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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Sri T. Ashok Pai Vs. Commissioner of Income Tax, Bangalore | amendment of Section 271(1)(C) made in the year 1964 to hold : "Even after the amendment of 1964, the penalty proceedings, it is evident, continue to be penal proceedings. Similarly, the question whether the assessee has concealed the particulars of his income or has furnished inaccurate particulars of his income conti... | 1[ds]The assessee is in appealaggrieved by and dissatisfied with a judgment dated 29.9.2005, passed by a Division Bench of the Karnataka High Court in ITRC No.492 of 1998 whereby and whereunder answer to the following question was rendered in the, on thefacts and in the circumstances of the case, the Tribunal was right... | 1 | 3,620 | 327 | ### Instruction:
Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction.
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amendment of Section 271(1)(C) made in the year 1964 to hold : "Even after the amendment of 1964, the penalty proceedings, i... |
Daryao Singh Vs. State of Madhya Pradesh | skin looses coherence, the superficial layers peel off easily and blisters are formed. it is, therefore, not suprising that owning to the formation of gases the penis and the scrotum were swollen and there was the presence of maggots. 10. Before we answer the contention it is essential to notice a few facts. The eviden... | 0[ds]11. Counsel for the appellant, however, emphasised that the statement of PW 2 in cross-examination clearly established the existence of blisters, an objective fact, which clearly supports the defense theory that death had taken place 14 to 20 days prior to the date on which the post-mortem examination was held and... | 0 | 3,578 | 304 | ### 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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skin looses coherence, the superficial layers peel off easily and blisters are formed. it is, therefo... |
M.V. Janardhan Reddy Vs. Vijaya Bank & Another | Act has to be exercised with judicial discretion regard being had to the interests of the Company and its creditors as well. This principle was followed in Rathnaswami Pillai v. Sadapathi Pillai and S. Soundarajan v. Roshan & Co. In A. Subbaraya Mudaliar v. K. Sundarajan, it was pointed out that the condition of confir... | 1[ds]19. Having heard the learned counsel for the parties and having given anxious consideration to the facts and circumstances in their entirety, in our opinion, it cannot be said that by setting aside sale, either the learned Company Judge or the Division Bench has committed any illegality which deserves interference... | 1 | 4,298 | 756 | ### Instruction:
Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation.
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Act has to be exercised with judicial discretion regard being had to the interests of the Company and its cr... |
Oriental Insurance Co.Ltd Vs. Vithabai | Anil R. Dave, J. 1. Though served, none appeared for the respondents. 2. Leave granted. 3. The appellant - Insurance Company has challenged the validity of the Judgment dated 1st July, 2009 delivered by the Karnataka High Court, Circuit Bench at Gulbarga in MFA No. 30178 of 2009. 4. By virtue of the impugned judgment, ... | 1[ds]8. After considering the submission made by the learned counsel and looking to the law laid down by this Court and in view of the fact that the age of the deceased was 56 and, therefore, taking notice of the multiplier indicated in the Second Schedule of Motor Vehicles Act, we are of the view that the High Court w... | 1 | 839 | 260 | ### Instruction:
Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding.
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Anil R. Dave, J. 1. Though served, none appeared for the respondents. 2. Leave granted. 3. The appellant - Insuran... |
M.V. Karunakaran Vs. Krishnan(Dead) By L.Rs | Purchaser prayed for delivery of possession. Respondent obstructed thereto. An application for removal of obstruction was filed by the appellant. The Executing Court by a judgment and order dated 09.10.1979 dismissed the said application, directing the respondent to deposit a sum of Rs.590.07 , inter alia, on the premi... | 0[ds]11. Herein we have to consider the case from altogether a different angle. It is not a case where the partners of the firm were not the owners of the property. It is also not a case where the property was owned by the partnership firm. The partners as pre-existing co-owners had a definite share of the property. Th... | 0 | 1,327 | 219 | ### Instruction:
Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document.
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Purchaser prayed for delivery of possession. Respondent obstructed thereto. An application for removal ... |
The New Phaltan Sugar Works Limited & Others Vs. The State of Maharashtra & Others | only make a reference to Exhibit B which are proceedings for attachment. In other words there is no challenge in so far as to the orders of 2nd and 3rd respondents are concerned. It is then pointed out that the Revision preferred against the orders of the 2nd respondent was only by petitioners 2, 5, 6 and 7. The petiti... | 0[ds]5. At the outset it may be pointed out that to consider Section 22 of the S.I.C. (S.P.) Act, Section 22 must be attracted. In the instant case the petitioner No.1 is a company and the petitioner Nos. 2 to 7 are its Directors. The proceedings under Section 49 are not proceedings by way of a suit. At the highest the... | 0 | 5,061 | 1,465 | ### Instruction:
Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding.
