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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BABULAL VARDHARJI GURJAR Vs. VEER GURJAR ALUMINIUM INDUSTRIES PVT LTD. MR. SUNDRARAJAN DEVANATHAN, IRP LTD. AND ANOTHER | 1. Appeal admitted. 2. Heard learned counsel for the parties. 3. This appeal takes exception to the judgment and order dated 17.09.2018 passed by the National Company Law Appellate Tribunal at New Delhi, in Company Appeal (AT) (Insolvency) No. 549/2018. 4. The National Company Law Appellate Tribunal dismissed the appea... | 1[ds]6. Although, we find that the ground articulated in the appeal memo is vague, but, as the objection regarding limitation goes to the root of the matter and touches upon the jurisdiction of the National Company Law Tribunal to proceed with the claim of the respondent; and since the recent decision of this Court in ... | 1 | 440 | 218 | ### Instruction:
Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation.
### Input:
1. Appeal admitted. 2. Heard learned counsel for the parties. 3. This appeal takes exception to the judgment... |
SURINDER NATH KESAR Vs. BOARD OF SCHOOL EDUCATION | preceding the interruption should not be less than five years duration. In cases where there are two or more interruptions, the total service, pensionary benefits in respect of which shall be lost if the interruptions are not condoned should not be less than five years. (3) The interruption should not be of more than o... | 0[ds]12. From the above, it is clear that the case of the appellant was not covered by Rule 4.23 and further the request for granting relaxation by the Government from Rule 4.23 was not acceded to. When the State has refused to grant relaxation in the rule, the refusal by the respondent for adding the period of interru... | 0 | 3,508 | 627 | ### 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:
preceding the interruption should not be less than five years duration. In cases where there are two or more... |
In Re: United India Insurance Co. Ltd. and Ors Vs. | India, in the year 2000, the 4 state-run, general insurance companies namely National Insurance Company Ltd, New India Assurance company limited, Oriental Insurance Company Ltd, and United India Insurance Company Ltd, started functioning independently. 4 That the said insurance companies formed an informal association ... | 1[ds]8. A perusal of the order passed by the learned Single Judge of the High Court dated 12.09.2014 as extracted above indicates that learned Single Judge directed for suo moto registration of a Public Interest Litigation to look into the matter so that much relief could come about to the poor litigants, the reason, w... | 1 | 3,824 | 1,193 | ### 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:
India, in the year 2000, the 4 state-run, general insurance companies namely National Insurance Company Ltd, New India Assur... |
Estate Officer Vs. Colonel H.V. Mankotia (Retired) | the court, from which the reference has been received under sub-section (1) for disposal in accordance with law. (6) Where no award is made by the Lok Adalat on the ground that no compromise or settlement could be arrived at between the parties, in a matter referred to in subsection (2), that Lok Adalat shall advice th... | 1[ds]7. Thus, a fair reading of the aforesaid provisions of the Legal Services Authorities Act, 1987 makes it clear that the jurisdiction of the Lok Adalat would be to determine and to arrive at a compromise or a settlement between the parties to a dispute and once the aforesaid settlement / compromise fails and no com... | 1 | 2,607 | 651 | ### Instruction:
Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding.
### Input:
the court, from which the reference has been received under sub-section (1) for disposal in accordance with l... |
G B Mahajan Vs. The Jalgaon Municipal Council | frequently cited passage (though most commonly cited only by its nickname) in administrative law. It explains how reasonableness, in its classic formulation, covers a multitude of sins. These various errors commonly result from paying too much attention to the mere words of the Act and too little to its general scheme ... | 0[ds]( 12. ) Re: Contention (a) The mode of financing of the project is stated to be unconventional one and does not accord with any recognised or accepted norms of functioning and financial discipline of Governmental bodies. It is urged that while the Municipal Council could have engaged a contractor to execute the wo... | 0 | 8,911 | 759 | ### 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:
frequently cited passage (though most commonly cited only by its nickname) in administrative law.... |
The Atlas Cycle Industries Ltd. & Another Vs. The State of Haryana & Another | controversy in the present appeals is solved by finding out as to whether the notification dated 3 November, 1942 imposing octroi within the limits of the Sonepat Municipality became applicable by reason of the provisions contained in Section 5 (4) of the Act. It is noticeable at the outset that Section 5 (4) of the Ac... | 1[ds]21. The controversy in the present appeals is solved by finding out as to whether the notification dated 3 November, 1942 imposing octroi within the limits of the Sonepat Municipality became applicable by reason of the provisions contained in Section 5 (4) of the Act. It is noticeable at the outset that Section 5 ... | 1 | 3,216 | 2,294 | ### 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:
controversy in the present appeals is solved by finding out as to whether the notification dated 3 November, 1942 imposing... |
Raja Jagdish Pratap Sahi Vs. State Of Uttar Pradesh | can be taken. This section was amended by S. 21 of the Indian Income-tax (Amendment) Act, 1953, by which the following explanation was added:"Explanation.- A proceeding for the recovery of any sum shall be deemed to have commenced within the meaning of this section, if some action is taken to recover the whole or any p... | 0[ds]It is true that Section 232 of the Income-tax Act of 1961 provides that the modes of recovery under that Act are not exhaustive, but this clarification, which it is, does not imply that it is only by virtue of a specific provision that the legislature has conferred this right upon the Revenue where it did not earl... | 0 | 2,002 | 820 | ### 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:
can be taken. This section was amended by S. 21 of the Indian Income-tax (Amendment) Act, 1953, by which the following expla... |
Union Of India Vs. Ram Charan & Others | sufficient cause from continuing the suit. The period of limitation prescribed for making such an application is three months, under Art. 171 of the First Schedule to the Limitation Act. This is a sufficiently long period and appears to have been fixed by the legislature on the expectancy that ordinarily the plaintiff ... | 0[ds]It may be mentioned that in view of r. 11 of O.XXII, the words plaintiff, defendant and suitin that Order include appellant, respondent and`appeal respectively. The consequence of the abatement of the suit against the defendant is that no fresh suit can be brought on the same cause of action. Sub-rule (1) of r. 9 ... | 0 | 3,885 | 1,420 | ### 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:
sufficient cause from continuing the suit. The period of limitation prescribed for making such an appli... |
Chhana Rani Saha Vs. Mani Pal @ Kaltu Pal | from others. The trial Court, therefore, allowed the application and conferred the right, title and interest of the land in question on the appellant along with possession of the suit land.4. The Appellate Court reversed the aforesaid order on the ground that the appellant is not a co-sharer of the land and further tha... | 1[ds]7. Section 8 confers a right ofon a bargardar that is a tenant of the land, or aof the raiyat who owns the land and on any other raiyat possessing land adjoining such plot of land. One of the conditions on which a right ofmay be claimed is where a portion or share of land or any other raiyat is transferred to any ... | 1 | 1,438 | 271 | ### 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:
from others. The trial Court, therefore, allowed the application and conferred the right, title and interest... |
Srinivasa Enterprises and Others Vs. Union of India Etc | meticulous exceptions and has to proceed on broad categorisations, not singular individualisations.9. We give short shrift to the next contention based upon Art. 14. Broadly presented, the argument is that conventional chits and prize chits are substantially similar and, therefore, permission to continue conventional c... | 0[ds]Surely, Art. 19(6) permits reasonable restrictions in the interest of the general public on the exercise of the right conferred by Art. 19(1)(g). It is a constitutional truism restrictions, in extreme cases, may be pushed to the point of prohibition if any lesser strategy will not achieve the purpose. Fundamental ... | 0 | 4,568 | 1,209 | ### 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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meticulous exceptions and has to proceed on broad categorisations, not singular individualisations.9.... |
Honda Siel Cars India Ltd Vs. Commissioner Of Income Tax, Ghaziabad | The very purpose of Agreement between the two companies was to set up a joint venture company with aim and objective to establish a unit for manufacture of automobiles and part thereof. As a result of this agreement, assessee company was incorporated which entered into TCA in question for technical collaboration. This ... | 0[ds]13. We have considered the respective submissions of counsel for the parties on either side. First thing which is discernible in the impugned judgment of the High Court is that the High Court has proceeded entirely on the basis that technicalwas used for setting up of a plant for manufacture of automobiles. Judgme... | 0 | 7,759 | 1,268 | ### Instruction:
Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding.
### Input:
The very purpose of Agreement between the two companies was to set up a joint venture company with ai... |
R. C. Chandiok & Anr Vs. Chuni Lal Sabharwal & Ors | any stage were not ready and willing to perform their part of the contract. The High Court had taken another aspect of readiness and willingness into consideration, namely, the possession of sufficient funds by the appellants at the material time for payment of the balance of the sale price. Romesh Chand P.W. 6 had sta... | 1[ds]6. We are unable to concur with the reasoning or the conclusions of the High Court on the above main points. It is significant that the lease deed was not executed in favour of the respondents by the Government until May 21, 1956. So long as their own title was incomplete there was no question of the sale being co... | 1 | 3,853 | 1,126 | ### Instruction:
Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding.
