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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Agnani (W. M.) Vs. Badri Das and Others | to glance at the twenty categories of misconduct specified by Para. 10 of the standing orders to realize that a private quarrel between an employee of the respondents and another citizen cannot fall within any of those categories. It is true that in the absence of standing orders, it would be open to the employer to co... | 1[ds]In dealing with this appeal, it is necessary at the outset to emphasize the limits of the jurisdiction of the High Court in entertaining a plea for a writ of certiorari under Art. 226. This question has been theof several decisions of this Court, and the law in relation to it is no longer in doubt. In order to jus... | 1 | 4,386 | 2,270 | ### 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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to glance at the twenty categories of misconduct specified by Para. 10 of the standing orders to realize th... |
Padma Uppal Etc Vs. State of Punjab and Others | in this view by a decision of this Court in Mirza Nausherw an Khan &Anr. v. The Collector (Land Acquisition) Hyderabad([19751 1 S.C.C. 238.) where Krishna Iyer, J who spoke for the Bench said:--"It is true that the Court has adopted a higher value for a strip 50 feet wide adjoining the road, based on the principle of b... | 0[ds]Whereas the notification under section 4(1) of the Act with regard to that acquisition was published on May 17, 1956, the notification under the said provision or the Act in respect of the instant acquisition was published on March 18, 1959 when the market value of the land in the locality had risen very high. The... | 0 | 2,742 | 341 | ### Instruction:
First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document.
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in this view by a decision of this Court in Mirza Nausherw an Khan &Anr. v. The Collector (Land Acquisition) Hyderabad([197... |
M/S Super Poly Fabriks Ltd Vs. Commnr. Of Central Excise, Punjab | submitting a half-yearly return by the assessee in the prescribed form. Section 77 provides for penalty for contravention of any provision for which no other penalty is provided. 14. Unfortunately, the appellant did not appear before the assessing authority. He also did not appear before the appellate authority. The ap... | 1[ds]8. There cannot be any doubt whatsoever that a document has to be read as a whole. The purport and object with which the parties thereto entered into a contract ought to be ascertained only from the terms and conditions thereof. Neither the nomenclature of the document nor any particular activity undertaken by the... | 1 | 2,336 | 417 | ### 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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submitting a half-yearly return by the assessee in the prescribed form. Section 77 provides for penalty for contravention... |
Messrs Indian Maize and Chemicals Limited Vs. State of Uttar Pradesh & Others | 1. Delay condoned. The petitioner is, through this petition, assailing the correctness of the order of the Allahabad High Court, Lucknow Bench, made on July 26, 1996 in Writ Petition No. 2109 of 1996. The petitioner- U.P. State Electricity Board on February 6, 1990 for the supply of electric energy of 1650 KVA. The pet... | 1[ds]when the proceedings are pending before the BIFR in respect of any matter referred to therein for inquiry by the Board, the proceedings or order of execution, distress or the like would be stayed until the proceedings get concluded before the BIFR or would not be proceeded without the leave of the Board or appella... | 1 | 1,073 | 340 | ### Instruction:
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1. Delay condoned. The petitioner is, through this petition, assailing the correctness of the order of ... |
Sital Parshad Vs. Kishorilal | may arise whether the period for redemption can be said to have been extended for six months or such other time as may be provided in or such other time as may be provided in the preliminary decree under appeal but beginning from the date of the decree in appeal. In such a case we are of opinion that it is the duty of ... | 0[ds]7. There can in opinion be no doubt that if in appeal the preliminary decree is reversed, the final decree must fall to the ground for there is no preliminary decree thereafter in support of it. It is not necessary in such a case for the defendant to go to the Court passing the final decree and ask it to set aside... | 0 | 5,441 | 3,113 | ### 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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may arise whether the period for redemption can be said to have been extended for six months or such other time as may be ... |
Talati Kantilal Bhumabai and Another Vs. Lalitaben | CHANDRACHUD, J. 1. This is an appeal from a judgment of the Gujarat High Court dated March 5, 1973 on a preliminary point, holding that the Civil Judge (Senior Division), Godhra has jurisdiction to entertain and decide the suit filed by the respondent. Setting aside the finding of the learned Civil Judge that he had no... | 0[ds]2. In view of the fact that the entire evidence in the case has been recorded by the trial Court and considering that nine years have already passed over the decision of a preliminary point, we are of the opinion that it is undesirable to dispose of this matter piecemeal. The interests of justice require temporari... | 0 | 203 | 360 | ### 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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CHANDRACHUD, J. 1. This is an appeal from a judgment of the Gujarat High Court dated March 5, 1973 on a prel... |
Deedar Singh Vs. State of Uttar Pradesh | and the others under Section 323, read with Section 34, I.P.C. Jagat Singh and Bhagat Singh were real brothers, being sons of Charan Singh. The three other co-accused of Deedar Singh are stated to be the latters friends and neighbours. On June 1, 1963, at about noon there was a quarrel between Kashmera Singh, deceased,... | 0[ds]3. In this Court Shri Hardev Singh, learned counsel for the appellant, strongly argued that it was not possible on the record to fix blame for the injuries caused to the deceased solely on the appellant and in the absence of trustworthy evidence showing that Deedar Singh alone was responsible for causing the fatal... | 0 | 1,214 | 412 | ### 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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and the others under Section 323, read with Section 34, I.P.C. Jagat Singh and Bhagat Singh were real brothe... |
Tara Masih (Dead) Thru Lrs. & Others Vs. Samuel (Dead) Through Lrs. & Others | 1. We have heard the learned counsel for the appellants - plaintiffs. None has appeared on behalf of the respondents - defendants in spite of due service of notice. 2. The plaintiffs suit for declaration of title on the basis that the defendants who had mortgaged the suit land had failed to redeem the same was dismisse... | 1[ds]5. Having considered the matter we are of the view that the contentious issues particularly with regard to the authenticity of Exhibit D.2 (Mutation Entry No.1280 dated 8th August, 1964) and the question as to whether there was a complete or partial redemption of the mortgaged property did raise substantial questi... | 1 | 519 | 189 | ### 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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1. We have heard the learned counsel for the appellants - plaintiffs. None has appeared on behalf of the res... |
SAVITHA Vs. M/S CHODAMANDALAM M.S. GENERAL INSURNACE COMPANY | NAVIN SINHA, J. 1. Leave granted. 2. The appellant, a housewife, is in appeal against inadequacy of compensation granted to her in a motor accident case. 3. The appellant while travelling in a bus belonging to respondent no.3 on 25.12.2008 met with an accident when a lorry rashly and negligently dashed against the bus.... | 1[ds]6. We have considered the submissions on behalf of the parties. The appellant failed to lead any evidence in support of her claimed profession as a tailor earning approximately Rs.6,000/- p.m. and therefore it has rightly been rejected.7. The Tribunal assessed the notional income of the appellant as a housewife at... | 1 | 527 | 299 | ### 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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NAVIN SINHA, J. 1. Leave granted. 2. The appellant, a housewife, is in appeal against inadequacy of compens... |
J. S. Bajaj & Ors Vs. Arjandas Dayaram Vachhani & Ors | the sons under Rule 19 (3) Rule 19 may here be read:"Special provision for payment of compensation to joint families;(1) Where a claim relates to properties left by the members of an undivided Hindu family in West Pakistan (hereafter referred to as the joint family) compensation shall be computed in the manner hereinaf... | 1[ds]The error into which the High Court seems to have fallen is that it has assumed that a person against whom partition can be claimed by the father of the lineal descendants constituting the joint Hindu family must be some member of that family other than his lineal descendants and that it excludes his right to clai... | 1 | 1,859 | 469 | ### Instruction:
Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding.