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only make a reference to Exhibit B which are proceedings for attachment. In other words there is no challenge in so far as... |
Lakshmi Narain And Others Vs. District Excise Officer, Fatehpur & Ors | KRISHNA IYER, J. 1. We have today disposed of a batch of writ of petitions arising under the Punjab Excise Act, 1914 (Annexure A). There the petitioner had challenged Sec. 59(f)(v) and rule 37 as unconstitutional. In the present batch of writ petitions he contention is identical except that the enactment and rule are f... | 0[ds]3. It is easy to see that the provisions in the Punjab Law, challenged unsuccessfully before us, and the se U.P. provisions are virtually the same. The contentions put forward by counsel for the petitioners and the submissions by the Solicitor General and shri O. P. Rana in reply are also identical with what we ha... | 0 | 601 | 185 | ### Instruction:
Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation.
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KRISHNA IYER, J. 1. We have today disposed of a batch of writ of petitions arising under the Punjab Excise A... |
Hafiz Din Mohammad Haji Abdulla Vs. State of Maharashtra | the assessees, a sample form whereof is set out here below :-"(1) You will have to meet my demand of bidis in my area.(2) You will have to give delivery of bidis at Manmad station.(3) I will sell your bidis at the rate fixed by you adding to it the expenses incurred.(4) Money towards goods will be remitted to you as sa... | 1[ds]These clauses clearly indicate that the bidis even in the hands of the merchants to whom they were despatched remained the property of the assessees. By clauses (3) and (9) these bidis in the hands of the merchants are expressly referred to as "your bidis". There is no warrant for assuming that the expression "you... | 1 | 1,362 | 391 | ### Instruction:
Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case.
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the assessees, a sample form whereof is set out here below :-"(1) You will have to meet my demand of bidis i... |
Asger Ibrahim Amin Vs. Life Insurance Corp. Of India | court will have to keep in mind the purposes of the statutory provisions. 31. The general purpose of the 1995 Pension Scheme, read as a whole, is to grant pensionary benefits to employees, who had rendered service in the insurance companies and had retired after putting in the qualifying service in the insurance compan... | 1[ds]4. As regards the issue of delay in matters pertaining to claims of pension, it has already been opined by this Court in Union of India v. Tarsem Singh, (2008) 8 SCC 648 that in cases of continuing or successive wrongs, delay and laches or limitation will not thwart the claim so long as the claim, if allowed, doe... | 1 | 5,750 | 1,120 | ### 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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court will have to keep in mind the purposes of the statutory provisions. 31. The general purpose of the 1995 Pension Sch... |
Jupudy Pardha Sarathy Vs. Pentapati Rama Krishna & Others | Hindu for the first time as a grant without any pre-existing right under a gift, will, instrument, decree, order or award, the terms of which prescribe a restricted estate in the property. It has also been held that where the property is acquired by a Hindu female in lieu of right of maintenance inter alia, it is in vi... | 0[ds]33. In the impugned judgment, the High Court has elaborately discussed the facts of the case and the law applicable thereto and came to the conclusion that the trial court committed serious error of law in holding that by virtue of Section 14(2) of the Act, her limited right has not become absolute35. After giving... | 0 | 8,841 | 108 | ### 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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Hindu for the first time as a grant without any pre-existing right under a gift, will, instrument, decree, or... |
RANDHIR KAUR Vs. PRITHVI PAL SINGH & ORS | appeal in terms of the provisions of law as it existed prior to 1976, and held as under: 12. The scope of second appeal as envisaged by section 100 of the Civil Procedure Code and section 41 of the Punjab Courts Act has been a matter of judicial scrutiny a number of times by this court as well as by the final court, th... | 1[ds]16) A perusal of the aforesaid judgments would show that the jurisdiction in second appeal is not to interfere with the findings of fact on the ground that findings are erroneous, however, gross or inexcusable the error may seem to be. The findings of fact will also include the findings on the basis of documentary... | 1 | 3,848 | 868 | ### Instruction:
Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding.