### Input:
any stage were not ready and willing to perform their part of the contract. The High Court had taken another aspect of rea... |
BHARTIBEN NAYABHA KER Vs. SIDABHA PETHABHA MANKE | CORRIGENDUM1 After the judgment was delivered on 5 April 2018, the matter has been mentioned for correcting certain typographical mistakes in the judgment. We accordingly correct the judgment dated 5 April 2018 to the following extent:(i) The last sentence of paragraph 4 shall stand corrected to read as follows:?Second... | 1[ds]The High Court has computed the total income of the deceased at Rs 91,800 (Rs 55,000 being the income from agriculture and Rs 36,800 being the income from salary). In view of the decision of the Constitution Bench in Pranay Sethi (supra), an addition of 25% is warranted, on account of future prospects having regar... | 1 | 845 | 203 | ### 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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CORRIGENDUM1 After the judgment was delivered on 5 April 2018, the matter has been mentioned for correcting... |
Rajasthan Housing Board Vs. New Pink City Nirman Sahka.Sam.Ld | an order is expressed in the name of the President or the Governor and is authenticated in the manner prescribed by the rules, the same cannot be treated as an order made on behalf of the Government. A reading of the Letter dated 6-12-2001 shows that it was neither expressed in the name of the Governor nor was it authe... | 1[ds]Admittedly, possession from the Society had been taken on 22.5.1982. The Society submitted the objections before the LAO on 20.7.1982. While rejecting the objections on 4.9.1982, the Special Officer, Urban Development Authority, LAO, had unilaterally observed that the acquisition cannot be said to be in violation ... | 1 | 15,153 | 1,999 | ### 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:
an order is expressed in the name of the President or the Governor and is authenticated in the manner prescribed by the ru... |
Prakash Chand Sharma and Others Vs. Narendra Nath Sharma | if Babu Ram. The amount of loans covered by these two bonds were very small compared to the advance of loan by Bhagwati Prasad. This clearly establishes that the parties had separate dealings not because they were members of the joint family but in all probability as separated members. Ext. A-29 is a copy of the plaint... | 0[ds]3. We have heard learned for the parties who took us through the relevant documents in the case. The documentary evidence clearly establishes the case of the defendant and negatives that of the plaintiffs. We fully agree with the conclusion arrived at by the High Court on the basis of the said documents. The docum... | 0 | 1,832 | 702 | ### 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:
if Babu Ram. The amount of loans covered by these two bonds were very small compared to the advance of loan by Bh... |
Yes Bank Limited Vs. Madhu Ashok Kapur & Others | expressed in the recent past about the functioning of the commercial banks in the country in the context of our economic growth and planned development. The resources of the banking system need to be distributed equitably and purposefully in conformity with the developmental requirements so that priority sectors receiv... | 0[ds]Mr. Cooper firstly submitted that civil courts have no jurisdiction to entertain a challenge to the appointment of directors of companies incorporated under the provisions of the Companies Act, 1956.The submission is not well founded. It is not necessary to deal with the submission in any detail as it is answered ... | 0 | 7,927 | 2,343 | ### 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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expressed in the recent past about the functioning of the commercial banks in the country in the context of our economic ... |
Kirloskar Oil Engines Limited Vs. Union of India | rotary. The expression "thrust washers" means a washers used at one or each end of a plain journal bearing in order to take light-duty thrust loads, and the expression "thrust Half-Washer" means one half of a split thrust washer. "Thin walled bearing line" is defined as a bearing liner in which the wall thickness is su... | 1[ds]It cannot be disputed for a moment that the Assistant Collector and the Appellate Authority while exercisingpowers cannot fetter the discretion with the direction contained in the trade notice or by trade advice and the discretion must vest only upon the material available with the Department to determine how the ... | 1 | 4,112 | 1,728 | ### 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:
rotary. The expression "thrust washers" means a washers used at one or each end of a plain journal be... |
M/S. Nagindas K. & Bros. & Others Vs. The Official Liquidator, High Court & Others | the company in liquidation was closed without any business activity. No income has been fetched from the properties which were in the hands of the Liquidator and the Central Bank, as a secured creditor had been paying the security charges and incurring expenses for several years;(iii) In view of the overriding provisio... | 0[ds]12. The Company application, which the Liquidator moved before the Company Judge and which resulted in the passing of the order dated 12 February 2013 was merely consequential to the order passed by the D.R.T. The learned Company Judge was in our view right in coming to the conclusion that it would lie outside the... | 0 | 2,363 | 319 | ### Instruction:
Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding.
### Input:
the company in liquidation was closed without any business activity. No income has been fetched from the propertie... |
Radhy Shyam Vs. Shyam Behari Singh | 85 (FB)), the High Court of Delhi also has held that the expression judgment in Cl. 10 of the Letters Patent of the Lahore High Court not only meant a judgment having the effect of a decree, but any Order which affected the merits of a controversy between the parties by determining some disputed right or liability. 6. ... | 0[ds]Some of these decisions, however, are under Sections 109 and 110 of theCode of Civil Procedure and Articles 133 and 134 of the Constitution which would have no bearing on the construction of Clause 10 of the Letters Patent. But before we enter into the controversy as to the meaning of the term judgment in Cl. 10 i... | 0 | 3,532 | 1,053 | ### 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:
85 (FB)), the High Court of Delhi also has held that the expression judgment in Cl. 10 of the Letters... |
Balaji Vs. Income Tax Officer, Special Investigation Circle | 42 and 46 to 54 of 1958, D/- 9-12-1960) : (AIR 1961 SC 552 ). There, the petitioners impugned the constitutionality of the Travancore-Cochin Land Tax Act, XV of 1955, as amended by the Travancore-Cochin Land Tax (Amendment) Act, X of 1957, and Sinha, C. J., speaking for the Court held that the Act was void as infringin... | 0[ds]A husband or a father could nominally take his wife or his minor sons in partnership with him so that the tax burden might be lightened, for if the income was divided between a number of people, the income derived by an individual therefrom might fall under the limits of taxable income or under a less onerous slab... | 0 | 5,276 | 1,632 | ### 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:
42 and 46 to 54 of 1958, D/- 9-12-1960) : (AIR 1961 SC 552 ). There, the petitioners impugned the constitutionality of the... |
THE CHIEF EXECUTIVE OFFICER, BHILAI STEEL PLANT, BHILAI Vs. MAHESH KUMAR GONNADE & ORS | benefit on the basis of certificate which has been cancelled by the High Power Caste Scrutiny Committee. 11. While applying the ratio of Milind as above, the High Court, however, failed to take note of the following clarification given in Dattatray (supra), regarding the ratio in Milind: - 5. ………But the said decision h... | 1[ds]9. At the outset, given that the Jagdish (supra) as relied on by respondent nos.2 & 3 was pronounced on 06.07.2017, almost 6 months after the impugned judgment on 09.01.2017, the same could not have been considered by the High Court.10. As can be seen, the High Court granted relief to the respondent no.1 by referr... | 1 | 2,746 | 1,275 | ### 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:
benefit on the basis of certificate which has been cancelled by the High Power Caste Scrutiny Committee... |
The First Additional Income-Tax Officer, Mysore Vs. H.N.S. Iyengar | . . . . . . . . . . . . . . . . . ." It is quite clear from this section that according in the Finance Act 1948, the income-tax was to be charged at the rates specified in the Schedule attached thereto for the year beginning on the 1st day of April, 1948, and the assessment was for the year ending on March 31, 1949 und... | 1[ds]It is quite clear from this section that according in the Finance Act 1948, the income-tax was to be charged at the rates specified in the Schedule attached thereto for the year beginning on the 1st day of April, 1948, and the assessment was for the year ending on March 31, 1949 under sub-secs. (2) and (3) Thus ac... | 1 | 2,124 | 486 | ### Instruction:
Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding.
### Input:
. . . . . . . . . . . . . . . . . ." It is quite clear from this section that according in the Finance Act 1948, t... |
Engineering Kamgar Union Vs. M/S. Electro Steels Castings Ltd | If the proposal made by the State is limited qua the repugnancy of the State law and law or laws specified in the said proposal, then it cannot be said that the assent was granted qua the repugnancy between, the State law and other laws for which no assent was sought for. Take for illustration that a particular provisi... | 0[ds]. It may be true that the reason for amending Chapter V-B of the Central Act by reason of Act No. 46 of 1982 inter alia was to extend the beneficent provisions to workmen of small establishments by reducing the existing employment limit thence from 300 to 100. But it is equally true that the State Act was amended ... | 0 | 7,670 | 819 | ### Instruction:
Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document.