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the sons under Rule 19 (3) Rule 19 may here be read:"Special provision for payment of compensation to... |
Jamnadas Harakhchand & Others Vs. Narayanlal Bansilal & Others | Hegde, J. 1. These are two connected appeals. They arise from a suit which originated in the Court of Small Causes, Bombay. Civil Appeal No. 1872 of 1968 is filed by some of the defendants in that suit and Civil Appeal No. 1873 of 1968 is brought by the plaintiff in that suit. The suit was filed to recover possession o... | 0[ds]4. So far as the question of fixing the standard rent is concerned, the finding is essentially a finding of fact. Both the appellate Court as well as the High Court have agreed on that question. It is true that the appellate Court thought that the a standard rent could be fixed by apportioning the rent fixed for t... | 0 | 1,081 | 595 | ### Instruction:
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Hegde, J. 1. These are two connected appeals. They arise from a suit which originated in the Court of S... |
Atul Singh Vs. Sunil Kumar Singh | The application referred to in subsection (1) shall not be entertained unless it is accompanied by the original arbitration agreement or a duly certified copy thereof. (3) Notwithstanding that an application has been made under sub- section (1) and that the issue is pending before the judicial authority, an arbitration... | 1[ds]There is no whisper in the petition dated 28.2.2005 that the original arbitration agreement or a duly certified copy thereof is being filed along with the application. Therefore, there was a clear non-compliance of sub-section (2) of Section 8 of 1996 Act which is a mandatory provision and the dispute could not ha... | 1 | 3,437 | 157 | ### Instruction:
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The application referred to in subsection (1) shall not be entertained unless it is accompanied by the origi... |
M/s Aravali Power Co Pvt Ltd Vs. Vedprakash and Another | orders had found fault with the TPPs due to their failure to comply with the notification dated 25 January 2016 and the extended deadline which was fixed for the utilization of fly ash. In view of the subsequent development which has taken place, the basis of the order of the NGT would be fundamentally altered by the m... | 1[ds]11. Paragraph E of the notification deals with enforcement, monitoring, audit and reporting. Paragraphs (3) and (5) of paragraph E are extracted below:(3) For the purpose of monitoring the implementation of the provisions of this notification, a committee shall be constituted under the Chairperson, Central Polluti... | 1 | 2,958 | 318 | ### 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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orders had found fault with the TPPs due to their failure to comply with the notification dated 25 January 2016 and the ex... |
T.N.Generation & Distbn. Corpn Ltd Vs. Ppn Power Gen.Co.Pvt.Ltd | to the issue raised about the interest on late payment, APTEL has considered the entire matter and come to the conclusion that interest is payable on compound rate basis in terms of Article 10.6 of the PPA. In coming to the aforesaid conclusion, APTEL has relied on a judgment of this Court in Central Bank of India vs. ... | 0[ds]34. We have considered the submissions made by the learned counsel for the parties. In our opinion, the issues raised by the appellant with regard to the constitution of the State Commission and its discretion to either adjudicate or refer a particular dispute to arbitration is no longer res integra. Therefore, ev... | 0 | 14,365 | 1,680 | ### 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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to the issue raised about the interest on late payment, APTEL has considered the entire matter and come to ... |
COMMISSIONER OF CUSTOMS (PORT) KOLKATA Vs. M/S. STEEL AUTHORITY OF INDIA LTD | that 10% of this amount only should be added to the value of the plant as the plant had been sold abroad on an as is where is basis and needed to be dismantled abroad before it was ready for delivery in India. Obviously, therefore this 10% is attributable to a pre-import stage. Further, the amount of 22 Lakh Deutsche M... | 0[ds]10. The Tribunal did not accept this plea of revenue. The Tribunal in the impugned order accepted SAILs plea for segregating the value of equipments and the other fees on services covered by the same contracts, the latter charges meant for post-importation phase of the arrangement between the contracting parties. ... | 0 | 9,625 | 1,245 | ### Instruction:
Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case.
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that 10% of this amount only should be added to the value of the plant as the plant had been sold abroad on ... |
P. V. Sivarajan Vs. The Union Of India And Another | excludes or prohibits the application of the quantitative test in making rules for registration of exporters or for issuing licences for export trade. In fact the Act has deliberately left it to the rule-making authority to frame rules which it may regard as appropriate for export trade. In fact the Act has deliberatel... | 0[ds]4. There is no doubt that coir and coir products play an important role in our natural economy. They are commodities which earn foreign exchange, the total value of our exports in these commodities being of the order of Rupees Ten Crores per year. was found that several malpractice had crept in the export trade of... | 0 | 2,573 | 771 | ### Instruction:
Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding.
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excludes or prohibits the application of the quantitative test in making rules for registration of exporters ... |
Nanhey Vs. State of Uttar Pradesh | of Chunnu, a rickshaw puller, used to live with her husband in the out-houses in railway quarter no. T-71, Railway Colony, within police circle Kotwali, Moradabad. She was a sweeper by caste and her husband used to ply rickshaw. They had a daughter by name Ku. Shanti, aged about 15 years, who, also lived within them in... | 0[ds]5. Before us Shri Shivpujan Singh, the learned counsel appearing on behalf of the appellant, took us through the statement of P.W. 1, Munna, P.W. 6 Toda Singh,, P.W. 7, Munnan P.W. 15 Shanti and P.W. 17 Jaswant Singh,e of Police Station, Kotwali.The counsel wanted us toe the evidence for ourselves which normally t... | 0 | 1,175 | 279 | ### 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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of Chunnu, a rickshaw puller, used to live with her husband in the out-houses in railway quarter no. T-71, Railway Colony... |
Raja Bahadur Motilal Poona Mills Vs. Tukaram Piraji Masale | a strike shall be illegal if it is commenced or continued only for the reason that the employer has not carried out the provisions of any standing order or made "an illegal change"14. In considering whether the strike in question was illegal, the learned Judges of the High Court have expressed the opinion that there is... | 1[ds]16. In our opinion it is unnecessary to decide in this case whether the first argument of learned counsel for the appellant is correct or not; because we are clearly of the opinion that the second argument with regard to the construction of cl.(c) of sub-s. (1) of S.97 is correct and should prevail. In this case t... | 1 | 3,190 | 516 | ### 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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a strike shall be illegal if it is commenced or continued only for the reason that the employer has not carr... |
Parry & Co. Ltd Vs. Commercial Employees' Association,Madras | a day or 48 hours a week, wages at twice the ordinary rates should be paid as required by the proviso to Section 14 (1) and Section 31 of the Act. The conclusion reached by the Commissioner with regard to this issue is expressed by him in the following words:"I hold that the case of Messrs. Parry and Companys employees... | 1[ds]11. As has been pointed out already, the Labour Commissioner did decide that if the normal hours of work were previously fixed and rigidly adhered to, the employees would be entitled to seek protection under S. 50 of the Act against imposition of longer hours of work without a corresponding increase in their emolu... | 1 | 2,142 | 668 | ### 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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a day or 48 hours a week, wages at twice the ordinary rates should be paid as required by the pro... |
DEBABRATA MOHANTY Vs. RABINDRA KUMAR MISHRA & ORS | rules, the period of officiating service will be counted.?71. There was some debate at the bar whether the case at hand is covered by corollary to proposition A or by proposition B (supra). But having given our consideration to the submissions at the Bar we are inclined to agree with Mr. Rao?s submission that the case ... | 1[ds]8. This Court has already upheld the proposition (B) of the direct recruitment and has found that the seniority to the Stipendiary Engineers be given with effect from the date they were appointed as ad-hoc Assistant Engineers and would be placed below the promotee Assistant Engineers of that year. Hence in the cas... | 1 | 2,157 | 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.
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rules, the period of officiating service will be counted.?71. There was some debate at the bar whether the ... |
Raghunath & Ors Vs. Kedar Nath | Registration Act, 1908."Section 54 of the Transfer of Property Act reads:" Sale is a transfer of ownership in exchange for a price paid or promised or part-paid and part-promised.Such transfer, in the case of tangible immoveable property of the value of one hundred rupees and upwards or in the case of a reversion or ot... | 1[ds]We are unable to accept the argument put forward on behalf of the appellant. Exhibit A-26. dated 8th October, 1922 is not a registered document, and is hence not admissible in evidence to prove the nature of the transaction covered by the registered mortgage deed Ex. 4 dated 27th July, 1922. if Ex. 4 is taken by i... | 1 | 2,837 | 612 | ### Instruction:
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Registration Act, 1908."Section 54 of the Transfer of Property Act reads:" Sale is a transfer of ownership i... |
M/s. South India Viscose Limited Vs. Commissioner of Income Tax | the impugned judgment on the provisions governing extra shift allowance contained in Part I of Appendix I to the Rules. 13. We may at this stage refer to the circulars/instructions issued by the Board. By their letter dated September 28, 1970, the Board had laid down that the extra shift allowance will be allowed in re... | 1[ds]It would thus appear that for the purpose of calculating extra shift allowance allowable under Part I of Appendix I to the Rules what was required to be determined was the actual number of days on which the concern had worked double shift or triple shift, as the case may be. For the purpose of calculating the extr... | 1 | 5,668 | 634 | ### Instruction:
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the impugned judgment on the provisions governing extra shift allowance contained in Part I of Appendix I to ... |
D. N. Chanchala Vs. State Of Mysore And Ors. Etc.(With Connected Petitions) | but also elsewhere in India. It is, therefore, impossible to say that the basis of selection adopted in these rules would defeat the object of the rules as was said in Rajendrans case (supra) or make possible less meritorious students obtaining admission at the cost of the better candidates. The fact that candidate hav... | 0[ds]Under Rule 2, therefore, there are two categories of candidates who only are eligible for Selection : (1) those who have passed the P.U.C. examination or an equivalent examination, and (2) those who are graduates, having graduated with the optional subjects specified therein. The petitioner, not being a graduate, ... | 0 | 5,512 | 4,614 | ### 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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but also elsewhere in India. It is, therefore, impossible to say that the basis of selection adopted in these rules would ... |
State of Rajasthan, Jaipur Vs. S. K. Dutt Sharma | be said that the petitioner had suffered any prejudice on account of refusal on the part of the authorities to permit the petitioner to engage a legal practitioner to defend him 6. Another contention raised before the learned Single Judge was that there was a contravention of the provisions of sub-rule (6)(a)(i) of Rul... | 0[ds]We have heard learned counsel for the parties and have thoroughly perused the record. The disciplinary authority after considering in detail the evidence relating to the various charges recorded its finding on each charge. As regards charge No. 1, the disciplinary authority held that the department had failed to e... | 0 | 2,583 | 1,606 | ### 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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be said that the petitioner had suffered any prejudice on account of refusal on the part of the authorities to permit the p... |
The Commissioner of Income-Tax-3, Mumbai Vs. M/S. Saumya Finance & Leasing Company Private Limited | for the financial year was 28th November, 2007. Before this due date the Assessee Company declared and distributed an amount of Rs.2,19,97,105/by way of interim dividend for the financial year 199798. (b) When the returns were filed by the Assessee Company for the financial year 199697, the Company claimed a deduction ... | 0[ds]5. On the bare reading of the Section it is clear that the deduction as permitted is of an amount equal to so much of the amount of income by way of dividend declared by the Company as does not exceed the amount of dividend distributed by the Assessee Company on or before the due date. 6. It is clearly seen that t... | 0 | 1,315 | 391 | ### Instruction:
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for the financial year was 28th November, 2007. Before this due date the Assessee Company declared and distributed an amou... |
SIRDAR K.B.RAMACHANDRA RAJ URS (DEAD) THROUGH LRS Vs. SARAH C URS | Court has held that estoppel by conduct could not arise when a person concerned knew the right position relating to the title in property in his possession, he could not plead that he was induced to hold an erroneous belief because of the conduct of real owner of that property. This court has observed thus: 6. We will ... | 1[ds]16. The concurrent findings are recorded as to receipt of consideration and execution of the agreement to sell. There is no doubt about it that M.P. Chandrakanta Raj Urs (Plaintiff No.2) was earlier a counsel and legal advisor to K. Basavaraja Urs, but when the agreement had been executed, he was not a lawyer and ... | 1 | 4,106 | 872 | ### Instruction:
Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding.