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appeal in terms of the provisions of law as it existed prior to 1976, and held as under: 12. The scope of second ... |
Rajesh Kumar Singh & Ors Vs. The State of Uttar Pradesh & Ors | Constable Drivers, the Appellants participated in the selection test. They were selected and on completion of training they were appointed as Constable Drivers. Seniority list of Constable Drivers was prepared on 14.05.2015. In supersession of Government orders, the State Government in exercise of the power under Secti... | 0[ds]4. The 2015 Rules has a cadre consisting of 9126 Constable Drivers, 1098 Head Constable Drivers, 283 Head Constable Motor Transport, 99 Sub-Inspector Motor Transport and 9 Inspector Motor Transport. Rule 5 (c) which has been challenged by the Appellants in the Writ Petition provides for appointment to the post of ... | 0 | 1,121 | 448 | ### Instruction:
Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document.
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Constable Drivers, the Appellants participated in the selection test. They were selected and on c... |
State Of Orissa Vs. Durga Charan Das | made from among the section heads of the department concerned, the selection under the relevant Orissa Rule is made from a larger class of public servants indicated therein. We are not satisfied that this contention is well-founded. In the present proceedings, besides quoting the relevant rules in the petition, the res... | 1[ds]It is well-known that promotion to a selection post is not a matter of right which can be claimed merely by seniority. Normally, in considering the question of a public servants claim for promotion to a selection post, his seniority and his merits have to be considered; and so, it seems to us very difficult to acc... | 1 | 4,114 | 740 | ### Instruction:
Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation.
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made from among the section heads of the department concerned, the selection under the relevant Orissa Rule ... |
SANJAY PRAKASH & ORS Vs. UNION OF INDIA & ORS | any challenge to a particular qualification of any individual candidate rather their challenge was that without scrutiny large number of candidates, who were claiming qualification equivalent to CCC Certificate have been included without there being any scrutiny and without they fulfilling the qualification. The case o... | 1[ds]Prabodh Verma And Ors. vs State of Uttar Pradesh & Ors.[1984 (4) SCC 251 ] has been relied upon.In this Judgment, it has been, inter-alia held:-The real question before us, therefore, is the correctness of the decision of the High Court in the Sangh Case. Before we address ourselves to this question, we would like... | 1 | 3,520 | 1,600 | ### 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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any challenge to a particular qualification of any individual candidate rather their challenge was that witho... |
Gujarat Urja Vikas Nigam Ltd Vs. Essar Power Limited | obligation of GUVNL to issue dispatch instructions was not dependent on declaration of the available capacity by the EPL. Contrary view of the Tribunal is clearly erroneous. In paras 45 and 46 and elsewhere in its judgment, the Tribunal erred in holding that there was no obligation to declare available capacity on prop... | 1[ds]22. The agreement clearly contemplates the proportion of allocation of a capacity. The EPL has to fuel and operate the generating station to meet the requirement of electric output that can be generated corresponding to the allocated capacity. The appellant has to pay annual fixed cost as determined in terms of cl... | 1 | 10,461 | 399 | ### Instruction:
Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation.
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obligation of GUVNL to issue dispatch instructions was not dependent on declaration of the available capacit... |
Bharat Petroleum Corp. Ltd Vs. B.M. Motors | even after payment is made, if partner nos. 1 and 2 do not give no objection, the Corporation shall reconstitute the firm waiving the No Objection. Challenging the judgment, Bharat Petroleum Corporation Limited has preferred the present appeal.6. The learned counsel appearing for the appellant –corporation contended th... | 1[ds]10. Respondent No.1 herein in its counter affidavit dated 31.01.14 have stated that in compliance of the direction of the High Court in the impugned judgment, it had sent the bank draft/pay order dated 10.6.2013 for a sum of Rs.8,64,650/issued by Canara Bank Kannauj Branch to respondent nos. 2 and 3 herein towards... | 1 | 1,808 | 637 | ### Instruction:
Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding.