### Input:
If the proposal made by the State is limited qua the repugnancy of the State law and law or laws specif... |
OMKAR SINHA & ANR Vs. SAHADAT KHAN & ORS | Thereafter, as is true with any Government decision, of the nature involved, it is a time consuming affair. What is relevant is the legality of the matter and therefore, for the validity of the matter if it is a Government order, it has to be an order of the Governor, which he agrees with the learned senior counsel for... | 1[ds]14. We think it is unnecessary to again burden the judgment with copious reference to case law as we have already referred to the paragraphs as contained in the Constitution Bench of this Court in Bachhittar Singh (supra).What is relevant is that under the Rules, Rule 14(1) provided for promotion from the post of ... | 1 | 4,693 | 789 | ### 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:
Thereafter, as is true with any Government decision, of the nature involved, it is a time consuming affair. What is relevan... |
Chalisgaon Shri Laxmi Narayan Mills Company Limited Vs. Armitlal Kalidas, Kanji | language of the section, damages are awarded in exceptional cases on the footing that the other party was aware of the circumstances which entitled the claimant to damages on the other footing. In this second class of cases damages are occasionally awarded on the footing of loss of profits because of knowledge of the p... | 1[ds]Now it is true that under the contract between the parties, the delivery was to be ejected by the defendants Millsgodown at Chalisgaon it is also true that in term 1 in the provisional contract it is provided that delivery of the goods will be given against cash payment. In this connection, it is also necessary al... | 1 | 6,933 | 3,697 | ### 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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language of the section, damages are awarded in exceptional cases on the footing that the other party was awa... |
DELHI DEVELOPMENT AUTHORITY Vs. M/S. KARAMDEEP FINANCE AND INVESTMENT (I) PVT. LTD | 5 SCC 492. This Court in T. Lakshmipathi (supra) had examined the doctrine of merger as contained in Section 111(d). In Paragraph Nos. 14 to 17, following was laid down:- 14. The common-law doctrine of merger is statutorily embodied in the Transfer of Property Act, 1882. Section 111(d) provides: 111. Determination of l... | 0[ds]11. We have already noticed above that original lessee Trilochan Singh Rana entered into agreement of sale with M/s. Ocean Construction Industries Pvt. Ltd. dated 29.09.1988 to transfer the rights for a consideration of Rs.76,00,000/-. Exercising power under Section 269UD of Income Tax Act, 1961, appropriate autho... | 0 | 7,705 | 2,809 | ### 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:
5 SCC 492. This Court in T. Lakshmipathi (supra) had examined the doctrine of merger as contained in Se... |
P.R. Prabhakar Vs. Commissioner of Income Tax, Coimbatore | thereof, which is as under: "This amendment takes effect retrospectively from 1st April, 1986, the day on which the substituted section 80HHC took effect. It will, accordingly, apply in relation to assessment year 1986-87 and subsequent years." 8. The aforementioned circular dated 19th December, 1991 issued by the CBDT... | 1[ds]9. Once it is held that the amendment carried out in 1991 by reason of Finance Act (No. 2), Act, 1991 was prospective in nature, ex facie the High Court committed a serious error in opining that the same being clarificatory in character would apply to the assessment year in question. By reason of the purported cla... | 1 | 2,960 | 317 | ### 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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thereof, which is as under: "This amendment takes effect retrospectively from 1st April, 1986, the day on wh... |
STATE BANK OF INDIA & ORS Vs. ATINDRA NATH BHATTACHARYYA & ANR | removal from service was passed on May 2, 2016 inter alia on the ground that the respondent has committed serious lapses which resulted to perpetration of frauds, such acts are in gross violation of extant norms of the Bank and resulted undue gain to third parties.7. Learned counsel for the appellant relied upon the ju... | 1[ds]9. We have heard the learned counsel for the parties and find that the direction issued by the Division Bench to grant another opportunity is not tenable in the facts of the present case.The learned Single Bench has set aside the order of punishment as well as the penalty order directing the employer to serve a no... | 1 | 1,556 | 386 | ### 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:
removal from service was passed on May 2, 2016 inter alia on the ground that the respondent has committ... |
Baldev Raj Miglani Vs. Urmila Kumari | for, in her cross-examination done on April 4, 1963, she clearly stated that respondents delivery might take place in May 1963 which fact ultimately turned out to be true for the respondent did deliver on May 20, 1963. There is one more aspect of her evidence which requires to be noted. If the respondents version were ... | 1[ds]The High Court also referred to a case mentioned in Modis Medical Jurisprudence and Toxicology (15th ed.) at page 323 where "a woman aged 30 years gave birth to a girl after gestation of 210 daysten times three weekswhich was her normall period. The child cried lustily at birth, had good crop of hair, was well coa... | 1 | 2,201 | 345 | ### 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:
for, in her cross-examination done on April 4, 1963, she clearly stated that respondents delivery might take place in May ... |
P.S. Sathappan(Dead) By Lrs Vs. Andhra Bank Ltd | Constitution. Merely because there is a provision for amendment does not mean that, in the absence of an amendment or a contrary provision, the Letters Patent is to be ignored. To submit that a Letters Patent is a subordinate piece of legislation is to not understand the true nature of a Letters Patent. As has been hel... | 1[ds]28. We find ourselves in complete agreement with the arguments of Mr. Sorabjee that in the instant case Section 104 read with Order 43 Rule 1 does not in any way abridge, interfere with or curb the powers conferred on the Trial Judge by Clause 15 of the Letters Patent. What Section 104 read with Order 43 Rule 1 do... | 1 | 33,140 | 2,217 | ### 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:
Constitution. Merely because there is a provision for amendment does not mean that, in the absence of... |
Amolak Ram Khosla Vs. Commissioner of Income Tax, Delhi II | BAHARUL ISLAM, J. 1. These appeals arise out of assessments of the assessee to incometax for the assessment years 1967-68 to 1971-72. There is a common question of law arising in these appeals and hence they have been consolidated together and are being disposed of by a single judgment. The question arising in these ap... | 1[ds]Now, there can be no doubt that a question of law did arise out of the order of the Tribunal, namely, whether the annual value of the house belonging to the assessee was liable to be determined on the basis of the actual rent received by the assessee or it was liable to be determined with reference to the standard... | 1 | 850 | 520 | ### 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:
BAHARUL ISLAM, J. 1. These appeals arise out of assessments of the assessee to incometax for the assessment... |
Sham Sunder Vs. Union of India & Others | vacancies, 1 vacancy on account of retirement and 5 vacancies representing 25 per cent for contingencies and the field of selection should be restricted to 24X4=96 and not 152 persons. Accordingly the panel already published should be operated only in respect of the first 24 persons and that the names of the remaining ... | 0[ds]7. All the 24 enquiry-cum-reservation clerks retained in the panel were senior to the petitioner. The junior most of them ranked 77 in order of seniority. All of them would have been select and included in the panel, even if 96 persons were originally called for selection. There is no force in the contention that ... | 0 | 1,813 | 302 | ### Instruction:
Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding.
### Input:
vacancies, 1 vacancy on account of retirement and 5 vacancies representing 25 per cent for contingencies and the ... |
RAM CHANDRA PRASAD SINGH Vs. SHARAD YADAV | the present case, the Chairman of Rajya Sabha has passed the order on 04.12.2019 on the claim of the appellant praying for disqualification as noticed above. The foundation of order of the Chairman are the facts and events, which took place after 26.07.2017. The petition having been filed by the appellant on 02.09.2017... | 0[ds]12. The decision taken by the Speaker, thus, has to be on the basis of conduct or actions taken by member, which may amount to voluntarily giving up his membership. The facts and sequence of the events on the basis of which Honble Chairman came to the conclusion that a person has incurred disqualification under pa... | 0 | 4,280 | 1,072 | ### 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 present case, the Chairman of Rajya Sabha has passed the order on 04.12.2019 on the claim of the appellant praying for d... |
State of U.P Vs. U.P. State Law Officers' Association | any court other than the High Court. Their appointments are made through open competition from among those who are eligible for appointment and strictly on the basis of merit as evidenced by the particulars of their practice, opinions of the District Magistrate and the District Judge and also after taking into consider... | 1[ds]Suffice it for the present to bear in mind that the appointment and conditions of engagement of District Government Counsel have been dealt with in the said Manual separately from the appointment of the Chief Standing Counsel, Standing Counsel and Brief Holders in the Highthe contract in some cases prohibited the ... | 1 | 6,651 | 1,174 | ### 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:
any court other than the High Court. Their appointments are made through open competition from among th... |
N.C.V. AISHWARYA Vs. A.S. SARAVANA KARTHIK SHA | 1. Leave granted. 2. This appeal is directed against the Order dated 19.11.2020 in TR.C.M.P. No.473 of 2020 whereby the High Court of Judicature at Madras has rejected the petition filed by the appellant-wife seeking transfer of a petition, F.C.O.P. No.125 of 2020 filed by her respondent-husband before the Family Court... | 1[ds]8. It is not disputed that the appellant is the resident of Chennai and that the appellants husband-respondent herein is the resident of Vellore and he is employed. The appellant who is 21 years old does not have any source of income of her own as she is not employed and is totally dependent on her parents for her... | 1 | 917 | 466 | ### Instruction:
Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document.