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Court has held that estoppel by conduct could not arise when a person concerned knew the right position relat... |
Charanjit Singh Chadha Vs. Sudhir Mehra | to the hirer under the hire-purchase agreement will not amount to theft as the vital element of `dishonest intention is lacking. The element of `dishonest intention which is an essential element of constitute the offence of theft cannot be attributed to a person exercising his right under an agreement entered into betw... | 1[ds]13. But in the instant case, the ownerthe vehicle delivered to the hirer under theagreement will not amount to theft as the vital element of `dishonest intention is lacking. The element of `dishonest intention which is an essential element of constitute the offence of theft cannot be attributed to a person exercis... | 1 | 2,924 | 337 | ### 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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to the hirer under the hire-purchase agreement will not amount to theft as the vital element of `dishonest intention is la... |
Anmol Kumar Tiwari & Ors Vs. The State of Jharkhand & Ors | Court ought not to have directed the appointment of the Writ Petitioners as they were initially appointed due to irregularities committed by the authorities in the selection process. After the revision of the select list, the Writ Petitioners were replaced by others who secured more marks than them. Learned Additional ... | 0[ds]The High Court directed reinstatement of the Writ Petitioners after taking into account the fact that they were beneficiaries of the select list that was prepared in an irregular manner. However, the High Court found that the Writ Petitioners were not responsible for the irregularities committed by the authorities... | 0 | 2,108 | 654 | ### 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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Court ought not to have directed the appointment of the Writ Petitioners as they were initially a... |
Vinod Giri Goswami & Ors Vs. The State of Uttarakhand & Ors | the appointment order itself, and is made subject to the deficiency in the procedural requirements prescribed by the rules for adjudging suitability of the appointee for the post being cured at the time of regularisation, the appointee being eligible and qualified in every manner for a regular appointment on the date o... | 1[ds]In Direct Recruit Class II Engineering Officers Association (supra), this Court held that the seniority of a person has to be counted from the date of his initial appointment if he was appointed in a post in accordance with the Rules. The corollary is that where the initial appointment is only ad hoc and not accor... | 1 | 4,512 | 1,739 | ### Instruction:
Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case.
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the appointment order itself, and is made subject to the deficiency in the procedural requirements prescribe... |
Kedari Lal Vs. State of M.P. & Others | and a fine of Rs. 15,000 in default whereof to undergo further sentence of rigorous imprisonment for 1 year.6. While dealing with Criminal Appeal preferred by the appellant, the High Court took the view that Rules 14, 17 and 19 of the M.P. Civil Services (Conduct) Rules, 1965 (“the Rules” for short) prohibit the public... | 1[ds]12. In the instant case, every single amount received by the appellant has been proved on record through the testimony of the witnesses and is also supported by contemporaneous documents and intimations to the Government. It is not the case that the receipts so projected were bogus or was part of a calculated devi... | 1 | 2,119 | 346 | ### 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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and a fine of Rs. 15,000 in default whereof to undergo further sentence of rigorous imprisonment for 1 year.6. While deali... |
Suhas H Pophale Vs. Oriental Ins.Co.Ltd | particularly paragraph 18 thereof for that purpose. What is however, material to note is that this paragraph also permits discretion to be exercised when there is no declared position in law. The Bombay Rent Act exempted from its application only the premises belonging to the government or a local authority. The premis... | 1[ds]50. We have not for a moment taken any position different from the propositions in AshokaMarketing. We are infact in agreement therewith, and we are not accepting the submission of Mr. Nariman, that only contractual tenancies were sought to be covered under that judgment, and not statutory tenancies. Tenancies of ... | 1 | 15,797 | 4,618 | ### 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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particularly paragraph 18 thereof for that purpose. What is however, material to note is that this para... |
H. P. Gupta Vs. Hiralal | stock-holders of the company at their general meeting had declared the amount of dividend as proposed by the directors but had passed no resolution as to how payment was to be made. It was held that though no such resolution was passed by the stockholders, they had notice as to how the directors proposed to pay the div... | 1[ds]The High Courts reasoning was clearly based on the premise that payment of dividend has to be made at the place where the shareholder resides and therefore, it is the Magistrate within whose jurisdiction the shareholders registered address is situate who has the jurisdiction. The contention in these appeals is tha... | 1 | 3,143 | 983 | ### 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:
stock-holders of the company at their general meeting had declared the amount of dividend as prop... |
Shalimar Tar Products Ltd Vs. H.C. Sharma & Ors | there was a sub-letting, or assignment. It has been observed by the Madras High Court in paragraph (5) of the said decision as under: In Jackson v. Simons, (1923) 1 Ch. 373 (B) the question was whether the tenant broke a similar covenant. The defendant who was the tenant, without the plaintiffs consent or knowledge agr... | 0[ds]5. It is true that Justice R.S. Bachawat had expressed the view that the consent could be general or special but in the case before the Court there was no conduct which showed that there was consent by the general words of the clause in the deed. We are of the opinion on reading of the different provisions that th... | 0 | 3,492 | 483 | ### 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:
there was a sub-letting, or assignment. It has been observed by the Madras High Court in paragraph (5) of t... |
M/S. Karnataka State Forest Indus.Corpn Vs. M/S. Indian Rocks | in the recently held Board meeting of KSFIC on 19.12.1995 and the financial position was made known to the Board Members. The decision to take up granite trade by KSFIC was taken only after thorough discussion in the Board for nearly half a dozen times. The seized granite blocks were auctioned by the Corporation with t... | 0[ds]37. The plea which was raised, therefore, was not a legal plea but a plea for show of compassion expressing its inability to refund the amount because of financial constraints. Its response to the State was not based on legal premise but it was based on its own difficulty. If the agency had been terminated and had... | 0 | 6,909 | 785 | ### 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:
in the recently held Board meeting of KSFIC on 19.12.1995 and the financial position was made known to ... |
Adiraj Manpower Services Pvt. Ltd Vs. Commissioner of Central Excise Pune II | payment will be as described by the Government Authorities. 11 It is agreed between the parties that the contractor shall take necessary licence whenever required under the provisions of Contract labour (Regulation & Abolition) Act, 1970 and shall submit a copy of the same to the Company. 12. The Contractor shall maint... | 0[ds]16. The substratum of the agreement between the appellant and Sigma deals with the regulation of the manpower which is supplied by the appellant in his capacity as a contractor. The fact that the appellant is not a job worker is evident from a conspicuous absence in the agreement of crucial contractual terms which... | 0 | 3,433 | 336 | ### 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:
payment will be as described by the Government Authorities. 11 It is agreed between the parties that the contractor shall ... |
Arjunlal Bhatt Mall Gothani & Others Vs. Girish Chandra Dutta & Another | half the building. If the balance of Rs. 40,000/- was paid in equal annual instalments by 31st March of each year and the entire amount paid within 8 years the vendor was to execute a sale deed for the remaining half. The most important clause of this agreement which it would be useful to extract in full reads:"5 That ... | 0[ds]5.We are satisfied that both the Courts below have arrived at the correct conclusion that there is no evidence at all to justify an inference that the agreement in question was obtained from the appellants under undue influence or coercion. None of the instalments were paid as agreed upon. The application made by ... | 0 | 1,374 | 564 | ### 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:
half the building. If the balance of Rs. 40,000/- was paid in equal annual instalments by 31st March of each year and the ... |
Commissioner of Income Tax, Kerala Vs. C. D. Lonappan | SUBBA RAO J.1. This appeal by special leave is preferred against the judgment of the High Court of Kerala at Ernakulam in Income-tax Reference No. 22 of 1961 C. D. Lonappan, the respondent, was carrying on business in groceries, rice, paddy, etc., under the name and style of C.L.V. Brothers at Mattancherry. During the ... | 0[ds]A perusal of the order of the Tribunal discloses that it has rejected the claim of the assessee mainly on the ground that the bonus claimed had no relation to the salary and on the basis of the suspicious nature of some of the entries found in the accounts of the assessee. The High Court took the view that the fin... | 0 | 1,024 | 470 | ### 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:
SUBBA RAO J.1. This appeal by special leave is preferred against the judgment of the High Court of Kerala at... |
Delhi Cloth and General Mills Company Limited Vs. State of Uttar Pradesh and Others | of the records of the assessing authority cannot and does not amount to acquiescence or waiver of its right to file a declaration indicating its option afresh along with the return validly filed in response served under s. 15(3) of the ActApart from the aforesaid position there is yet one more aspect to which we would ... | 1[ds]It seems to us clear that s. 6 as originally framed gave an assessee the right to exercise the option, unfettered, only once after the commencement of the Act and if he once selected one method of computation of agricultural income he could not vary it subsequently in any year without the permission of the Board o... | 1 | 7,337 | 2,109 | ### 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 the records of the assessing authority cannot and does not amount to acquiescence or waiver of its right to file a declar... |