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even after payment is made, if partner nos. 1 and 2 do not give no objection, the Corporation shall reconstitute t... |
The Additional Assistant Commissioner Vs. Firm Jagmohandas Vijaykumar & Others | Hegde, J. 1. The point of law arising of decision in these appeals is covered by the decision of this Court in Civil Appeal No. 771 of 1966, decided on the 14th Aug.1968 (SC). In view of that decision these appeals have to be allowed. 2. In these appeals we are concerned with the scope of Ss. 8 and 10 of the Madhya Bha... | 1[ds]4. This Court in Civil Appeal No. 771 of 1966, dated8 (SC) has ruled that once an assessment proceeding has commenced thereafter there can be no. question of any bar of limitation under S. 10 of Madhya Bharat Sales Tax Act. It has further ruled that an assessment proceeding commences either when the assessee submi... | 1 | 552 | 183 | ### 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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Hegde, J. 1. The point of law arising of decision in these appeals is covered by the decision of this Court... |
NAZIR MOHAMED Vs. J.KAMALA AND ORS | had pleaded that he had been in complete possession of the suit premises, as owner, with absolute rights, ever since 1966, when his father had executed a Deed of Release in his favour and/or in other words for over 28 years as on the date of institution of the suit. 56. As held by the Privy Council in Peri v. Chrishold... | 1[ds]32. To be substantial, a question of law must be debatable, not previously settled by the law of the land or any binding precedent, and must have a material bearing on the decision of the case and/or the rights of the parties before it, if answered either way.33. To be a question of law involved in the case, there... | 1 | 7,258 | 2,814 | ### Instruction:
Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding.
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had pleaded that he had been in complete possession of the suit premises, as owner, with absolute rights, ever since 1966,... |
Smt. Aruna Kumari Vs. Government Of Andhra Pradesh And Others | been disposed of by the Central Government but about 3 months later after its filling. It was argued that Section 14 of the Act clothes the authority with the power of revoking the detention order, and such a power carries with it the duty to exercise it whenever and as soon as changed or new factors call for the exerc... | 0[ds]It is true that it may not be a legally recorded confession which can be used as substantive evidence against the accused in the criminal case, but it cannot be completely brushed aside on that ground for the purpose of his preventive detention. The records further show that the oral evidence of the watchman and t... | 0 | 3,760 | 1,683 | ### 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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been disposed of by the Central Government but about 3 months later after its filling. It was argued that S... |
Banoo J. Coyajee Vs. Shanta Genevieve Prommeret Parulekar | and his group over the 1st respondent company. If any other remedy at law is available to the petitioners in this connection they are free to avail of it. But we fail to see how the register of members can be rectified under section 155 of the Companies Act in respect of these shares when respondents were within their ... | 1[ds]It is therefore not necessary for all the trustees to sign the transferthe resolution of the trustees executors any one of the executors was entitled to sign the transfer forms. Hence the three executors who have signed transfer forms have done so as transferrers in valid exercise of power under the said resolutio... | 1 | 10,084 | 2,834 | ### 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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and his group over the 1st respondent company. If any other remedy at law is available to the petitioners in this connect... |
Ratan Lal Patel Vs. Dr. Hari Singh Gour Vishwavidyalaya & Another | M.R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned order dated 13.12.2021 passed by the Division Bench of the High Court of Madhya Pradesh, Principal Seat at Jabalpur in Review Petition/Application No. 1189/2020, by which the High Court has allowed the said review petition/application and has recalle... | 1[ds]4. Having considered the impugned order, it can be seen that the impugned order allowing the review application is a cryptic, nonreasoned and non-speaking order. Nothing has been mentioned and/or observed as to what was that error apparent on the face of the record which called for interference. It cannot be dispu... | 1 | 915 | 386 | ### Instruction:
Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document.
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M.R. SHAH, J. 1. Feeling aggrieved and dissatisfied with the impugned order dated 13.12.2021 pass... |
Mackinon Mackenzie Limited Vs. G.S. Raj and Others | trial Court held that there was breach of Section 25G of Industrial Disputes Act.33. At the cost of repetition it must be observed that in the instant case the Respondent company has failed to establish that for reasons recorded by them they deviated from Rule 25G. They failed to prove from the seniority list the retre... | 0[ds]20. Bearing in mind the above definitions if we see the pleadings of Respondent Company as well as the evidence on record then also it is very clear that case in hand is not a clear case of closure but it can only be said that it is pertaining to retrenchment arising out of a particular policy adopted by the compa... | 0 | 8,162 | 2,533 | ### Instruction:
Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences.