### Input:
1. Leave granted. 2. This appeal is directed against the Order dated 19.11.2020 in TR.C.M.P. No.4... |
STATE BANK OF INDIA Vs. V. RAMAKRISHNAN | concluded that Section 14 does not intend to bar actions against assets of guarantors to the debts of the corporate debtor and recommended that an explanation to clarify this may be inserted in Section 14 of the Code. The scope of the moratorium may be restricted to the assets of the corporate debtor only.? 29. The Rep... | 1[ds]19. We are afraid that such arguments have to be turned down on a careful reading of the Sections relied upon. Section 60 of the Code, in(1) thereof, refers to insolvency resolution and liquidation for both corporate debtors and personal guarantors, the Adjudicating Authority for which shall be the National Compan... | 1 | 11,239 | 4,109 | ### 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:
concluded that Section 14 does not intend to bar actions against assets of guarantors to the debts of the c... |
Balwant Rai Saluja & Anr Etc.Etc Vs. Air India Ltd | it by the Central Government upon which adjudication is made by the CGIT. The same cannot be termed either as erroneous or error in law. Accordingly, I answer the point No.3 in favour the concerned workmen. Answer to point No.4: 50. The findings and reasons recorded on the contentious points by both the learned single ... | 1[ds]53. Since I have answered point No. 4 in favour of the concerned workmen and against Air India, the appellants are entitled for the reliefs as prayed for in these appeals. Accordingly, these appeals are allowed and common award dated 5.5.2004 passed in I.D. Nos.97 to 99 of 1996 in favour of the workmen is restored... | 1 | 25,317 | 2,592 | ### 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:
it by the Central Government upon which adjudication is made by the CGIT. The same cannot be termed either... |
Workmen represented by Akhil Bhartiya Koyla Kamgar Union Vs. Employers in relation to the Management of Industry Colliery of M/s. Bharat Coking Coal Ltd. & Ors | may not be physically on the rolls on the appointed day of the take over, it cannot be contended that they were not legally workmen under the new owner. The statutory continuity of service will have to be taken note of and on that basis this Court proceeded to hold that a dismissed workmen also is a `workman under the ... | 1[ds]8. We have already adverted to the decision of this Court in The Workmen v. The Bharat Coking Coal Limited and others (supra) which examines the scope of Section 9 of the Nationalisation Act and the liability contemplated therein. It is necessary to understand the obligation of employer as such contemplated in Sec... | 1 | 2,073 | 480 | ### 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:
may not be physically on the rolls on the appointed day of the take over, it cannot be contended that t... |
M/S Moser Baer Photo Voltaic Ltd Vs. M/S Photon Energy Systems Ltd | Shiva Kirti Singh, J. 1. Leave granted. 2. In course of its business of supplying solar cells and laminates, the appellant-company made supplies to the respondent no.1. Respondent nos.2 to 6 are the Chief Executive Officer; General Manager (Finance); Ex-Chief Executive Officer; Chairman; and the Managing Director respe... | 1[ds]However, on account of subsequent talks between the parties, an amicable settlement has been arrived at and hence there is no requirement now to answer the aforesaid question of law in the present proceedings and hence the same is left open for adjudication in any other appropriate case.5. In the instant proceedin... | 1 | 573 | 108 | ### 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:
Shiva Kirti Singh, J. 1. Leave granted. 2. In course of its business of supplying solar cells and laminates, the appellant... |
Pukhrajmal Sagarmal Lunkad (D) Through his L.Rs. & Others Vs. The Municipal Council, Jalgaon & Others | has held that Section 126 of MRTP Act providing for acquisition could only be resorted to, in relation to the cases covered by exclusionary clause used in Section 88 (a) of the Act, and it further held that Section 127 does not apply to lands reserved for public purpose under Town Planning Scheme, and, as such, there i... | 0[ds]13. Learned counsel for the appellants argued that the Town Planning Scheme was approved by the State Government in January, 1993, based on a revised Development Plan submitted by the Municipal Council in 1988, i.e., after reservation of land in question already stood lapsed as the land owners had served the notic... | 0 | 2,433 | 533 | ### 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:
has held that Section 126 of MRTP Act providing for acquisition could only be resorted to, in relation to the... |
Commissioner of Customs Vs. Essar Steel Ltd | Customs v. Ferodo India (P) Ltd., (2008) 4 SCC 563 , this Court dealt with Rule 9(1)(e) and the Essar Gujarat judgment as follows: “22. In the alternate, it has invoked Rule 9(1)(e). This Rule 9(1)(e) cannot stand alone. It is a corollary to Rule 4. There is no finding in the present case that what was termed as royalt... | 0[ds]9. On an analysis of the technical services agreement dated 13.4.1991, it is clear that the respondent has only associated Met Chem Canada Inc. as a technical consultant. There is no transfer of know-how or patents, trademarks or copyright. What is clear is that technical services to be provided by Met Chem Canada... | 0 | 8,229 | 1,156 | ### 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:
Customs v. Ferodo India (P) Ltd., (2008) 4 SCC 563 , this Court dealt with Rule 9(1)(e) and the Essar Gujarat... |
Jai Hind Finance (India) Limited & Others Vs. Kotak Mahindra Bank Limited | came up for final hearing as to whether the Respondent chose to enforce her security by standing outside the winding up proceedings or, whether the Respondent wished to stand together with the general body of creditors for realisation of her dues. Now in considering the submission, it must be noted at the outset that a... | 0[ds]18. We have perused the record placed before us, considered the submissions advanced, perused the judgments cited supra. The reading of provisions of Sections 434, 439 of the Companies Act is itself clear to indicate that even a secured creditor would be entitled to prefer a company petition for winding up. In the... | 0 | 2,525 | 291 | ### 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:
came up for final hearing as to whether the Respondent chose to enforce her security by standing outside the winding up pr... |
Ramanlal Mohanlal Pandya Vs. State of Bombay | is provided by somebody other than the bribe-giver, it makes a distinction in principle........." *It was also stated in that case that in judging the testimony of a witness many considerations arise and the decision of every case must depend upon the facts and circumstances of each case. Again the learned Judge observ... | 0[ds]8. In our opinion in this case the Courts below have not proceeded on any wrong principle and the Courts below having accepted all the essential facts which constitute an offence the conviction must be held to be proper and correct. It was submitted that the offence was committed as far back as June 1954 and the a... | 0 | 2,255 | 263 | ### Instruction:
Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding.
### Input:
is provided by somebody other than the bribe-giver, it makes a distinction in principle........." *It was als... |
Pepsico India Holdings Pvt.Ltd Vs. Food Inspector | in any event, the percentage of Carbofuran detected in the sample of Pepsico which was sent for examination to the Forensic Laboratory is within the tolerance limits prescribed for Sweetened Carbonated Water with effect from 17th June, 2009. 35. The High Court also misconstrued the provisions of Section 23(1-A)(ee) and... | 1[ds]30. The Public Analyst found the sample of Pepsi to be covered by the definition of, as prescribed under Rule 5 of the 1955 Rules. Item A.01 deals withc beverages and Item A.01.01 defines carbonated water to mean water conforming to the standards prescribed for Packaged Drinking Water under the Prevention of Food ... | 1 | 7,284 | 1,910 | ### 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 any event, the percentage of Carbofuran detected in the sample of Pepsico which was sent for examina... |
YOGESH NAGRAOJI UGALE Vs. STATE OF MAHARASHTRA THROUGH PRINCIPAL SECRETARY | This was followed up by further letters on 30.10.2012 and 31.10.2012. 2.2.Respondent No. 2 – the Education Officer vide letter dated 06.05.2013 called upon the Appellant for a hearing on 17.05.2013 to consider the application for appointment on Compassionate Grounds. Respondent Nos. 3 and 4 remained absent from the hea... | 1[ds]6.1.In the present case, the Appellant admittedly possesses the educational qualifications for the post of Peon. The Appellant has an S.S.C. Degree along with MS.reveals that the Government was continuing to make appointments on compassionate grounds despite the ban of 2005, and in fact had increased the number of... | 1 | 1,261 | 162 | ### 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:
This was followed up by further letters on 30.10.2012 and 31.10.2012. 2.2.Respondent No. 2 – the Education Officer... |
Deposit Insurance & Credit Guarnt.Corpn Vs. Ragupathi Ragavan | or the amount deposited, whichever was less, from the Official Liquidator and the said amount must had been paid to them when the petitions were filed. 22. According to the provisions of the Act, after payment to the above extent is made to each depositor, if any amount is available at the disposal of the Official Liqu... | 1[ds]5. In the instant case, we are concerned with Theni Cooperative Urban Bank Ltd., doing its banking business mainly in District Theni of Tamil Nadu. The aforestated Bank, which had been registered as an insured bank with the Corporation on 1st July, 1980, was in financial difficulties and therefore, the Reserve Ban... | 1 | 3,475 | 1,031 | ### 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:
or the amount deposited, whichever was less, from the Official Liquidator and the said amount must had been p... |
VIJAY PULLARWR Vs. HANUMAN DEOSTAN | in Circle No.3) is the property of the plaintiff trust. No documentary evidence has been produced by the plaintiffs/respondents to establish the fact that the suit house bearing House No.878 in Circle No.3 originally owned by Haridas Baba was recorded as the property of the plaintiff trust in the official records. The ... | 0[ds]Indubitably, the present suit is a suit for recovery of possession of the subject property on the basis of title claimed therein by the plaintiffs/respondents and being a property of the trust. However, the procedure envisaged under Sections 50 and 51, obviously, has not been complied with. For, such permission ha... | 0 | 9,288 | 2,326 | ### Instruction:
First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document.