Baselius Mar Thoma Mathews & Ors Vs. Paulose Mar Athanasius Ors | should be called up to the High Court and disposed of. 3. The learned judge considered the various grounds urged before him for withdrawal of the suits to the High Court and was unimpressed by them. Merely because a considerable section of the public was tensely interested in these litigations the court was not prepare... | 1[ds]6. We agree with the learned judge of the High Court that some of the grounds put forward for withdrawal of the suits to the High Court were without merit and were rightly rejected. But we are not inclined to exaggerate the importance of the demeanour of witnesses observed by the trial judge, especially when years... | 1 | 1,630 | 366 | ### 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:
should be called up to the High Court and disposed of. 3. The learned judge considered the various grounds urged before him... |
Tejas Construction & Infras.Pvt.Ltd Vs. Municipal Council Sendhwa | by the Municipal Council and respondent No.2, the contention that the latter was not eligible on the ground stated by the appellant has been stoutly denied. Respondent-Council has, inter alia, stated: To satisfy this condition, respondent no.2 has placed on record the certificate issued by Municipal Council Upleta, whe... | 0[ds]18. The High Court has, while examining the question of eligibility of respondent No.2 by reference to the execution of the single integrated water supply scheme, recorded a finding that the nature of the work executed by respondent No.2 for Upleta satisfied the requirement of the tender notice. That finding, in o... | 0 | 4,870 | 446 | ### 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:
by the Municipal Council and respondent No.2, the contention that the latter was not eligible on the ground stated... |
Hari Shankar Vs. Deputy Director of Consolidation and Others | HEGDE, J.1. This appeal by certificate arises from consolidation proceedings regarding Khata No. 24 in village Keoli Khurd, Tehsil Khurja District Bullandshahr. The appellant contended in the said proceedings that he was a co-tenant with respondents Jyoti Prasad and Sonpal and therefore he is entitled to half share in ... | 1[ds]3. From the facts of this case, it is clear that the appellant had no reasonable opportunity to present his case in the revision application filed by Jyoti Prasad and Sonpal. On the facts of this case we are unable to hold that the appellants suspicion about the impartiality of Sri Satya Prakash was either baseles... | 1 | 865 | 227 | ### 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:
HEGDE, J.1. This appeal by certificate arises from consolidation proceedings regarding Khata No. 24 in villa... |
Thiru Manickam And Co Vs. The State Of Tamil Nadu | a person who has not himself paid such tax. So far as those observations are concerned, we are of the opinion that the emphasis in the word "refunded" as used in clause (b) of section 15 of the Central Act and the proviso to section 4 of the State Act is on repayment of the amount. A word can have many meanings. To fin... | 1[ds]Section 15 of the Central Act, as it existed at the relevant time, contemplates that every State law in so far as it imposes or authorises the imposition of tax on sale or purchase of declared goods, would be subject to the restriction and condition that the tax payable under that law in respect of any sale or pur... | 1 | 3,088 | 1,481 | ### Instruction:
First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document.
### Input:
a person who has not himself paid such tax. So far as those observations are concerned, we are of the opinion that the emph... |
S.K.G. Sugar Limited Vs. State of Bihar and Others | bound by such an agreement and, therefore, the appellant is entitled to resile from the agreement with the farmers at that meeting convened by the State Government. In Jaoras case this court had held thus: "The question is; whether such a higher price has been agreed to be paid to the sugarcane growers, the contract ha... | 0[ds]By order dated February 29, 1996 passed by this Court, the State Government was directed to work out the amount due and payable to the cane growers in terms of the undertaking given to this court at the time of passing the interim order. Pursuanat thereto, it appears and it is not in dispute that the Government ha... | 0 | 2,782 | 165 | ### 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:
bound by such an agreement and, therefore, the appellant is entitled to resile from the agreement with the farmer... |
SAKETH INDIA LTD Vs. INDIA SECURITIES LTD | in writing, to the drawer of the cheque, within fifteen days of the receipt of information by him from the bank regarding the return of the cheque as unpaid; and (c)the drawer of such cheque fails to make the payment of the said amount of money to the payee or, as the case may be, to the holder in due course of the che... | 0[ds]4. Afore-quoted Section 138 of the Act inter alia provides that where any cheque drawn by a person is returned by the bank unpaid, such person shall be deemed to have committed an offence, however, it will apply, if the conditions mentioned in Clauses (a), (b)and (c)are satisfied. Section 142 further provides that... | 0 | 1,685 | 890 | ### 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:
in writing, to the drawer of the cheque, within fifteen days of the receipt of information by him from the... |
Commissioner of Income Tax, U.P Vs. M/s. Mohd. Shakoor Mohd. Bashir | at Mauranipur to his two sons Mohd. Shakoor and Mohd. Bashir in 1942. Zahur Bux died in 1948. During the assessment years 1945-46 to l956-57, Mohd. Shakoor and Mohd. Bashir submitted their returns of income in respect of the Mauranipur business. Following his earlier decision the Income Tax Officer rejected that return... | 0[ds]7. Now, coming to the question of direction, in Murlidhar Bhagwan Das case, (1964) 52 ITR 335 = (AIR 1965 SC 342 ) (supra) this Court held that the directions that Appellate Assistant Commissioner can give, are those falling either under Section 31 (3) (b), (c) or (e) or Section 31 (4). Mr Karkhanis concedes that... | 0 | 1,337 | 253 | ### 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:
at Mauranipur to his two sons Mohd. Shakoor and Mohd. Bashir in 1942. Zahur Bux died in 1948. During ... |
Commnr. Of Income Tax, Kanpur Vs. M/S.Sahara India Savings&Invest.Corp.Ltd | amount of deposits according to the terms of contract; (b) "approved securities" means, the securities in which the trustee is authorised to invest trust money by any law for the time being in force in India and bonds or fixed deposits issued by any corporation established or constituted under any Central or State enac... | 0[ds]It is the case of the Department, however, which needs to be addressed at this stage, that prior to 1.10.1991, the word "interest" in section 2(7) was defined so as to include any amount chargeable to income tax under the head "Interest on securities". It is the case of the Department that by an amendment w.e.f. 1... | 0 | 5,376 | 1,240 | ### 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:
amount of deposits according to the terms of contract; (b) "approved securities" means, the securities in wh... |
U.P. Financial Corpn. Vs. Naini Oxygen & Acetylengens Co. Ltd.&Anr | Company was compelled to file an application for contempt being CMP No. 2715 of 1989. That Contempt Petition is still pending. The Company would, therefore, also be entitled to be compensated for the losses caused to it on account of the non-fulfilment of the undertaking given by the Corporation to the Court. 20. No do... | 1[ds]8. As against the aforesaid case of the Corporation, the contention of the Company is that pursuant to the loan sanctioned by the Corporation, the Company imported twocompressors from the U.S.A. and commissioned the Acetylene and Oxygen plants in 1979 and 1980 respectively. On account of the mismanagement of the m... | 1 | 4,399 | 1,626 | ### 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:
Company was compelled to file an application for contempt being CMP No. 2715 of 1989. That Contempt Pet... |
UNION OF INDIA Vs. SHYAMAL CHAKRAVARTY | 1. Leave granted. 2. We have heard the learned counsels for the parties. 3. The challenge in these appeals by the Union of India and the State of Jharkhand is to an order of the High Court of Jharkhand by which the charges framed against the accused respondents under Sections 120B, 420, 477A of the Indian Penal Code, 1... | 1[ds]5. We have perused the materials on record and have considered the submissions advanced at the bar. We have specifically taken note of the findings of the learned trial Court recorded in the order dated 8th March, 2013 refusing to discharge the accused respondents. We do not find any consideration of the aforesaid... | 1 | 488 | 275 | ### Instruction:
Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction.
### Input:
1. Leave granted. 2. We have heard the learned counsels for the parties. 3. The challenge in these appe... |
THE GREATER MOHALI AREA DEVELOPMENT AUTHORITY Vs. ARMINDERJIT KAUR | Abhay Manohar Sapre, J.1. Leave granted.2. These appeals are filed against the interim orders passed by the High Court of Punjab and Haryana at Chandigarh on dated 01.02.2018 in C.M. No.7303-CI of 2017 in R.F.A. No.3096 of 2017, C.M. No.8310-CI of 2017 in R.F.A. No.3536 of 2017 and dated 03.04.2018 in C.M. No.709-CI of... | 1[ds]12. Having heard the learned counsel for the parties and on perusal of the record of the case, we are inclined to dispose of these appeals by passing following order.13. The appellant shall deposit the entire awarded sum, which is the subject matter of these appeals in the High Court within 3 months. | 1 | 541 | 62 | ### 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:
Abhay Manohar Sapre, J.1. Leave granted.2. These appeals are filed against the interim orders passed by the H... |
Gunjan Girishbhai Mehta Vs. Director of Investigation and Ors | 1. Heard the learned Counsel for the parties and perused the relevant material. Delay condoned. 2. Notice Under Section 132 of the IT Act, 1961 (for short the Act) was issued in the name of a dead person. The said notice was duly received by the present Petitioner as the legal heir of the dead person. Notice of assessm... | 0[ds]We do not agree. The issue of invalidity of the search warrant was not raised at any point of time prior to the notice Under Section 158BD. In fact, the Petitioner had participated in the proceedings of assessment initiated Under Section 158BC of the Act. The information discovered in the course of the search, if ... | 0 | 497 | 310 | ### Instruction:
Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding.
