay scal... |
Bengal & Assam Investors Ltd Vs. Commissioner Of Income Tax, West Bengal | shares and making investments and generally undertaking financial and commercial obligations and transactions and operations of all kinds, the dividend income must be computed under S. 10 because the company is formed expressly for the purpose of carrying on business and holding shares in the course of it. In this conn... | 0[ds]11. Before the amendment of S. 12 by S. 9 of the Finance Act, 1955, it had been held by the Bombay High Court in Commissioner of Income-tax v. Ahmuty and Co. Ltd., 1955-27 ITR 63 (Bom), that where a company was a dealer in shares which constituted its stock-in-trade the dividend income received by the assessee i... | 0 | 3,407 | 578 | ### 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:
shares and making investments and generally undertaking financial and commercial obligations and transactions and... |
SUJATA KOHLI Vs. REGISTRAR GENERAL, HIGH COURT OF DELHI & ORS | merit and in any case, such requirements cannot be lesser than the requirements at entry level. In this view of the matter too, the appellant was conscious of the fact that for upward movement in DHJS, merit would acquire primacy; and that seniority alone was not going to be decisive for promotion to the higher posts o... | 0[ds]15.1. It does not require any elaborate discussion to say that the right to be considered for promotion is a fundamental right of equality of opportunity in the matter of employmentThe matter in issue in the present appeal relates to promotion to the posts of District and Sessions Judge or Principal Judge, Family ... | 0 | 14,815 | 3,893 | ### 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:
merit and in any case, such requirements cannot be lesser than the requirements at entry level. I... |
State of Jammu & Kashmir & Others Vs. Thakur Ganga Singh & Another | of classification. As we have pointed out, at no stage of the proceedings either the correctness of the interpretation of Art. 14 or the principles governing the doctrine of classification have been questioned by either of the parties. Indeed accepting the said doctrine, the appellants contended that there was a valid ... | 1[ds]Under cl. (2) of Art. 132 there is no scope for granting a special leave unless two conditions are satisfied: (i) the case should involve a question of law as to the interpretation of the Constitution; and (iii) the said question should be a substantial question of law. The principle underlying the Article is that... | 1 | 2,733 | 407 | ### 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 classification. As we have pointed out, at no stage of the proceedings either the correctness of the int... |
Kanchan Udyog Limited Vs. United Spirits Limited | that kind in mind as not unlikely to result from a breach. After noticing The Achilleas (2009) AC 61 it was observed: "69......The Achilleas shows that there may be cases, where based on the individual circumstances surrounding the making of the contract, this assumed expectation is not well founded." The observations ... | 0[ds]The primary document, Exhibit `F1 not having been proved, any assumptions in Exhibit `C already considered in the latter, could not be the basis for a profit projection. There was no evidence in support of the claim that Exhibit `C had been prepared in association with Dr. R.K. Baisya. No adverse inference could b... | 0 | 6,937 | 1,314 | ### Instruction:
Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document.
### Input:
that kind in mind as not unlikely to result from a breach. After noticing The Achilleas (2009) AC 61 it... |
K. Kamaraja Nadar Vs. Kunju Thevar & Others | Commission on the other need not be scrutinized for the purposes of negativing this contention. It is enough to say that such a contention has only got to be stated in order to be negatived. It would be absured to imagine that a deposit made either in a Government Treasury or in the Reserve Bank of India in favour of t... | 1[ds]29. When we come to the provisions of Part VI of the Act relating to disputes regarding elections, we find that there is no definition given in S. 79 of the expression "contesting candidate", though there are definitions of "candidate" and "returned candidate" to be found therein.An election petition calling in qu... | 1 | 9,389 | 1,739 | ### 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:
Commission on the other need not be scrutinized for the purposes of negativing this contention. It is enou... |
Anirudh Kumar Vs. Municipal Corp. Of Delhi | within its ambit hygienic atmosphere and ecological balance. It is, therefore, not only the duty of the State but also the duty of every citizen to maintain hygienic environment. There is constitutional imperative on the State Government and the municipalities, not only to ensure and safeguard proper environment but al... | 1[ds]26. In view of the above mentioned decisions of this Court, we hold that the findings and reasons recorded by both the learned single Judge and the Division Bench of the High Court that it is not public interest litigation is contrary to the law laid down by the Constitution Bench of this Court and other decisions... | 1 | 11,142 | 2,167 | ### 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:
within its ambit hygienic atmosphere and ecological balance. It is, therefore, not only the duty of the State but ... |
COMMISSIONER OF CUSTOMS, BANGALORE I Vs. M/S MOTOROLA INDIA LTD | se dispute between the parties and effect upon a large number of assessees. The issue, in such an event, surely will be one of general/public importance. Alternatively, the question raised or arising may require interpretation of the provisions of the Constitution. Such interpreta- tion may involve a fresh or a relook ... | 1[ds]9. Upon a conjoint reading of the aforesaid provisions, it could thus be seen that an appeal shall lie to the High Court against every order passed in appeal by the Appellate Tribunal, if the High Court is satisfied that the case involves a substantial question of law. The only exception carved out is that an appe... | 1 | 4,165 | 763 | ### 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:
se dispute between the parties and effect upon a large number of assessees. The issue, in such an event, surely w... |
Burmah Shell Oil Storage and Distributing Company of India Limited Vs. Commissioner of Income Tax | been indicated by the High Court that decision in Indian Overseas Bank Ltd. v. CIT1 was concerned with proviso (b) to Section 10(2)(vi - b) of the Income Tax Act, 1922 which is in pari materia with Section 34(3)(a) of Income Tax Act, 1961. The High Court has held that (a) excess amount in the earlier years development ... | 0[ds]14. After giving our careful consideration to the matter, we approve the decision of the High Court which has already been indicated in some detail. In our view, the cylinders in question did not satisfy a case of returnable packages "actually used up". It also appears to us that the High Court has held, for good ... | 0 | 3,411 | 122 | ### 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:
been indicated by the High Court that decision in Indian Overseas Bank Ltd. v. CIT1 was concerned wit... |
SHAILNDRA KUMAR JAIN Vs. MAYA PRAKASH JAIN | filed written statement admitting the claim of the plaintiff. The counsel for the defendants has also made a statement in the Court that decree be passed as prayed for. In the result, I pass a decree for declaration to the effect that the plaintiff is the owner and in possession of the properties mentioned in clause (a... | 0[ds]10. The earlier suit was filed by a son against his parents, three brothers and four sisters. In terms of compromise entered into between the Plaintiff, the parents and three brothers, the properties were mutually divided amongst said six persons. Since Amba Prasad Jain and Smt. Devi Jain were alive, the proper pa... | 0 | 1,347 | 560 | ### Instruction:
Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding.
### Input:
filed written statement admitting the claim of the plaintiff. The counsel for the defendants has also... |
Krishna Flour Mills Vs. Commissioner of Income Tax, Bangalore | on the footing that on the facts found by the Tribunal, apart from mere suspicion and surmises, no such inference as has been drawn by the Tribunal reasonably follows ; his argument is that the materials point only one way, and on such facts as the Tribunal has found no person acting judicially and properly instructed ... | 0[ds]They may now be set out seriatim : (1) the two new partners, Nagaratnamma and V. Setty, contributed their share of the capital in the manner stated in the deed of partnership ; (2) the capital account of V. Setty in the books of the partnership business showed, during the six years from 1948 to 1954, that he had a... | 0 | 2,120 | 651 | ### 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:
on the footing that on the facts found by the Tribunal, apart from mere suspicion and surmises, no such... |
Commissioner Of Income-Tax, Bombay City Vs. The Century Spinning And Manufacturing Co. Ltd | is not denied that it was actually distributed. These being the facts, the question arises whether the amount in question can be called a reserve.7. The term reserve is not defined in the Act and we must resort to the ordinary natural meaning as understood in common parlance. The Dictionary meaning of the word Reserve ... | 1[ds]9. What is the true nature and character of the disputed sum must be determined with reference to the substance of the matter and when this is borne in mind, it follows that on 1-4-1946. which is the crucial date, the sum of Rs. 5,08,637 could not be called a reserve, for nobody possessed of the requisite authorit... | 1 | 2,433 | 656 | ### 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:
is not denied that it was actually distributed. These being the facts, the question arises whether the amount in question ... |