### Input:
in Circle No.3) is the property of the plaintiff trust. No documentary evidence has been produced by the plaintiffs/respond... |
Biswambar Roy Vs. Girindra Kumar Paul | that third persons should be protected by s. 5 from eviction from those structures. An appeal under the Letters Patent from that judgment was heard by C. P. Sinha, C.J., and Mehrotra, J. The learned Judges differed. Sinha, C.J., was of the view that permanent structures constructed by Biswambar Roy conformed to the des... | 1[ds]Protection under the first part of s. 5(1)(a) may be claimed by a tenant if three conditions co-exit : (i) under the terms of the contract of tenancy the tenant is entitled to build on the land of the tenancy; (ii) that pursuant to such liberty, he had actually built within the period of five years from the date o... | 1 | 1,574 | 609 | ### 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:
that third persons should be protected by s. 5 from eviction from those structures. An appeal under t... |
M/s. Gujarat Bottling Company Limited & Others Vs. Coca Cola Company & Others | so far as loss that may be caused to GBC as a result of grant of interim injunction, we are of the view that the loss that may be sustained by GBC can be assessed and GBC can be compensated by award of damages which can be recovered from Coca Cola in view of the undertaking that Coca Cola is required to give under rule... | 1[ds]17. A perusal of the provisions contained in the 1994 Agreement, more particularly paragraphs 2 and 8, indicates that the said agreement has been executed with a view to comply with the requirements of the Act and the Rules for registration of GBC as the registered user of the trade marks specified in the schedule... | 1 | 16,339 | 3,447 | ### 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:
so far as loss that may be caused to GBC as a result of grant of interim injunction, we are of the view that... |
Tejinder Singh Sandhu Vs. State Of Punjab And Ors | August 18, 1965, which was 14 days after the appellant had taken charge of his post. Respondent 2 was promoted as a Deputy Director in 1966 but , that was for the reason that lie was working on deputation with the Ludhiana Agricultural University and until the Government permitted its officers working on deputation wit... | 0[ds]The appellant being junior to them would not have been appointed as a Deputy Director even on anadhocbasis.Learned counsel for the appellant placed heavy reliance on the State Governments instructions regarding fixation of seniority contained in Government Memo No.. 1(1)65/1583 dated April 11, 1966, in support of ... | 0 | 1,964 | 391 | ### 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:
August 18, 1965, which was 14 days after the appellant had taken charge of his post. Respondent 2 was promoted as a Deputy... |
Yunus (Baboobhai) A Hamid Padvekar Vs. State of Maharashtra, Through its Secretary & Others | Legislative Assembly for consideration of the proposal for handing back the acquired land to the original owners. Certain recommendations were made by the said Committee. On 20.8.1992 the land acquired for Balco was allotted to another industrial group. Subsequently, the State Government asked the industrial group not ... | 0[ds]10. It would be appropriate to note certain decisions of this Court in which this aspect has been dealt with in relation with Article 32 of the Constitution. It is apparent that what has been stated as regards that Article would apply, a fortiori, to Article 226. It was observed in R.N Bose v. Union of India (AIR ... | 0 | 1,447 | 338 | ### 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:
Legislative Assembly for consideration of the proposal for handing back the acquired land to the original o... |
Winston Tan Vs. Union Of India | be treated to be null and void. The purchasers transaction is after the order of forfeiture of the said property. Still the consequence of the said transaction being null and void could not be avoided by the purchaser on the plea that this transaction was subsequent to the original order of forfeiture. The original ord... | 0[ds]28. It is true that the appellants had obtained encumbrances certificates from the Sub-Registrar prior to purchase which show that there were no encumbrances to the subject flat. It is also true that the appellants had obtained loan from Vijaya Bank, Brigade Road Branch, Bangalore for purchase of the said flat. It... | 0 | 6,155 | 343 | ### 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:
be treated to be null and void. The purchasers transaction is after the order of forfeiture of the said property. Still th... |
Hari Nandan Sharan Bhatnagar Vs. S. N. Dixit & Anr | as follows. The appellant was appointed as an Upper Division Assistant (formerly known as superior service assistant) in the Legislative Assembly Secretariat Uttar Pradesh in 1954 on the result of a competitive examination held by the Public Service Commission of the State. He was confirmed in the post of Upper Divisio... | 0[ds]We do not think that anyone would place such an absurd construction on the rule.appointing authority had to consider not only the eligibility based on the grade (assuming that the rule unreasonably places a chauffeur, a book-binder, an accountant and a special duty clerk in the same grade) but also the qualificati... | 0 | 1,144 | 170 | ### 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:
as follows. The appellant was appointed as an Upper Division Assistant (formerly known as superior service assistant) in th... |
National Lawyers' Campaign for Judicial Transparency & Reforms & Others Vs. Hon'ble Shri Justice J.S. Khehar & Others | India in the form of the figure of a lady, sheltering the young Republic of India represented by the symbol of a child, who is upholding the laws of land symbolically shown in the form of an open book. On the book, a balance is shown, which represents dispensation of equal justice to all.5. Even in the High Courts, one... | 0[ds]12. However, the eligibility of Honble Mr. Justice J.S. Khehar is being questioned only on the ground that the judgment in National Judicial Appointment Commission case was delivered by His Lordship wherein he has held that the Constitutional) Act, 2014 and the National Judicial Appointment Commission Act, 2014 ar... | 0 | 1,395 | 315 | ### 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:
India in the form of the figure of a lady, sheltering the young Republic of India represented by the symbol ... |
State Of U.P Vs. Chhoteylal | She had no free act of the mind during her stay with A-1 as she was under constant fear. 24. We have also examined the evidence of prosecutrix, her brother and the statement of A-1 under Section 313 Cr.P.C. to satisfy ourselves whether there was likelihood of false implication or motive for false accusations. Except th... | 1[ds]The expressions `against her will and `without her consent may overlap sometimes but surely the two expressions in clause First and clause Secondly have different connotation and dimension. The expression `against her will would ordinarily mean that the intercourse was done by a man with a woman despite her resist... | 1 | 7,247 | 233 | ### 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:
She had no free act of the mind during her stay with A-1 as she was under constant fear. 24. We have al... |
Bimal Kishore Paliwal & Others Vs. Commissioner of Wealth | At one point, it has also been agitated by the appellant that the land over which the Cinema building is situated could not be used for any purpose other than as Cinema Building, hence it was not proper for the Valuation Officer to consider it as an open piece of land and value it likewise. This objection if of no avai... | 0[ds]13. Present is a case where Assessing Officer has made a reference for Alpana Cinema on 29.04.1976. It has also come on the record that the order of reference to the Valuation Officer was challenged by the assessee by filing a writ petition in Delhi High Court. The Appellate Authority in its order had noted about ... | 0 | 5,637 | 922 | ### 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:
At one point, it has also been agitated by the appellant that the land over which the Cinema building is situated could not ... |
Executive Officer, Arulmigu Chokkanathaswamy Koil Trust Virudhunagar Vs. Chandran | of Janaki Ammal. Now the said Janaki Ammal sold that property to third person. I have not initiated any action to include Janaki Ammal as a party to this suit.”29. In view of the statement of the plaintiff himself that Survey No. 188/2 is in the name of Janaki Ammal, the observations of the High Court that no documenta... | 1[ds]23. Learned counsel for the respondent has laid much emphasis on the Deed dated 29.7.1974 executed by Sundara Rajan in favour of Padmanabhan which has been brought on the record of paper book at page No.104. Learned counsel submits that said sale deed clearly proves the title of Padmanabhan over 2.79 acres of Surv... | 1 | 4,600 | 1,494 | ### Instruction:
Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages.
### Input:
of Janaki Ammal. Now the said Janaki Ammal sold that property to third person. I have not initiated any ac... |
B.V. Nagaraju Vs. Oriental Insurance Co | except towing of any one disabled mechanically propelled vehicle. (3) Use for carrying passengers in the vehicle except employees (other than driver) not exceeding six in numbers coming under the purview of W. C. Act, 1923." 6. Learned counsel for the appellant, in support of this appeal, strongly relied on Skandias ca... | 1[ds]7. It is plain from the terms of the Insurance Policy that the insured vehicle was entitled to carry 6 workmen, excluding the driver. If those 6 workmen when travelling in the vehicle, are assumed not to have increased any risk from the point of view of the Insurance Company on occurring of an accident, how could ... | 1 | 1,805 | 369 | ### 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:
except towing of any one disabled mechanically propelled vehicle. (3) Use for carrying passengers in the vehi... |
D.N. Dutta Vs. Income Tax Investigation Commission | the Commission contained in their report of November 16, 1949. We have verified from the records of this Court that the only order made by this Court was refusing to grant special leave and there is no such observation as the appellant has mentioned in his appeal, affidavit and statement of case. The appellant then obt... | 0[ds]5. It is unnecessary to decide whether in view of the High Courts refusal to direct a case to be stated on the questions of law raised or in view of the refusal by this Court to grant special leave against the order of the High Court the appeal is competent because in our opinion there is no substance in theour op... | 0 | 2,442 | 581 | ### Instruction:
Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences.
### Input:
the Commission contained in their report of November 16, 1949. We have verified from the records of this Court that the on... |
The Shahabad Coop Sugar Mills Ltd Vs. Spl.Secretary To Govt.Of Haryana Cor&Ors | 12 SCC 764] and Shri Sant Sadguru Janardan Swami (Moingiri Maharaj) Sahakari Dugdha Utpadak Sanstha & Anr. vs. State of Maharashtra & Ors. [(2001) 8 SCC 509] , also is not applicable. 31. In those decisions it has been held that if the decisions which were operating for a long time should not be disturbed, unless shown... | 1[ds]16. Interpretation of Section 69 of the Punjab Act came up for consideration in some cases before the Punjab and Haryana High Court. The earliest one being a decision rendered by a Division Bench of the said Court on 24.12.1970 in Hardial Singh, Manager, the Shahabad Farmersg Society Ltd. vs. State of Haryana thro... | 1 | 5,878 | 1,574 | ### 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:
12 SCC 764] and Shri Sant Sadguru Janardan Swami (Moingiri Maharaj) Sahakari Dugdha Utpadak Sanstha & Anr. vs. St... |
Raj Kumar Vs. Union Of India & Ors | (1) (a) The services of temporary Government servant who is not in quasi-permanent service shall be liable to termination at any time by a notice in writing given either by the Government servant to the appointing authority or by the appointing authority to the Government servant; (b) The period of such notice shall be... | 0[ds]The effect of this amendment is that on 1st May 1965 as also on 15-6-1971, the date on which the appellants services were terminated forthwith it was not obligatory to pay to him a sum equivalent to the amount of his pay and allowances for the period of the notice at the rate at which he was drawing them immediate... | 0 | 1,341 | 864 | ### 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) (a) The services of temporary Government servant who is not in quasi-permanent service shall be liable to term... |
State of Maharashtra and Others Vs. Shri V. S. Naik | on which he is required to retire while note (1) indicates in what circumstances the said power could be exercised by the State Government and its says that the said power should be restricted to retirement of the employeeon public grounds, such as, impairment of efficiency of a government servant against whom it is no... | 1[ds]4. It is an admitted position that the impugnedr dated October 3, 1975 compulsorily retiring the respondent with effect from January 10, 1976 was issued under the aforesaid Rule 8 read with note (1). It is further admitted that the impugnedr was served on the respondent giving him full three months before the date... | 1 | 2,334 | 642 | ### 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:
on which he is required to retire while note (1) indicates in what circumstances the said power could b... |
Commissioner of Income Tax. Bombay Vs. Indian Engineering and Commercial Corporation Pvt | by the assessee of any sum in respect of any obligation which, but for such payment, would have been payable by the employee, and(v) payment by the assessee of any sum whether directly or through a fund. other than a recognised pro vident fund or an approved superannuation fund. to effect an assurance on the life of th... | 0[ds]Incidentally Section 40 (A) (5) which was inserted repealing sect ion 10 (a) (v) his itself been deleted with effect from April 1, 1989 by the Direct Tax Laws (Amendment) Act, 1987. The sister provision contained in sub-clauses (i) and (ii) of clause (c)section 40. applicable to directors of a company (and other p... | 0 | 2,476 | 1,034 | ### Instruction:
Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding.