### Input:
1. Heard the learned Counsel for the parties and perused the relevant material. Delay condoned. 2. Notice Under Se... |
M/s. Amritsar Sugar Mills Co. Ltd Vs. Commissioner of Sales Tax, Uttar Pradesh | a contract that despatch instructions would be furnished later necessarily means that the seller undertakes to comply with them. If under a contract itself something is to be settled later, what is settled later becomes as much binding under the contract itself as the terms already settled under the contract. Still, I ... | 1[ds]9. We agree with the view expressed by the Madras High Court. It seems to us that the object underlying S. 5 is to encourage export of goods manufactured in Uttar Pradesh and notified under S. 5. The course of trade adopted by the Indian Sugar Syndicate Ltd. and the assessee mills shows that if the word "delivery"... | 1 | 3,444 | 679 | ### 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:
a contract that despatch instructions would be furnished later necessarily means that the seller undertakes t... |
Bapusaheb Chimasaheb Naik-Nimbalkr(Dead Through Lrs.) Vs. Mahesh Vijaysinha Rajebhosale | cause of action that had arisen to plaintiff on the death of her mother on 2.9.1968, obviously under Article 65(b) but the same was again a case where mother was having a life interest. In the instant matter, as Shakuntalabai was not having a life interest, Article 65(b) of the Act has no application.12. Article 65(b) ... | 0[ds]We are unable to accept the submission as Explanation (b) to Article 65 of the Act is applicable only in the case where property is not claimed through the female but independently of woman who has died. The word "entitled" contained in Explanation (b) to Article 65 clearly means a person is entitled independently... | 0 | 4,003 | 1,092 | ### 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:
cause of action that had arisen to plaintiff on the death of her mother on 2.9.1968, obviously under Ar... |
Ajantha Transports Private Limited Coimbatore & Another Vs. M/s. T.V.K. Transports, Pulampattti, Coimbatore, Distt. & Others | categories of public interest including those laid down by valid rules. Clause (F) of sub-rule (3) of Rule 155-A. set out above, should therefore, have been taken into account, and, unless there was good enough reason to depart from it, the rule should have been followed. Had this been done, it is clear that every addi... | 1[ds]20. What the Andhra Pradesh High Court seems to have meant was that powers contained in Section 47 of the Act as well as the rule-making powers of the State must be exercised conformably with the Constitutional guarantees given to citizens by Articles 14 and 19 (1) (g) of the Constitution which are certainly not m... | 1 | 7,909 | 3,590 | ### 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:
categories of public interest including those laid down by valid rules. Clause (F) of sub-rule (3) of Rule 155-A. set out ... |
Mangal Singh & Ors Vs. Shrimati Rattno & Anr | to agree with the submission of the learned counsel for Rajkumar that it was not property within the meaning of S. 14 of the Act."In that case, it will be noticed that the widow died, while the suit for partition was still pending, and she was not in actual physical or constructive possession of the property which was ... | 0[ds]4. On merits, we are of the opinion that the decision given by the High Court against the defendants-appellants must be upheld. The first appellate Court, which was the final Court for deciding questions of fact, clearly recorded a finding that the Karewa marriage alleged to have been entered into by the plaintiff... | 0 | 6,315 | 2,518 | ### 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 agree with the submission of the learned counsel for Rajkumar that it was not property within the ... |
Patel Kantilal Parshottamdas (D) Vs. Jitendrakumar Nanjibhai Mistry .(D) Th.Lrs &Ors | law. It would be open to the parties to amend the pleadings accordingly and to lead the evidence - if the parties are so advised - in addition to the evidence already on record. It is clarified that it would also be open for the parties and the trial court to refer to and rely upon the evidence already on record. Since... | 1[ds]8. In this hue, we now revert back to the decision of the High Court in respect of suit filed by Kanti (predecessor of appellant) which is remanded back to the trial court as noted above. We are of the opinion that the aforesaid course of action adopted by the High Court in respect of relief claimed by Kanti in a ... | 1 | 2,276 | 650 | ### 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:
law. It would be open to the parties to amend the pleadings accordingly and to lead the evidence ... |
Bilquis Vs. The State of Maharashtra and Ors | them have also deposed supporting the case of the claimant. Though these witnesses were cross-examined in detail on behalf of the State Government, we do not find any credible material so as to discard the evidence of these witnesses.8. The only witness examined on behalf of the State was a Talathi (inferior revenue of... | 1[ds]Evidence of PW-3-Vimal Dongaokar also fully supports the evidence of PWs 1 and 2 to the effect that there was a well and the same was used for irrigating the land with the assistance of motor pump and pipe line. He has also deposed about the barbed fencing abound the land and about the situation of babul trees on ... | 1 | 2,170 | 1,182 | ### Instruction:
Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding.
### Input:
them have also deposed supporting the case of the claimant. Though these witnesses were cross-examined in detail ... |
P. SATYANARAYANA Vs. NANDYALA RAMA KRISHNA REDDY | out: (i) that the predecessor of the respondentplaintiff was issued a certificate under Exhibit P-21 dated 16.12.1975 under Section 38-E of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950; (ii) that the said certificate is proof enough to show the passing of title in favour of the predecess... | 0[ds]16. But we are not impressed with the said submission. We have already extracted paragraph 52 of the Order of the High Court which records reasons as to why the High Court thought that the previous proceeding will not be an impediment in the way of the respondentplaintiff filing the present suit and seeking an inj... | 0 | 2,150 | 282 | ### 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:
out: (i) that the predecessor of the respondentplaintiff was issued a certificate under Exhibit P-21 dated 16.12.1975 under... |
SAI BABU Vs. CLARIYA STEELS PVT. LTD | 1. The sole arbitrator who was appointed in this case terminated proceedings under Section 32(2)(c) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as Act), by order dated 04.05.2017. However, on an application dated 05.05.2017 to recall the aforesaid order, the learned arbitrator passed an order... | 1[ds]2. Having heard learned counsel for the parties, we are of the view that the matter is no longer res integra. In SREI Infrastructure Finance Limited v. Tuff Drilling Private Limited, (2018) 11 SCC 470 , this Court held:22. Section 32 contains a heading Termination of Proceedings. Sub-section (1) provides that the... | 1 | 717 | 597 | ### Instruction:
Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages.
### Input:
1. The sole arbitrator who was appointed in this case terminated proceedings under Section 32(2)(c) of the... |
Kishanlal Haricharan Vs. Income Tax Officer, Nizamabad | Jaganmohan Reddy, J. 1. This is an appeal by certificate against the judgment of the Andhra Pradesh High Court refusing to interfere with the order of the Income-tax Officer made under Sec. 35 (5) of the Indian Income-tax Act, 1922 (hereinafter called the Act). 2. The appellant was assessed in the status of Hindu joint... | 0[ds]3. Before us the learned advocate for the appellant contends that the final order which is referred to under S. 35 (5) is an order of the Commissioner made under SectionA (2) on August 31, 1955 and the limitation for rectification of the mistake should be computed as from that date.As we have seen earlier,the orde... | 0 | 1,030 | 302 | ### 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:
Jaganmohan Reddy, J. 1. This is an appeal by certificate against the judgment of the Andhra Pradesh High Court refusing to ... |
Commissioner of Income Tax Vs. Manoharlal Gupta and Company | in the negative, i.e., in favour of the assessee and against the Revenue Whether, on the facts and in the circumstances of the case, the tribunal was justified in holding that the assessment of the assessee as an unregistered firm for the Assessment Year 1961-62 was proper ? 2. The assessee is a firm. The assessment in... | 1[ds]Though the High Court has noted elaborately the contentions of the counsel for both sides, it rested its decision exclusively on the aforesaid earlier (unreported) decision of that Court. Unfortunately, a copy of the said unreported decision is not made available to us. We are, therefore, unable to ascertain the p... | 1 | 1,122 | 575 | ### Instruction:
Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document.
### Input:
in the negative, i.e., in favour of the assessee and against the Revenue Whether, on the facts an... |
Committee For Protection Of Rights Of Ongcemployees And Ors Vs. Oil And Natural Gas Commission Through Itschairman--Tel Bha | from claiming pension to which they were entitled before the introduction of the Contributory Provident Fund in the Commission. In support of the aforesaid submission, Shri Ramamurthi has placed reliance on the decision of this Court in Som Prakash Rekhi v. Union of India ( 1981 (1) SCC 449 11. Section 12 of the Provid... | 0[ds]In the present case, the petitioners were employed on temporary basis at the time when the Commission was established as a statutory body under the ONGC Act and on that date they were not entitled to claim pension because under the relevant Rules pension was not payable to a person employed on temporary basis. The... | 0 | 3,802 | 643 | ### Instruction:
Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case.
### Input:
from claiming pension to which they were entitled before the introduction of the Contributory Provident Fund... |
FUJIFILM INDIA PVT. LTD Vs. COMMISSIONER OF CUSTOMS (IMPORT) NHAVA SHEVA | 1. This appeal arises out of the final order No.A/1653/14/CSTB/C-I dated 29.10.2014 passed by the Customs, Excise & Service Tax Appellate Tribunal, West Zonal Bench, Mumbai in Appeal No.C/192/12-MUM.2. We have heard the learned counsels for the parties.3. The issue before the learned Tribunal was with regard to classif... | 1[ds]8. If the learned Tribunal was not in a position to accept the correctness of the decision of a coordinate Bench of Jindal Photo India Pvt. Ltd. (supra), the correct course of action would have been to seek the views of a larger Bench. Judicial discipline demanded the quasi judicial authority i.e. the learned Trib... | 1 | 432 | 112 | ### Instruction:
Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document.