Smt. Aslhing @ Lhingjanong Vs. L.S. John and Others | FAZAL ALI, J.1. In this election appeal the only point for determination is whether at the time when respondent No. I filed his nomination paper he held a subsisting contract with the Government for widening the PLP road.. While it is true that there was such a contract in existence prior to 30.11.1979, respondent No. ... | 0[ds]In our opinion having regard to the contents of the letter it is not possible to accept the argument of Mr. Rangarajan that the contract was subsisting. The acceptance of the letter by the authorities was unnecessary for putting an end to the contract although the breach may give rise to a cause on action for dama... | 0 | 284 | 71 | ### 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:
FAZAL ALI, J.1. In this election appeal the only point for determination is whether at the time when respon... |
Management Of Ritz Theatre (P) Ltd Vs. Its Workmen | was the specific plea made by the respondents in their statement before the Tribunal and that had been specifically traversed by the appellant. In support of its plea that the order of dismissal had been served on the employee, the appellant had examined certain witnesses; and before deciding the question as to whether... | 1[ds]12. We do not think that this view can be accepted as correct. In enquiries of this kind, the first question which the Tribunal has to consider is whether a proper enquiry has been held or not. Logically, it is only where the Tribunal is satisfied that a proper enquiry has not been held or that the enquiry having ... | 1 | 5,066 | 2,049 | ### 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:
was the specific plea made by the respondents in their statement before the Tribunal and that had been specifically traverse... |
Commissioner of Income Tax Vs. Kala Cartoons P. Limited (And Others Appeals and Special Leave Petitions) | C.A. Nos. 3967-71 of 1999 : At the instance of the Revenue, the following questions relating to the assessment years 1980-81 to 1984-85 were referred for the opinion of the High Court under section 256(2) of the Income-tax Act, 1961 : "(1) Whether, on the facts and in the circumstances of the case, the Tribunal is righ... | 1[ds]The case of the assessee for claiming allowance under section 80HH is that it is an industrial undertaking that manufactures/produces articles. The Tribunal has held that the activities of the assessee involve purchasing, peeling, freezing and export of shrimps. The said activities were held to be amounting to pro... | 1 | 515 | 220 | ### 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:
C.A. Nos. 3967-71 of 1999 : At the instance of the Revenue, the following questions relating to the ass... |
Bharat Coking Coal Limited Vs. S State Of Bihar | right of collection of sludge/slurry has been settled have all along taken the stand that the discharge of slurry/sludge by the appellants washery into the river has been polluting the river and affecting the fertility of land, therefore the State government, permitted the removal of the slurry/sludge with a view to pr... | 1[ds](10) VIEWED in the light of the above meaning of slurry, there is no doubt that in the instant cases slurry is coal slurry, as admittedly small particles of coal escape from the washery plant along with water. After it overflows the storage pond the slurry flows into the river and is deposited on the river bed, wh... | 1 | 9,722 | 2,470 | ### 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:
right of collection of sludge/slurry has been settled have all along taken the stand that the discharge of ... |
Raja Jagadambika Pratap Narain Singh of Ayodhya, Dist. Faizabad, U.P Vs. Deputy Commissioner (Assessing Authority) Faizabad | incomes of the previous year of every person. Section 5 provides the mode of determination of agricultural income while Section 6 deals with the computation of agricultural income. 7. An amendment was made in the Act by amending Act XIV of 1953. The amendment reads as under : Whereas doubts have arisen as to the liabil... | 1[ds]10. The explanation inserted (sic) by the amending Act of 1953 does not, in our opinion, lend any assistance to the appellant. The explanation sought to clarify the doubt which had arisen as to the liability of a person to assessment of agricultural incomes under the Act, in case such a person while owning or hold... | 1 | 1,995 | 298 | ### 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:
incomes of the previous year of every person. Section 5 provides the mode of determination of agricultu... |
Hari Singh Mann Vs. Harbhajan Singh Bajwa | the respondent No. 1 was an Advocate, did not justify the issuance of directions at his request without notice of the other side. The impugned orders dated 30th April, 1999 and 21st July, 1999 could not have been passed by the High Court under its inherent power under Section 482 of the Code of Criminal Procedure. The ... | 1[ds]Section 362 of the Code mandates that no Court, when it has signed its judgment or final order disposing of a case shall alter or review the same except to correct a clerical or arithmetical error. The Section is based on an acknowledged principle of law that once a mater is finally disposed of by a Court, the sai... | 1 | 2,581 | 298 | ### Instruction:
Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text.