### Input:
by the assessee of any sum in respect of any obligation which, but for such payment, would have been payable by t... |
K.A. Ramachar & Another Vs. Commissioner of Income Tax, Madras | the profits of the previous year ending April 13, 1948, were disposed of. The assessee claimed that these amounts could not be included in his total income for purposes of assessment, being excluded by reason of the third proviso to S. 16(1)(c) of the Income-tax Act. He also contended that the amount payable to his wif... | 0[ds]These three cases, in our opinion, afford a complete answer to the contentions of the appellants7. An examination of the deeds of settlement shows that the disponer had stated that from the profits "payable to him" certain amounts in specified shares were to be paid to his wife and two daughters. No doubt, the ass... | 0 | 1,761 | 436 | ### 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 profits of the previous year ending April 13, 1948, were disposed of. The assessee claimed that these amounts could not ... |
HARI SANKARAN Vs. UNION OF INDIA | the Act, the Tribunal is required to issue notice to the Central Government, Income Tax Authorities, SEBI or any other statutory regulatory body or authorities concerned or any “other person concerned” and is required to take into consideration the representation, if any made. The “other person concerned” is as such no... | 0[ds]9. On going through the order passed by the learned Tribunal passed under Section 130 of the Act, it appears that the learned Tribunal is conscious of the relevant provisions of the Act, more particularly Section 130 of the Companies Act and more particularly the conditions precedent to be complied with/satisfied ... | 0 | 8,627 | 2,302 | ### Instruction:
Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction.
### Input:
the Act, the Tribunal is required to issue notice to the Central Government, Income Tax Authorities, SE... |
Shri Mahinder Kumar Gupta Etc Vs. Union Of India, Ministry Of Petroleum And Natural Gas | of the matters. The procedure for selection has been prescribed in Part VI of the guidelines. Criterion No. 2 relates to screening of the applicants for interview. Then, Rule 3 relates to norms for evaluation of competing claims of the candidates and Rule 5 regulates selection of dealers/distributors. In this case, we ... | 0[ds]In this case, we are concerned with dealership of petroleum products applicable for all categories in which clause (b) prescribes ineligibility of persons if one of the persons mentioned therein has already a dealership. It is seen that one of the conditions subject to which a candidate is entitled to apply for gr... | 0 | 1,519 | 352 | ### 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 matters. The procedure for selection has been prescribed in Part VI of the guidelines. Criterion No. 2 relates to scr... |
Essar Steel India Ltd. Vs. State Of Gujarat | Schedule VI to declare weekly schedule of the capacity available and the dispatch instructions were to be issued on the basis of the said declaration. It could not thus be said that EPL had no obligation to declare the capacity and the obligation of GUVNL to issue dispatch instructions was not dependent on declaration ... | 0[ds]12. From the facts which have come on the record it is clear that appellant no.1 had claimed exemption from duty under the provisions of Section 3(2)(vii) as well as under the notification issued under Section 3(3) of 1958 Act for different period which exemption was earlier granted. Details of benefit of exemptio... | 0 | 7,625 | 800 | ### 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:
Schedule VI to declare weekly schedule of the capacity available and the dispatch instructions were to be i... |
M/s. Dabur India Limited and Another Vs. State of Uttar Pradesh and Others | said Act show that multipoint tax on medicinal preparations containing alcohol was within the contemplation of the legislature otherwise there was no purpose in incorporating Section 4 into the Act. In this connection Section 4 of the 1955 Act may be referred to which is as follows: "4. Rebate of duty on alcohol, etc. ... | 1[ds]26. In this case, however, the case of the petitioner is that duty has been recovered under the 1944 Act; if any refund has to be made, it must be made in accordance with law. There is a question of limitation for claiming refund of this duty. The provisions are not clear. In such a situation, it appears to us tha... | 1 | 9,694 | 873 | ### 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:
said Act show that multipoint tax on medicinal preparations containing alcohol was within the contemplation of the legisla... |
Panyam Cements & Mineral Industries Ltd Vs. Union Of India | of the limestone. Any further expenditure in transporting the limestone from the ‘pit head’ so defined, to the appellants’ factory was not so includible. In other words, the case made out by the respondents by the amendment to the written statement was rejected. An amount of Rs. 2,50,571.61p. was held to be due to the ... | 0[ds]12. Strictly speaking, therefore, since the substratum of theclaim in the suit was the Highdecision in WP 3276 of 1970, and since that decision is clearly not good law in view of the decision in Saurashtra Chemicals, the suit is liable to be dismissed. However, since the respondents had not impugned either the dec... | 0 | 3,233 | 260 | ### Instruction:
Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction.
### Input:
of the limestone. Any further expenditure in transporting the limestone from the ‘pit head’ so defined,... |
State Of Assam Vs. Bhubhan Chandra Datta & Anr | service of officers and servants of a High Court shall be such as may be prescribed by rules made by the Chief Justice of the Court or by some other Judge or officer of the Court authorised by the Chief Justice to make rules for the purpose. It is also provided that the rules made under Article 229 (2) shall, so far as... | 1[ds]8. There is no dispute that under Article 229 of the Constitution the appointment of the Registrar is to be made by the Chief Justice of the High Court. It may be stated here that under Rule 7 of the Assam and Nagaland High Court Services (Appointment, Conditions of Service and Conduct) Rules. 1967, a person who h... | 1 | 2,699 | 930 | ### 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:
service of officers and servants of a High Court shall be such as may be prescribed by rules made by the Chief Justice of th... |
Singareni Collieries Co. Ltd Vs. State Of Andhra Pradesh And Others | is immaterial that property in the goods has under the general law relating to sale of goods passed in another State in which the allottee resided or carried on business. Delivery of coal to the Railway Administration may amount to delivery to the allottee for the purpose of the general law relating to sale of goods, b... | 1[ds]9. Broadly speaking the scheme of the Colliery Control Order was that no person could acquire or purchase or agree to acquire or purchase any coal from a colliery and no colliery owner could sell or agree to sell or despatch coal from the colliery, except under the authority and in accordance with the conditions p... | 1 | 6,000 | 1,199 | ### 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:
is immaterial that property in the goods has under the general law relating to sale of goods passed in another St... |
Rajeshwar Kumar Malhotra Vs. Lloyd Electric Engg Ltd | K. Ramaswamy, J. 1. Leave granted. 2. We have heard learned counsel on both sides. 3. Intervention is permitted. 4. These appeals by special leave arise from the order of the High Court of Rajasthan, made on October, 24, 1996 in Revision Petition No. 715/96. One matter relates to the two individuals, i.e., appellants i... | 1[ds]We do not find any justification for the contention as on today. If the two persons really still work for the company in any form and in any manner, it is open to the respondents to approach the trial Court for appropriate relief. As facts stand today, injunction granted by the High Court against the company is no... | 1 | 443 | 68 | ### 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:
K. Ramaswamy, J. 1. Leave granted. 2. We have heard learned counsel on both sides. 3. Intervention is permitted. ... |
Collector of Monghyr & Others Vs. Keshav Prasad Goenka & Others | suggested that the respondents were persons who had sustained a loss by reason of a thing done by the Collector and that the statute provided a remedy therefore by permitting a claim for compensation under the provisions of S. 53. We consider that this submission arises wholly on a misreading of S. 5B.The "loss for whi... | 0[ds]12. We feel unable to accept the submission of learned Counsel that in the context in which the words for the reasons to be recorded by him" occur in S. 5A and considering the scheme of Ch. II of the Act, the requirement of these words could be held to be otherwise than mandatory. It is needless to add that the em... | 0 | 6,813 | 1,627 | ### 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:
suggested that the respondents were persons who had sustained a loss by reason of a thing done by the C... |
Sukh Sagar Medical College and Hospital Vs. State of Madhya Pradesh and Ors | medical college is established in terms of the Essentiality Certificate within a reasonable time. 21. While dealing with the case of maintaining standards in a professional college, a strict approach must be adopted because these colleges engage in imparting training and education to prospective medical professionals a... | 0[ds]12. At the outset, we deem it apposite to closely analyse the two-Judge Bench decision of this Court in Chintpurni Medical College (supra). For, much emphasis has been placed on the said decision as involving similar fact situation. Even in that case, the medical college had started in the year 2011 in the State o... | 0 | 8,122 | 4,218 | ### 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:
medical college is established in terms of the Essentiality Certificate within a reasonable time. 21. W... |
S.S. & Company & Another Vs. Orissa Mining Corporation Limited & Another | transport of iron ores from its mines on contract to an outside agency. It would be truism to say that the Corporation knows best the exact nature of its work and it is the best judge to say what is and what is not comparable to it. The expression “excluding minor minerals” used in the eligibility must, therefore, be v... | 0[ds]20. In our view, the submission is quiteThe materials on record plainly indicate that the appellant was trying to find ways to get out of the contract for the third year period because the rates under the tender schedule were no longer profitable to it. We were shown theletter, dated June 29, 2007 by which it was ... | 0 | 8,106 | 1,932 | ### 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:
transport of iron ores from its mines on contract to an outside agency. It would be truism to say that the... |
TAMILNADU RURAL DEVELOPMENT ENGINEERS AND ASSISTANT ENGINEERS ASSOCIATION Vs. GOVERNMENT OF TAMILNADU AND OTHERS | with other entry level services like Assistant Surgeons; and that as a result of upward revision for Assistant Engineers the gap between the level of the Assistant Engineers and the subordinate ranks got widened to a considerable level while the Assistant Engineers and the promotional level for Assistant Engineer were ... | 1[ds]13. The Tabulated Chart which is part of GO No.242 indicates very clearly that the Assistant Engineers who were in the pre-revised pay scale of Rs.6500-11100 (column No.3), by virtue of acceptance of the recommendations made by the 6 th Central Pay Commission were kept in the pay scale of Rs.9300-34800 with grade ... | 1 | 4,252 | 587 | ### 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:
with other entry level services like Assistant Surgeons; and that as a result of upward revision for Assis... |