### Input:
1. This appeal arises out of the final order No.A/1653/14/CSTB/C-I dated 29.10.2014 passed by the... |
M/s. Mecleod and Company Limited Vs. State of Orissa and Others | a legal test.DomicileThe place of registration is like-wise the domicile of a company, and this domicile clings to it throughout its existence. It is, however, possible that by operation of the law of the Companys domicile, another system of law may be substituted for the law of the place of registration.Unlike an indi... | 0[ds]For the purpose of the Income Tax Acts, the place of registration of a company is not, any more than the birth place of an individual, conclusive as to its residence. A company registered here (in England), with a registered office here, (in England) and governed by a board which meets here, is no doubt resident h... | 0 | 3,964 | 689 | ### 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:
a legal test.DomicileThe place of registration is like-wise the domicile of a company, and this domicile clings to... |
Dasrathlal Chandulal Joshi Vs. State of Gujarat | Fazal Ali, J.1. This is an appeal by special leave directed against the judgment of the High Court of Gujarat dated January 19, 1973, by which the High Court reversed the order of the trial Court acquitting two accused persons Manubhai Chhaganbhai Patel and Dasrathlal Chandulal Joshi and convicted them under Sections 4... | 1[ds]Under these circumstances, therefore, it will be difficult for the prosecution to substantiate the charge against the appellant merely on the ground that the appellant accompanied accused 1 wherever he went to collect donations. Mr. Sharma appearing for the State frankly conceded that apart from the evidence that ... | 1 | 1,040 | 278 | ### 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:
Fazal Ali, J.1. This is an appeal by special leave directed against the judgment of the High Court of G... |
F. Hoffmann-La Roche & Co. Ltd Vs. Geoffrey Manners & Co. Pvt. Ltd | and the corresponding letters P and "T" in "PROTOVIT" cannot possibly be slurred over in pronunciation and the words are so dissimilar that there is no reasonable probability of confusion between the words either from the visual or phonetic point of view.13. In the High Court, counsel for the respondent made a statemen... | 0[ds]The tests for comparison of the two word-marks were formulated by Lord Parker in Pianotist Co., Ltd.,s application (1906) 23 RPC 774 at p.is necessary to apply both the visual and phoneticis also important that the marks must be compared as whole. It is not right to take a portion of the word and say that because ... | 0 | 3,219 | 810 | ### 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:
and the corresponding letters P and "T" in "PROTOVIT" cannot possibly be slurred over in pronunciation and the wo... |
State Of Saurashtra Vs. Jamadar Mohamad Abdulla And Ors | against the State before the coming into force of the Constitution but enquired into and rejected by Government after the coming into force of the Constitution, it was held that unless the new sovereign had expressly or impliedly admitted the claims, the municipal courts had no jurisdiction in the matter.22. We conside... | 1[ds]The problem is really one of State succession; namely succession to International Persons as understood in International law. Such a succession takes place when one or more Internationa1 Persons take the place of another International Person in consequence of certain changes in the latters condition; there may be ... | 1 | 7,918 | 921 | ### 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:
against the State before the coming into force of the Constitution but enquired into and rejected by Go... |
M. SRIKANTH Vs. THE STATE OF TELANGANA | no reference with regard to the other proceedings. Accused No. 4 has been impleaded as a party-defendant in O.S. No. 506 of 2001 only on 30.10.2009. 22. O.S. No. 239 of 2004 has already been filed by the complainant against her brother, accused No. 1 and her three sisters inter alia for partition and separate possessio... | 1[ds]19. The complaint filed by respondent No. 2 runs into 26 pages and 26 paragraphs. As already discussed hereinabove, it reveals a disputed property claim based on inheritance between the complainant, her sisters and her brother, accused No. 1. A perusal of the complaint would further reveal, that the complainant al... | 1 | 4,722 | 1,212 | ### Instruction:
Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text.
### Input:
no reference with regard to the other proceedings. Accused No. 4 has been impleaded as a party-defendant in O.S. No. 506 ... |
M/s. Orient Trading Company Limited Vs. Commissioner of Income Tax, Calcutta | point of view from which it ought to be looked at, and looking at it from that point of view the company is right. It has done with the investments in the companies. They have disappeared. It is known exactly in money. It is known now exactly what their holding of them has meant to the company. They will never more go ... | 0[ds]13. Having regard to the principles laid down in the decisions aforementioned, it must be held that the High Court has rightly taken the view that as a result of their having taken the shares in the second company in exchange of the shares of the first company theassesseehad made realisation of the value of the sh... | 0 | 2,866 | 117 | ### 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:
point of view from which it ought to be looked at, and looking at it from that point of view the compan... |
Commissioner of Income Tax (Central) Calcutta Vs. Daulat Ram Rawatmull | present case is concerned, we cannot be oblivious of the fact that Biswanath offered security for the overdraft facility to a firm of which his father was a partner. In the circumstances, the, fact that Biswanath received no consideration for offering the fixed deposit receipt a s security for the overdraft facility wo... | 0[ds]The onus to prove that the apparent is not the real is on the party who claims it to be so. As it was the department which claimed that the amount of fixed deposit receipt belonged to the respondent firm even though the receipt had been issued in the name of Biswanath, the burden lay on the department to prove tha... | 0 | 5,722 | 848 | ### 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:
present case is concerned, we cannot be oblivious of the fact that Biswanath offered security for the overdraft facility ... |
State Of Bihar Vs. Deokaran Nenshi | the distance from the front of the building on the opposite side of the street without the consent of the London County Council and imposed penalties for offences against the Act and a further penalty for every day during which such offence should continue after notice from the County Council. The Court construed Secti... | 0[ds]9. Reg. 3 read with Section 66 of the Mines Act makes failure to furnish annual returns for the preceding year by the 21st of January of the succeeding year an offence. The language of Reg. 3 clearly indicates that an owner, manager etc. of a mine would be liable to the penalty if he were to commit an infringement... | 0 | 2,430 | 316 | ### Instruction:
First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document.
### Input:
the distance from the front of the building on the opposite side of the street without the consent of the London County Cou... |
Oriental Insurance Co. Ltd Vs. R. Swaminathan & Others | with an accident with another bus insured with the appellant-Insurance Company. As a result of the said accident, there were serious injuries sustained by the claimant resulting in amputation of the right hand. The claimant filed a claim before the Motor Accident Claims Tribunal (hereinafter referred to as ?the Tribuna... | 1[ds]While the Tribunal had awarded Rs. 40,000/l expenses?, the learned Single Judge has quashed this award under this head on the ground that the medical expenses of the claimant were met by his employer. This position is not controverted by the learned Counsel for the claimant before us. Under the head ofand sufferin... | 1 | 1,184 | 355 | ### 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:
with an accident with another bus insured with the appellant-Insurance Company. As a result of the said accident, there we... |
Aluminium Corporation of India Limited Vs. Union of India and Others | to insure its factories factory buildings, plants, machinery, etc., under the Emergency Risks (Factories) Insurance Act, 1962, and the Emergency Risks (Factories) Insurance Scheme made under that Act. A sum of Rs. 2, 43, 750 was determined by the Chief Enforcement Officer as the amount payable by the Aluminium Corporat... | 0[ds]A perusal of the provisions of the Emergency Risks (Factories) Insurance Act makes it clear that the scheme of insurance envisaged by the Act was entirely different from the scheme of a contract of voluntary insurance. Not only was there no element of consensus on any of the fundamental terms of insurance in this ... | 0 | 1,227 | 564 | ### 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:
to insure its factories factory buildings, plants, machinery, etc., under the Emergency Risks (Factorie... |
JAWAHARLAL NEHRU TECHNOLOGICAL UNIVERSITY REGISTRAR Vs. THE CHAIRMAN AND MANAGING DIRECTOR TRANSMISSION CORPORATION OF TELANGANA LTD & ORS | 1. Leave granted. Heard learned counsel for the parties.2. On 16.02.2018 the following order was passed:?Permission to file the special leave petition is granted.Learned Attorney General has pointed out that in view of the judgment of this Court in ?Bharathidasan University & Anr.Vs. All India Council For Technical Edu... | 1[ds]6. While we find merit in the submission of learned counsel for the respondents that the view taken by the High Court is correct in law, in view of distinguishing features in the present case noted in the order issuing notice, | 1 | 1,089 | 48 | ### 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:
1. Leave granted. Heard learned counsel for the parties.2. On 16.02.2018 the following order was passed:?Permission to fi... |
Satyanarayana Sinha Vs. M/S S. Lal And Company (Pvt.) Ltd | to incur huge expense, it now wants to contend that the grant of the lease is invalid. Even the first respondent, once he found that the area for which he applied for a lease was not included in the appellants lease, seems to have preferred to remain absent in the case, but the State Government wants to challenge the v... | 1[ds]8. There is no doubt, as the High Court has pointed out, that where by relaxing the Rules the Central Government intends to authorise in any case the grant, renewal or transfer of any prospecting licence or mining lease, or the working of any mine for the purpose of searching for winning any mineral, on terms and ... | 1 | 2,460 | 407 | ### 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:
to incur huge expense, it now wants to contend that the grant of the lease is invalid. Even the first respondent, ... |
Rajesh Kumar and Ors Vs. D. Commissioner of Income Tax and Ors | the director of a company and his sympathetic and objective approach to the difficult problem that arises in each case." 52. The factors enumerated in Section 142(2A) of the Act, thus, are not exhaustive. Once it is held that the assessee suffers civil consequences and any order passed by it would be prejudicial to him... | 1[ds]In this case itself the appellants were not made known as to what led the Deputy Commissioner to form an opinion that all relevant factors including the ones mentioned in Section 142(2A) of the Act are satisfied. If even one of them was not satisfied, no order could be passed. If the attention of the Commissioner ... | 1 | 8,274 | 617 | ### 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:
the director of a company and his sympathetic and objective approach to the difficult problem that arises in each case." 52.... |
SARIKA Vs. ADMINISTRATOR, MAHAKALESHWAR MANDIR COMMITTEE, UJJAIN (MP) | construction will be done with a due permission of the competent authorities. Expert committees comment: Agrees 15. It is further resolved that in order to implement the above resolution a minimum period from one month to one Year may be sought from the Honble Supreme Court. Expert committees comment: Agrees ORDER DATE... | 1[ds]9. Mahakaleshwar Jyotirlingam has so much importance for spiritual and other gains, there is a constitutional duty to protect it as envisaged in Article 25, Article 26 read with Article 49, at the same time there is a fundamental duty Under Article 51A of the Constitution to promote harmony and the spirit of commo... | 1 | 27,861 | 1,860 | ### 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:
construction will be done with a due permission of the competent authorities. Expert committees comment... |
Arnab Manoranjan Goswami Vs. The State of Maharashtra & Ors | would be abdicating its role and functions as a constitutional court if it refuses to interfere, despite the parameters for such interference being met. The doors of this Court cannot be closed to a citizen who is able to establish prima facie that the instrumentality of the State is being weaponized for using the forc... | 1[ds]This issue must be analysed from the perspective of the position that the proceeding before the High Court, after the prayer for the grant of a writ of Habeas Corpus was given up, is for quashing the FIR being CR No. 0059 of 2018 lodged on 5 May 2018.41. The High Court has dwelt at length on the decision of this C... | 1 | 17,798 | 4,115 | ### 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:
would be abdicating its role and functions as a constitutional court if it refuses to interfere, ... |
BELI RAM Vs. RAJINDER KUMAR & ANR. | (30) days, it was held, the driver neither had an effective driving licence nor can he said to be duly licenced. The conclusion, thus, was that the driver, who permits his licence to expire and does not get it renewed till after the accident, cannot claim that it should be deemed that the licence is renewed retrospecti... | 0[ds]9. We have heard learned counsel for the parties and on a query being raised, whether there is a view taken on the question as to what would be the consequence of a valid driving licence having expired both the learned counsel for the appellant and learned counsel for respondent No.2 insurance company stated that ... | 0 | 4,622 | 2,219 | ### 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:
(30) days, it was held, the driver neither had an effective driving licence nor can he said to be dul... |
Ram Sarup Vs. State of Haryana and Others | unless he possesses the educational and other qualifications mentioned in that clause. The minimum educational and other qualifications required by a candidate in order to be eligible to be appointed by as Labour-cum-Conciliation Officer are that, in the first instance, he must be a graduate of a recognised university ... | 1[ds]We are of the view that the appointment of the appellant was irregular since, he did not possess one of the three requisite qualifications but as soon as he acquired the necessary qualification of five years experience of the working of labour laws in any one of the three capacities mentioned in cl. (1) of Rule 4 ... | 1 | 1,475 | 259 | ### 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:
unless he possesses the educational and other qualifications mentioned in that clause. The minimum educ... |
ADDITIONAL COMMISSIONER REVENUE AND OTHERS Vs. AKHALAQ HUSSAIN AND ANOTHER | linkage between the land and the persons status in social system . The strip of land on which they till and live assures them equal justice and dignity of their person by providing to them a near decent means of livelihood . Agricultural land is the foundation for a sense of security and freedom from fear. Assured poss... | 1[ds]11. By the exchange deed dated 16.03.1994, the respondents Akhalaq Hussain and Saqir executed a registered exchange deed with Mangal Singh (a Member of Scheduled Tribe) whereby the respondents are said to have given 4 ½ Muthi of land (one Muthi is equal to 12.5 sq.mtrs. totalling 56.25 sq. mtrs.) in village Khata ... | 1 | 6,281 | 2,121 | ### 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:
linkage between the land and the persons status in social system . The strip of land on which they ti... |
Union Of India Vs. Jardine Henderson And Ors. (And Vice Versa) | by the High Court and in our opinion rightly."9. Mr. S. T. Desai appearing for the company submitted that where the amount was enhanced in appeal or revision there was no express provision in the I.T. Act for service of a fresh or another notice of demand for the additional amount. But if the amount was enhanced under ... | 1[ds]Hence, the notice served under s. 7 on the certificate-debtor continued to have its effect in spite of the reduction of the amount and no fresh notice under s. 7 was necessary to be served. In agreement with the High Court we have no difficulty in rejecting thiswas, therefore, not quite accurate to say that the co... | 1 | 4,141 | 1,373 | ### 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:
by the High Court and in our opinion rightly."9. Mr. S. T. Desai appearing for the company submitted th... |
Yogi Agarwal Vs. M/S Inspiration Clothes & U | company, and its two directors namely, petitioner and second respondent), affirmed by the High Court, has led to the filing of this special leave petition. For convenience, we will refer to the parties by their rank in the suit. 2. There is a delay of 182 days in filing this petition. The only reason assigned by the pe... | 0[ds]In this case, neither of the two conditions was satisfied. Firstly, the suit related to transactions said to have taken place between plaintiff and first defendant company and its two directors, whereas the documents put forth as containing the arbitration agreement related to some transactions between a proprieta... | 0 | 1,167 | 189 | ### 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:
company, and its two directors namely, petitioner and second respondent), affirmed by the High Co... |
The Project Director, Project Implementation Unit Vs. P.V. Krishnamoorthy & Ors | Section 3A of the 1956 Act until the grant or non-grant of permissions by the competent authorities under the environmental and forest laws, as the case may be, including until the stated permissions attain finality. In other words, time spent by the executing agency/Central Government in pursuing application before th... | 1[ds]Notably, no declaration was sought by the writ petitioners in reference to the provisions of the 1956 Act, the 1988 Act and in particular, Section 2 of the 1956 Act, to be ultra vires as such.Indisputably, law made by the Parliament in the present case is the 1956 Act and the 1988 Act in reference to Entry 23 of L... | 1 | 35,002 | 10,036 | ### 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:
Section 3A of the 1956 Act until the grant or non-grant of permissions by the competent authorities under ... |
Patel Field Marshal Agencies & Another Vs. P.M. Diesels Ltd. & Others | exists in the 1958 Act to understand the provisions of Section 111(3) in any other manner except that the right to raise the issue of invalidity is lost forever if the requisite action to move the High Court/IPAB (now) is not initiated within the statutorily prescribed time frame.32. Thus, by virtue of the operation of... | 0[ds]The question does not seem to have received/engaged the attention of this Court at any earlier point of time and therefore will have to be answered by us.Rather, from the resume of the provisions of the 1958 Act made above it becomes clear that all questions with regard to the validity of a Trade Mark is required ... | 0 | 8,327 | 1,619 | ### 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:
exists in the 1958 Act to understand the provisions of Section 111(3) in any other manner except that the right to raise th... |
Dasrath Gond & Others Vs. State of Orissa | offence under S. 302/149, I. P. C. on the allegation that on 25-2-1952 they, in furtherance of their common object, murdered one Madan Sahu of their village. The motive for the murder was said to be their belief that Madan Sahu was a Pungnia (sorcerer) who was mainly responsible for the prevalence of small pox in the v... | 0[ds]4. The judgment of the High Court shows that in enhancing the sentences the learned Judges were mainly influenced by their view of the facts that the offence committed by the appellants before them in fact constituted murder under S. 302 I. P. C. and not merely grievous hurt under S. 325, I.P.C.5. Whether this vie... | 0 | 1,130 | 394 | ### 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:
offence under S. 302/149, I. P. C. on the allegation that on 25-2-1952 they, in furtherance of their common... |
Union of India Vs. Chothia (H.P.) and Others Etc | records of all officers of State Forest Servicer included in the list;(b) the records of all other eligible officers of the State Forest Service who are not adjudged suitable for inclusion in the list, together with the reasons as recorded by the Board for their non-inclusion in the list" (Emphasis ours)A perusal of Re... | 0[ds]The High Court does not appear to have applied its mind to the language used in S. 5 (2) (b) of the Regulation, nor has it considered the avowed purpose of this provision which is undoubtedly in public interest. In these circumstances, therefore, we find ourself unable to agree with the view taken by the Kerala Hi... | 0 | 1,882 | 379 | ### 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:
records of all officers of State Forest Servicer included in the list;(b) the records of all other eligible officers of th... |
Punjab State Industrial Dev. Corpn. Ltd Vs. Pnfc Karamchari Sangh | appellant submitted that the PSIDC was formed in the year 1966 as one of the State Financial Institutions for promoting and developing industries in the State of Punjab. In its role of promotion and development of the industries in the State, the PSIDC promoted more than 100 companies. The object was to ensure industri... | 1[ds]The Company Court has chosen to fasten liability on a third party, i.e., the PSIDC while seized of proceedings with respect to the Company in liquidation (the PNFC). Was it legally permissible? The learned counsel for the appellant submitted that the PSIDC was formed in the year 1966 as one of the State Financial ... | 1 | 1,896 | 1,113 | ### 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:
appellant submitted that the PSIDC was formed in the year 1966 as one of the State Financial Institutions for promoting and ... |
Dilip S. Dahanukar Vs. Kotak Mahindra Co. Ltd. | the international covenants operating in the field. 66. It is of some significance to notice that in Jolly George Varghese and Another vs. The Bank of Cochin [(1980) 2 SCC 360] , this Court opined: Equally meaningful is the import of Article 21 of the Constitution in the context of imprisonment for non-payment of debts... | 1[ds]33. We must, however, observe that there exists a distinction between fine and compensation, although, in a way it seeks to achieve the same purpose. An amount of compensation can be directed to be recovered as a fine but the legal fiction raised in relation to recovery of fine only, it is in that sense `fine stan... | 1 | 10,715 | 1,773 | ### Instruction:
Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding.