### Input:
the respondent No. 1 was an Advocate, did not justify the issuance of directions at his request without notice of the oth... |
U.P. Financial Corporation Vs. Gem Cap (India) Private Limited And Others | in furtherance of the object underlying the Act. But this factor cannot be carried to the extent of obligating the Corporation to revive and resurrect every sick industry irrespective of the cost involved. Promoting industrialisation at the cost of public funds does not serve the public interest; it merely amounts to t... | 1[ds]Here was a company which drew substantial public funds and became sick within three months of its going into production. One of the main reasons for its sickness appears to be the inter-necine fight between the two groups controlling the Company.The unit was closed. It was not paying a single pie in repayment of t... | 1 | 3,246 | 656 | ### 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:
in furtherance of the object underlying the Act. But this factor cannot be carried to the extent of obligating the... |
Gagan Kanojia & Another Vs. State of Punjab | - AIR 1960 SC 490 para 13; and George and Others v. State of Kerala and Another (1998) 4 SCC 605 para 36]. He was not examined by the prosecution. He might not have been examined for good reasons. At one point of time, he might have been sure about the involvement of his son, but at a later stage, he would have thought... | 0[ds]9. The prosecution case is based on circumstantial evidence. Indisputably, charges can be proved on the basis of the circumstantial evidence, when direct evidence is not available. It is well-settled that in a case based on a circumstantial evidence, the prosecution must prove that within all human probabilities, ... | 0 | 4,739 | 550 | ### 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:
- AIR 1960 SC 490 para 13; and George and Others v. State of Kerala and Another (1998) 4 SCC 605 para 36].... |
Reena Banerjee Vs. Govt. Of Nct Of Delhi | and all other matters relating to such authority;(b) the class or category of persons for whom separate psychiatric hospitals and psychiatric nursing homes may be established and maintained under clause (d) of sub-section (1) of section 5;(c) . . . . . . . . . . . . . . . . . . . . .. .(d) . . . . . . . . . . . . . . .... | 0[ds]12. The functions of the Central Executive Committee in terms of Section 10 of 1995 Act, is to carry out the decisions of the Central Coordination Committee as its Executive Body; and also to perform such other functions as may be delegated to it by the Central Coordination Committee. Section 12 of the Act enables... | 0 | 8,122 | 871 | ### 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:
and all other matters relating to such authority;(b) the class or category of persons for whom separate... |
Shashi Kapila Vs. R.P. Ashwin | The appellant never contended that he had offered the suit property as an asset of the partnership firm. Nor did the firm at any time claim that the appellant threw the tenancy right over the building into the hotchpot of the partnership at any time. On the contrary, the agreement has taken care that the building is in... | 0[ds]Thus the appellant cannot lay any claim on the strength of Section 53-A of the Transfer of Property Act, even assuming that the agreement is still binding on the parties theretoThe second limb of the contention is that when the landlord himself had agreed to transfer his rights to others, such a stance is nugatory... | 0 | 2,276 | 534 | ### Instruction:
Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document.