KAMALA Vs. M.R.MOHAN KUMAR | Council laid down the general proposition that where a man and woman are proved to have lived together as man and wife, the law will presume, unless, the contrary is clearly proved, that they were living together in consequence of a valid marriage, and not in a state of concubinage. 13. In Mohabbat Ali Khan v. Mohd. Ib... | 1[ds]14. Based on the evidence ofand the number of documents in particular, the birth certificates of the childrenand the photos (Exts.P1 to P3), the family court rightly held that appellant No.1 has proved valid marriage between her and the respondent. From the evidence of3, it is established that appellant No.1 and t... | 1 | 3,313 | 524 | ### 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:
Council laid down the general proposition that where a man and woman are proved to have lived together as man and wife, t... |
P.D. Agrawal Vs. State Bank Of India | are almost identical. Primarily, charges of similar nature in respect of commission of misconduct on nine different occasions were the subject matter of the disciplinary proceeding. The charge No.2 constituted an independent charge, as commission of one misconduct had nothing to do with the commission of similar nature... | 0[ds]15.The pattern of charges against the Appellant, categorically point out to the fact that the Appellant had been misbehaving with the Regional Managers and other officers, as well as the customers not only while he was posted in different branches.Charge No.2 refers to an incident, which took place on 26.9.1986. T... | 0 | 8,926 | 1,537 | ### 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:
are almost identical. Primarily, charges of similar nature in respect of commission of misconduct on ni... |
Thungabhadra Industries Ltd Vs. The Government Of Andhra Pradesh | that a certificate had been granted on a previous occasion. We have extracted the text of this order of January 1961 in which this argument is noticed and it is stated that it was the only point urged before the Court. The question then arises as to what is meant by "in similar circumstances in regard to a previous yea... | 1[ds]8. Order XLVII R. 1(1) of the Civil Procedure Code permits an application for review being filed "from a decree or order from which an appeal is allowed but from which no appeal has been preferred." In the present case, it would be seen, on the date when the application for review was filed the appellant had not f... | 1 | 5,542 | 619 | ### Instruction:
Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text.
### Input:
that a certificate had been granted on a previous occasion. We have extracted the text of this order of January 1961 in w... |
Workmen Thr. Hindustan Lever Mazdoor S Vs. Hindustan Levers Ltd | that, therefore, the appropriate course was to permit the parties to lead evidence and decide the dispute on merits. It was of the view that it was not possible to express any opinion as to whether the dispute survived or not, at that premature stage.5. The respondent challenged the said order dated 8.8.2003 before the... | 1[ds]9. A careful examination of the Award of the Kanpur Industrial Tribunal shows the contention of respondent is without merit. The final award dated 30.10.1998 relied on by the respondent company makes it clear that the Tribunal was of the view that the registered settlements dated 31.12.1974 and 5.12.1977 were vali... | 1 | 1,525 | 375 | ### 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:
that, therefore, the appropriate course was to permit the parties to lead evidence and decide the dispute ... |
M/S ARUN KUMAR KAMAL KUMAR & ORS. Vs. M/S SELECTED MARBLE HOME & ORS. | the business was not running and no commission payments were made. Thus, it was argued that the findings of fact recorded by the courts below do not call for interference in this appeal. 11. We have carefully considered the submissions of the learned counsel made at the Bar and perused the materials placed on record. 1... | 0[ds]12. As per Clause 10 of both the Agreements, in case of any dispute, it was incumbent on the appellants to handover vacant possession of the premises to the respondents. On this issue, it is clear that disputes had arisen between the parties. However, it is an admitted position that possession of the premises was ... | 0 | 2,499 | 816 | ### 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 business was not running and no commission payments were made. Thus, it was argued that the findings of fact recorded by... |
UNION OF INDIA & ANR Vs. U.A.E.EXCHANGE CENTRE | and that the US companies through such personnel are furnishing services in India. This being the case, it is clear that as the very first part of Article 5(2)(l) is not attracted, the question of going to any other part of the said article does not arise. It is perhaps for this reason that the assessing officer did no... | 0[ds]Having regard to the nature of activities carried on by the respondent-assessee, as held by the Authority, it would appear that the respondent was engaged in business and had business connections, for which, by virtue of deeming provision and the sweep of Sections 2(24), 4 and 5 read with Section 9 of the 1961 Act... | 0 | 12,636 | 1,896 | ### 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:
and that the US companies through such personnel are furnishing services in India. This being the... |
Srinivas Rama Shetty Vs. Amalgamated Electricity Company Limited | fuse had not been provided and in the concluding portion of his report Krishnamurthi sought a specific order to the Company for providing of pole fuses as required under Rule 31 (2) of the Indian Electricity Rules, 1956. Rule 31 needs to be set out in its entirety to emphasis the importance thereof. It is titled as "cu... | 1[ds]We have referred to the reasons given by the plaintiff for the joinder of the Board as a party to the suit. The joinder was said to be occasioned because of defendant No. 1 having been taken over by defendant No. 2 and to give a final settlement to theof the suit. There is no pleading that the take over had render... | 1 | 3,616 | 2,406 | ### 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:
fuse had not been provided and in the concluding portion of his report Krishnamurthi sought a specifi... |
S. S. Light Railway Co., Ltd Vs. Upper Doab Sugar Mills Ltd. & Another | of this generality of language should be cut down for any reason.It is well-settled that a limited interpretation has to be made on words used by the legislature in spite of the generality of the language used where the literal interpretation in the general sense would be so unreasonable or absurd that the legislature ... | 0[ds]7. In our opinion, the Tribunal (by which we mean the majority of the Tribunal) was wrong in thinking that this was not a case of standardized terminal charges. The first argument which seems to have found favour with the majority and which was repeated here on behalf of the respondent was that while the Governmen... | 0 | 6,061 | 1,993 | ### Instruction:
Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case.
### Input:
of this generality of language should be cut down for any reason.It is well-settled that a limited interpret... |
Union Of India And Others Vs. Maharaja Krishnagarh Mills Ltd.(In Liquidation) | ground that "federal sources of revenue" include the duty of excise in question. It is also clear that all outstanding dues from assessees including pending assessment and arrears have been by the terms of the agreement made over to the Centre. This agreement, as the preamble itself indicates, has been made in accordan... | 1[ds]It is, therefore, necessary for us first to determine that controversy. At the outset, it may be mentioned that the writ petition filed by the respondent in the High Court under Art, 226 of the Constitution did not allege any facts bearing on this part of the controversy. Thus, there was no foundation laid in the ... | 1 | 4,296 | 1,048 | ### 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:
ground that "federal sources of revenue" include the duty of excise in question. It is also clear... |
Harihar Prasad Singh And Another Vs. Must. Of Munshi Nath Prasadand Others | both those sections.15. In 97 Ind Cas 852 (Pat) (G), the suit was by a mortgagor after redemption to recover possession of lands, which had been leased by the mortgagee. The proprietor claimed that the lands were zirait; but the finding, however, was that they were raiyat lands, and that the mortgagee had inducted tena... | 1[ds]These recitals are of considerable importance, as they occur in deeds inter-parties.The respondents are right in contending that they cannot be regarded as admissions by the mortgagees as the deeds were executed by the mortgagors; but they are certainly admissible under S. 13, Evidence Act, as assertions of title ... | 1 | 6,141 | 1,604 | ### 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:
both those sections.15. In 97 Ind Cas 852 (Pat) (G), the suit was by a mortgagor after redemption to recov... |
State of Maharashtra, Bombay and Ors Vs. Britannia Biscuits Co. Ltd. and Ors | alia is that where the goods are delivered to the buyer on terms similar to the delivery of goods on approval or "on sale or return", the property in the goods therein passes to the buyer, if he does not signify his approval or acceptance and also does not return the goods within the time prescribed therefor. According... | 1[ds]9. The true nature of the transaction has to be decided in this case on the following materialthe endorsements on the price lists as well as the invoices issued by the respondent; the fact that in respect of sales to dealers in the city of Bombay and its suburbs; invoices showed sale of biscuits only and not of ti... | 1 | 5,623 | 2,185 | ### 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:
alia is that where the goods are delivered to the buyer on terms similar to the delivery of goods on ap... |
Kabari Vs. Shivnath Sharoff | High Court. Such suit is also pending in the High Court.20. It is quite apparent, in the facts of the case, that the amendment which was sought for by the plaintiffs was required to be incorporated otherwise no effective relief could be given to the plaintiffs in the said suit No. 531 of 1981. For effective relief in t... | 0[ds]19. Having considered the facts and circumstances of the case and the orders dismissing the appeals and also the impugned judgment allowing the review applications by the High Court and having given out anxious consideration to the respective contentions of the learned Senior Counsel forcefully placed before us, i... | 0 | 7,572 | 1,518 | ### 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:
High Court. Such suit is also pending in the High Court.20. It is quite apparent, in the facts of the case,... |
Shiv Chand Vs. Ujagar Singh and Another | dismissed under S. 86(1) of the Act. That provision states that the High Court shall dismiss an election petition which does not comply with the provisions of S. 82. The test is whether the election petition complies with S. 82, not whether the election-petitioner has failed to comply with S. 82. The substance of the m... | 1[ds]It is fairly clear that Shri Mal Singh was a necessary party since a corrupt practice was imputed to him3. Shri Mal Singh did apply within the stipulated period, and a plain reading of the provision justd entitles him to be joined as a respondent. Any candidate shall be entitled to be joined as a respondent, on th... | 1 | 2,170 | 1,469 | ### 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:
dismissed under S. 86(1) of the Act. That provision states that the High Court shall dismiss an election pet... |
C.Magesh Vs. State Of Karnataka | the bus” and “pelting of stones”. A33-Jagadish has been correctly identified by all the PWs, in deposition before Court. Further majority of the witnesses have assigned him the role of “pouring of kerosene” and PW-15 also mentions that “he set the bus on fire”. In addition to this A-33 has been assigned the role of “pe... | 1[ds]34. We would first like to take up Criminal Appeal No.1028 of 2008 preferred by four of those accused who have been found guilty for commission of offences under Section 302 and other allied sections by the High Court solely on the strength of two dying declarations of Sinija and Nagarathna marked as Exh. P29 and ... | 1 | 5,716 | 1,881 | ### Instruction:
Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding.