### Input:
the international covenants operating in the field. 66. It is of some significance to notice that in Jolly George... |
Commissioner Of Income Tax 1 Vs. M/S. Hindustan Petroleum Corporation Ltd | by compressing the same into liquid form; and(d) Capping, fixing of seals and safety valves prior to storage and loading of filled cylinders.17) Thus, after the bottling activities at the assessees’ plants, LPG is stored in cylinders in liquefied form under pressure. When the cylinder valve is opened and the gas is wit... | 1[ds]16) Keeping the aforesaid distinction in mind, let us take note of the process of LPG bottling that is undertaken by the assessees herein and about which there is no dispute. It has come on record that specific activities atplant include receiving bulk LPG vapour from the oil refinery, unloading the LPG vapour, co... | 1 | 5,365 | 1,190 | ### 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:
by compressing the same into liquid form; and(d) Capping, fixing of seals and safety valves prior to storage... |
Pepsico India Holding Pvt.Ltd Vs. State Of Maharashtra | material are more than five time of the water tax rate of general industrial use, the financial burden of amount of difference is falling on the corporation. It was also intimated that with a view not to put financial burden on the corporation, decision of amending the rates of water supply under industrial area has be... | 0[ds]37. It is, therefore, established from all the aforesaid policy decisions of the Government for increasing the rates of water supply charges and also from the resolution of the Corporation taking a policy decision and also from the circulars issued for raising the water charges to 10 times that the decision was ta... | 0 | 7,609 | 645 | ### 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:
material are more than five time of the water tax rate of general industrial use, the financial burden of amount of differen... |
State Vs. D.A.M. Prabhu and Anr | and the supplementary charges sheet were consolidated and the court observed that summons were issued to some of the accused and that the predecessor court by order dated 22.02.1991 had mentioned that these persons may not be summoned for the time being. Thereafter, the court directed that the matter should come up for... | 1[ds]The section appears to our mind to be plain enough. If the contravention of the order made under Section 3 is by a company, the persons who may be held guilty and punished are (1) the company itself, (2) every person who, at the time the contravention was committed, was in charge of, and was responsible to, the co... | 1 | 1,575 | 347 | ### 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 the supplementary charges sheet were consolidated and the court observed that summons were issued to some of the accus... |
Grid Corporation of Orissa Limited Vs. Messrs Indian Charge Chrome Limited | in the GRID it could not absorb power generated by ICCL and as a result thereof its Captive Plant and boilers were required to be shut down. At times the boilers were closed down for several hours. Though the high rise frequency was intermittent but once the boilers were shut down they used to take more than two hours ... | 1[ds](14) We have gone through the judgment of the High Court and in our considered view it had exceeded the jurisdiction while entertaining the application of ICCL under Section 11 of the Arbitration and Conciliation Act, 199 6. The High Court erroneously assumed that the Regulatory Commission had failed to arbitrate ... | 1 | 4,214 | 1,290 | ### 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:
in the GRID it could not absorb power generated by ICCL and as a result thereof its Captive Plant and b... |
Ajoy Acharya Vs. State Bureau Of Inv.Against Eco.Offence | process in the meeting of the Cabinet Review Committee dated 28.1.1994, as also, the resolution of the Board of Directors of the MPSIDC dated 31.1.1994. The charge against the appellant is based on the fact, that the appellant allowed the Board of Directors of the MPSIDC to pass the resolution dated 19.4.1995, inspite ... | 0[ds]We are of the view, that the appellants reliance on Section 141 of the NI Act, as also, the judgment rendered by this Court in National Small Industries Corporation Ltd. (supra), is misconceived. The appellant is not being blamed for the implementation of the resolution of the Board of Directors of the MPSIDC date... | 0 | 11,569 | 1,804 | ### 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:
process in the meeting of the Cabinet Review Committee dated 28.1.1994, as also, the resolution of the Board of Directors ... |
Bhaskar Shrachi Alloys Ltd. and Ors Vs. Damodar Valley Corporation and Ors | have gone through the reasoning adopted by the learned Appellate Tribunal in this regard. Having clarified the manner in which the fourth proviso to Section 14 of the 2003 Act has to be understood, we do not find the reasoning adopted by the learned Appellate Tribunal on the issues relating to depreciation and sinking ... | 0[ds]27. We have considered the reasons which had weighed with the CERC as well as the learned Appellate Tribunal in granting the aforesaid transitory period. The present dispute, regardless of the way it is resolved, would have relevance to the quantum of the tariff, depending on whether the determination is made on t... | 0 | 11,134 | 2,668 | ### 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:
have gone through the reasoning adopted by the learned Appellate Tribunal in this regard. Having clar... |
S.V.ASGAONKAR Vs. MUMBAI METROPOLITAN REGN.DEVT.AUTH | 1999 as was approved by the Authority for the allotment of land to the MMRDA ClassIV Employees Cooperative Housing Society at Panchpakhadi. We are in a readiness to make the necessary payment for taking the possession of the land of 13,700 sq.mtr. area on the terms prescribed in the above referred Government of Maharas... | 1[ds]12. The letter dated 05.11.1998 refers to Disposal of Land Regulations. At this juncture, we may notice the above Regulations which were amended on 29.04.1997. The amended Regulation, 1997 has been brought on the record by the appellants themselves through rejoinderaffidavit. In the Amendment Regulation Clause (iA... | 1 | 3,513 | 1,102 | ### 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:
1999 as was approved by the Authority for the allotment of land to the MMRDA ClassIV Employees Cooperative Housin... |
Bongaigaon Refinery & P.C. Ltd Vs. Girish Chandra Sarmah | Deputy General Manager; Shri T.V.John, CM/DGM (Finance) and Shri P.K.Gogoi, SM/CM (Project-Civil) were the members along with the respondent. All these three Committees have processed the deal and it is only the respondent has been made a scapegoat. After going through the report and the finding recorded by the Divisio... | 0[ds]9. Learned Additional Solicitor General has submitted that since learned counsel for thet petitioner has already abandoned the plea of perversity i.e. that the finding is perverse, the same is not open for learned counsel for the respondent writ petitioner to press again before the Division Bench of the High Court... | 0 | 3,539 | 216 | ### 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:
Deputy General Manager; Shri T.V.John, CM/DGM (Finance) and Shri P.K.Gogoi, SM/CM (Project-Civil) were the... |
The Maharashtra Power Development Vs. Dabhol Power Company & Others | specifying the removal and/or election of the substitute shareholder Director and pending such general meeting shall procure that the Board shall appoint such candidate. If any Shareholder Director ceases to hold office the Members shall procure the office the Members shall procure the election of substitute nominated ... | 0[ds]31. How could the decision to pursue arbitration proceedings be oppressive. As a matter of fact, before the Company Law Board, ultimately, it was submitted that the petitioner was not against the prosecution of legal proceedings but was only questioning the context in which the respondent Nos.2 and 4 reactivated t... | 0 | 23,096 | 1,208 | ### 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:
specifying the removal and/or election of the substitute shareholder Director and pending such general meeting sha... |
Ganpati Joti Kumbhar Vs. Jayasingrao Abasaheb & Others | the language of S. 88(1)(b). The lease is in respect of lands held on lease for the benefit of an industrial or commercial undertaking.Mr. Desai has pointed out that the meaning of the expression held may better be understood by a reference to the expression to hold which occurs in S. 3(11), Land Revenue Code. That thi... | 0[ds]It is obvious that onthe Rajesaheb of Kagal could not actually convey to the company the interest which the Rajesaheb of Kagal had already conveyed in favour of the tenants who are the applicants in the two special applications. That interest was the right to enjoy the property and so long as the leases were in op... | 0 | 3,837 | 1,146 | ### 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 language of S. 88(1)(b). The lease is in respect of lands held on lease for the benefit of an industria... |
Ahmad Hafiz Khan Vs. Mohammad Hasan Khan | Civil Judge and his successive appeals to the District Judge and the High Court also failed. The judgment of the High Court was passed on December 24, 1959, and the present appeal is filed against that judgment with the special leave of this Court. The contention of the appellant is that the cultivating rights in the s... | 1[ds]5. In the present case the attachment was before, and the sale after the date when the Abolition Act came into force in this area. There was no mortgage of or charge on the cultivating rights in sir. The decree-holder Mohd. Yusaf had only a money-decree and the attachment cannot said to have created a charge on th... | 1 | 1,435 | 410 | ### 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:
Civil Judge and his successive appeals to the District Judge and the High Court also failed. The judgment of the High Cour... |
Preetam Singh (Dead) By Lrs. and Others Vs. Assistant Director of Company | and prayed that entries be corrected in favour of the Gaon Sabha. The appellants contested the objections before the Consolidation Officer. 3. Their case was that the land in dispute was under the tenancy of some people when the U.P. Zamindari Abolition Act was in force. The same did not vest in the Gaon Sabha as unocc... | 1[ds]4. When the matter was in revision before the Assistant director (Consolidation), he had the entire matter before him and his jurisdiction was unfettered. While in seisin of the matter in his revisional jurisdiction, he was in complete control and in position to test the correctness of the order made by the Settle... | 1 | 1,325 | 256 | ### 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:
and prayed that entries be corrected in favour of the Gaon Sabha. The appellants contested the objections before ... |
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