### Input:
The appellant never contended that he had offered the suit property as an asset of the partnership firm. No... |
Aluminium Corporation Vs. Their Workmen and Others | as in the case of rehabilitation charge so also under this head, different figures have been shown in different statements. Statements Nos. 1, III and V show the reserves employed in business as Rs. 111, 74, 162.00, while in statements 11, TV and VI the amount is shown as Rs. 199, 56, 718.00. The difference is due to t... | 0[ds]It would be improper and indeed impossible in most cases to come to a correct conclusion on these matters by scrutiny of the balance-sheet itself. Whenever a Company claims deductions from the gross profits under the head return on reserves used as working capital,as prior charge, for ascertaining the available su... | 0 | 2,132 | 478 | ### 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:
as in the case of rehabilitation charge so also under this head, different figures have been shown in different st... |
Prasad Technology Park Pvt. Ltd Vs. Sub Registrar | First and Second Respondents, on the other hand, would submit that having regard to the fact that the nature of business of the company was also altered inasmuch as whereas by the earlier instrument the demise of the premises was made only for the purpose of manufacture of readymade garments and leather garments, the l... | 1[ds]10. The Appellant indisputably was permitted by the Third Respondent herein to establish a software park. The execution of supplementary agreement, it has categorically been stated, became necessary consequent upon the change in the name of the company. By reason of such supplementary agreement although it was per... | 1 | 2,151 | 655 | ### 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:
First and Second Respondents, on the other hand, would submit that having regard to the fact that the natur... |
Ambalal Purshottam & Others Vs. Ahmedabad Municipal Corporation | under Section 114 to purchase the land, and under Section 52 the municipality could request the local Government to take action for compulsory acquisition of the land and for vesting the same in the municipality. Counsel for the appellants urged that the power conferred upon the municipality could only be exercised whe... | 0[ds]6. In our judgment there is no substance in any of the contentions raised. It may be recalled that the appellants in these appeals are not the owners of the lands acquired: they are tenants in occupation of structures permitted to be constructed upon the lands after the date of the notification under Section 4 of ... | 0 | 2,789 | 1,348 | ### 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:
under Section 114 to purchase the land, and under Section 52 the municipality could request the local G... |
Pr. Commissioner of Income Tax, New Delhi Vs. Maruti Suzuki India Limited | provided in section 171, but without prejudice to the provisions of this section. Explanation.—For the purposes of this section, ?income? includes any gain accruing from the transfer, in any manner whatsoever, of the business or profession as a result of the succession? Now, in the present case, learned Counsel appeari... | 0[ds]19. While assessing the merits of the rival submissions, it is necessary at the outset to advert to certain significant facets of the presentFirstly, the income which is sought to be subjected to the charge of tax for AY 2012-13 is the income of the erstwhile entity (SPIL) prior to amalgamation. This is on account... | 0 | 8,864 | 2,897 | ### 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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provided in section 171, but without prejudice to the provisions of this section. Explanation.—For the ... |
M/s. P. D. Jain, Managing Director, Indo Europe Food Limited Vs. Oswal Agro Mills Limited and Another | 1. We have heard Shri K. N. Bhat, learned senior advocate for the petitioner and Shri S. S. Ray and Dr. Shankar Ghosh, learned senior advocates for the respondent-company 2. Petitioner-P. D. Jain, claiming to be the Managing Director of Messrs Indo Europe Food Limited, a company incorporated in the United Kingdom, whic... | 1[ds]4. We are afraid, we cannot accept this submission. If the petitioner is not able to pay the court fee, it is open to him to seek to prosecute the appeal as an indigent person. We do not want to go into and pronounce here on that status of the petitioners. It appears to us that the proper course for the petitioner... | 1 | 461 | 92 | ### Instruction:
Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding.
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1. We have heard Shri K. N. Bhat, learned senior advocate for the petitioner and Shri S. S. Ray and Dr. Shankar Ghosh, lea... |
Innamuri Gopalam and Maddala Nagendrudu and Others Vs. State of Andhra Pradesh and Another | Bill but to such goods as fall within the entirely of that taxing provision and in respect of which therefore the additional duty would be leviable, for in respect of cotton fabrics produced in India per se or simpliciter no excise duty would be leviable unless they are at the premises which are specified in the latter... | 1[ds]This submission has to be accepted and be heard no serious argument againstargument was that "textile goods" were "a class of goods" in respect of which an additional duty was leviable, though by reason of their location, viz., not being within the precincts of a factory, warehouse etc., no duty could be levied an... | 1 | 3,309 | 1,111 | ### Instruction:
Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation.
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Bill but to such goods as fall within the entirely of that taxing provision and in respect of which therefor... |
Vilas Vs. Hindustan Petroleum Corporation Limited | may be allowed to be demonstrated by supplying its proof. But such a provision can not be used to bring on record the fact that eligibility norm not met with till the relevant date, has been subsequently satisfied. Thus, it is not an opportunity extended to acquire the eligibility after the relevant date. If arguments ... | 0[ds]11. The ground in relation to affidavit of land owner mentioned in communication dated 19th August 2014, forming subject matter of challenge in Writ Petition filed by Ramakant Magar can be dealt with first. Perusal of Clause No.6.1 of the guidelines for selection reveal that at page 7 of said book of guidelines, w... | 0 | 5,277 | 1,625 | ### Instruction:
Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation.
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may be allowed to be demonstrated by supplying its proof. But such a provision can not be used to bring on r... |
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