### Input:
the bus” and “pelting of stones”. A33-Jagadish has been correctly identified by all the PWs, in deposition before ... |
T. N. K. Govindarajulu Chetty Vs. Commissioner Of Income-Tax, Madras | It is therefore necessary to determine whether the obligation to pay interest awarded under the order of the High Court of Madras arose out of the statute or out of the award. In Satinder Singh v. Umrao Singh, (1961) 3 SCR 676 = (AIR 1961 SC 908 ) lands forming part of Cis-Sutlej Jagir were compulsorily acquired under ... | 0[ds]According to the view taken by this Court in Dr. Shamlal Narulas case, 1964-53 ITR 151 = (AIR 1964 SC 1878 ) if the source of the obligation imposed by the statute to pay interest arises because the claimant is kept out of his money, the interest received is chargeable to tax as income. The same principle would a... | 0 | 3,495 | 1,191 | ### 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:
It is therefore necessary to determine whether the obligation to pay interest awarded under the order of the High Court o... |
Nasiruddin & Others Vs. State of Uttar Pradesh through Secretary | regarded as an instrument by which tolls of any description are let. In other words, by awarding such contract to the appellants, the Corporation had let their right to the appellants to collect the fees from a class of persons and for carrying on particular activity in the city.17. The expression "Lease" under the Sta... | 0[ds]11. Having heard the learned counsel for the parties and on perusal of the record of the case, we find no merit in these appeals. In our opinion, the conclusion arrived at by the High Court in the case of Mohammad Ali v. Board of Revenue, U.P. (supra) is just and proper calling for no interference for the reasons ... | 0 | 2,834 | 739 | ### 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:
regarded as an instrument by which tolls of any description are let. In other words, by awarding such contract to the appel... |
Smt. Shaharyar Bano and Another Vs. Sanwal Das | the trial Court refused to give a decree for specific performance on the ground that the agreement was vague. The High Court took the view that the agreement included the portion occupied by the defendants as well as the portion let out to the tenants, in other words that the defendants had agreed to sell all what they... | 1[ds]Points 1 and 2do not really call for much comments nor are they susceptible to much argumentin their support. The contract, Ex.1 is quite clear and definite. The fact that the vendee was asked to consult his pleader and get pacci receipt executed did not make the contract dependent upon the vendee consulting his p... | 1 | 2,117 | 700 | ### Instruction:
Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding.
### Input:
the trial Court refused to give a decree for specific performance on the ground that the agreement was vague.... |
Golla Rajanna Etc. Etc Vs. The Divisional Manager And Anr Etc Etc | petitioner No.1 has suffered 35% of the disablement, the second petitioner has suffered 35% of the disablement, the third petitioner has suffered 35% of disablement, the 4th and 5th petitioners have suffered 40% of disablement each and 6th petitioner has suffered 35% of the disablement with subsequent loss of earnings ... | 1[ds]10. The Workmens Compensation Commissioner, having regard to the evidence, had returned a finding on the nature of injury and the percentage of disability. It is purely a question of fact. There is no case for the insurance company that the finding is based on no evidence at all or that it is perverse. Under Secti... | 1 | 1,289 | 256 | ### 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:
petitioner No.1 has suffered 35% of the disablement, the second petitioner has suffered 35% of the disa... |
M/S. Empire Industries Limited Vs. State of Maharashtra, Industries, Energy and Labour Department & Others | in conditions of service in respect of any matter specified in Fourth Schedule. In other words, if the change proposed does not cover any matter in Fourth schedule, section 9A is not attracted and in that case no notice would be necessary. Therefore, for the employer, who desires to reduce or remove surplus workmen, se... | 0[ds]It is on the basis of this judgment it was submitted that the management had raised two demands/dispute, viz. ceiling on D.A. and reduction of surplus labour/manpower. Out of which the dispute in respect of ceiling on D.A. only was referred to and, therefore, respondent no.1 had no jurisdiction to pass prohibitory... | 0 | 4,791 | 1,509 | ### Instruction:
Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding.
### Input:
in conditions of service in respect of any matter specified in Fourth Schedule. In other words, if the change prop... |
Dr. Ramji Dwivedi Vs. State of Uttar Pradesh and Others | appointment. The order became effective the moment it is issued. The effect of this order is that the Selection Committee had no right to select the appellant nor the Committee of Management had any power to make the appointment.Mr. Sanghi further contended that this order was never received by the institution and ther... | 0[ds]The present case is not one which can be dealt with or was required to be de alt with by sub-sec. (10). The situation is that the power of appointment conferred by regulation on Committee of Management of all- non-government aided institutions was withdrawn or suspended. The Committee of Management had no pow er t... | 0 | 3,769 | 445 | ### 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:
appointment. The order became effective the moment it is issued. The effect of this order is that the S... |
P. Punnaiah and Ors Vs. Jeypore Sugar Co. Ltd. and Ors | by the member personally. 12. Mr. Vinoo Bhagat, learned Counsel for the appellant invited our attention to a decision of the Division Bench of the Bombay High Court in Killick Nixon Limited and Ors. v. Bank of India and Ors, (1985) 57 Com Cases 831. In this case it is held that the General Power of Attorney-holder empo... | 1[ds]7. A reading of the several clause of the G.P.A. discloses ex-fade that the powers given thereunder are wide enough to take in the power to grant the consent under Section 399(3). Under the said deed, Smt. Rajeshwari empowered her father to manage and otherwise administer her movable and immovable properties inclu... | 1 | 3,495 | 1,219 | ### 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:
by the member personally. 12. Mr. Vinoo Bhagat, learned Counsel for the appellant invited our attention to a ... |
Deb Sadhan Roy Vs. State Of West Bengal | on the same day which was approved by the State Government on January 27, 1971, so that the mandatory provisions of the Act both in respect of the report to be made to the State Government within five days from the date of the order and the approval of the detention within twelve days from the date of detention were sa... | 0[ds]7. It may be pertinent to refer to clause (4) of Article 22 of the Constitution under which no law providing for Preventive Detention shall authorise the detention of a person for a longer period than there months unless a Board consisting of persons who have or have been or are qualified to be appointed as Judges... | 0 | 5,382 | 1,721 | ### 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:
on the same day which was approved by the State Government on January 27, 1971, so that the mandatory... |
Mallesappa Bandeppa Desai And Others Vs. Desai Mallappa And Others | she would like to join the litigation. Respondent 2 has stated in his evidence that Neelamma, was not willing to join the said litigation and respondent 1 has supported this version. The High Court thought that the evidence of Neelamma was also consistent with the story set up by respondent 1. That is one of the main r... | 1[ds]It would thus be clear that the relevant text and the commentary are not dealing with a case where the separate property of a coparcener independently acquired by him is thrown into the common stock with the deliberate intention of extinguishing its separate character and impressing upon it the character of the jo... | 1 | 4,807 | 2,301 | ### 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:
she would like to join the litigation. Respondent 2 has stated in his evidence that Neelamma, was not w... |
Improvement Trust, Ludhiana Vs. Ujagar Singh | High Court and the appeal/revision of the appellant was dismissed on 9/5/2003. In the light of the aforesaid orders the objections preferred by appellant herein purportedly filed under Order 21 Rule 90 of the CPC met with the fate of dismissal. Appellant also filed an application for review of the order dated 9/5/2003 ... | 1[ds]13. Be that as it may, we are of the opinion that the delay in filing the first appeal before District Judge, Ludhiana, for setting aside the sale has not been so huge warranting its dismissal on such hypertechnical ground. In fact, according to us, appellant had taken all possible steps to prosecute the matter wi... | 1 | 1,880 | 572 | ### 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:
High Court and the appeal/revision of the appellant was dismissed on 9/5/2003. In the light of the aforesaid orders the o... |
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