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trial Court held that there was breach of Section 25G of Industrial Disputes Act.33. At the cost of repetition it must be ... |
Onkar Nath Misra Vs. State Of Haryana | Santosh Hegde, J. 1. The appellant herein and some others were charged for certain misconduct of gheraoing some senior officers of the Company for long hours. It is also stated that during the gherao one of the officers, Manjeet Singh, received injuries. In a domestic enquiry conducted by the Management, the charge-she... | 0[ds]6. We have perused the order of the Labour Court and the reasoning given therein which was reconsidered by the High Court and we are in agreement with the finding of the tribunal as well as by the High Court that from the material on record it is established that the appellant did take part in the gherao of the of... | 0 | 817 | 76 | ### Instruction:
Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document.
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Santosh Hegde, J. 1. The appellant herein and some others were charged for certain misconduct of ... |
Smt. Indrani Raja Durai & Ors Vs. Madras Motor & General Insurancecompany & Ors | 1. This appeal by special leave arises from the order dated July 5, 1974, of the Division Bench of the High Court of Madras in Appeal against Orders Nos. 34 and 178 of 1973. The facts are fairly clear. 2. On April 4, 1971, while the deceased, Rajadurai, was driving the motor cycle from western direction to eastern dire... | 1[ds]3. We have scanned the evidence and the reasoning of the High Court and the Tribunal. Unfortunately, the High Court has not considered the evidence from the proper perspective. Since the driver of the bus equally was driving at a high speed, greater care was required of him to see that no accident took place. It w... | 1 | 401 | 151 | ### 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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1. This appeal by special leave arises from the order dated July 5, 1974, of the Division Bench of the High ... |
Shyam Telelink Ltd Vs. Union Of India | Rs.7.3 crores was paid by the appellant in the beginning without any objection followed by a payment of Rs.70 lakhs made on 29th May, 2001. Although the appellant had sought waiver of the liquidated damages yet upon rejection of that request it had made the payment of the amount demanded which signified a clear accepta... | 0[ds]9. In the light of the above admission which is the best evidence against the appellant, it is not open to the appellant to argue that it was ready to start commercial operations in February 1999. The Tribunal was, therefore, perfectly justified in holding that the commercial operations were started only on 5th Ju... | 0 | 3,599 | 1,239 | ### Instruction:
Forecast the likely verdict of the case (granting (1) or denying (0) the appeal) and then rationalize your prediction by pinpointing and explaining pivotal sentences in the case document.
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Rs.7.3 crores was paid by the appellant in the beginning without any objection followed by a payment of... |
Sashi Prasad Barooah Vs. The Agriculture Income-Tax Officer, Shillong,Assam & Ors | in our opinion, should be in the affirmative. What the rule contemplates in that unless an order was made on the basis of the alleged partition of a Hindu undivided family, such family shall be deemed for the purposes of the Act to continue to be a Hindu undivided family. The rule thus relates to the working of the Act... | 0[ds]After giving the matter our consideration, we are of the opinion that the two contentions advanced by Mr. Sen on behalf of the appellant are not well-founded. It is consequently not necessary for us to go into the question as to what is the effect of the omission of the appellant to refer to the partition in the c... | 0 | 4,134 | 913 | ### 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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in our opinion, should be in the affirmative. What the rule contemplates in that unless an order was made o... |
M/S Vinedale Distilleries Ltd Vs. Dena Bank | management of the Company in question, should be filed before the Honble Delhi High Court, which will decide the matters." 2. Having regard to the above direction, the Petitioners herein have prayed that the two above-mentioned matters filed under the provisions of the Recovery of Debts Due to Banks and Financial Insti... | 1[ds]6. We have carefully considered the submissions made on behalf of the respective parties, and, although, technically speaking the proceedings before the DRT, Hyderabad, are not covered by the directions contained in the order of 4th January, 2008, due weightage has to be given to the intention of this Court that a... | 1 | 1,312 | 247 | ### Instruction:
Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation.
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management of the Company in question, should be filed before the Honble Delhi High Court, which will decide... |
State Of Assam & Ors Vs. Premadhar Baruah & Ors. Etc | of discretion by the authority who would terminate the service in the matter of selection or classification. It was said that arbitrary and uncontrolled power was left with the authority to select at its will any person against whom action would be taken and therefore the authority could discriminate between two railwa... | 1[ds]The order dated 21st March, 1963 was an executive instruction. That order of 21st March, 1963 has to be read not only in the light of the order dated 2nd April, 1968 but also in relation to F. R. 56 (a). The memorandum of 2nd April, 1968 definitely stated that the benefit of raising the age of superannuation to 58... | 1 | 3,519 | 939 | ### Instruction:
Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text.
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of discretion by the authority who would terminate the service in the matter of selection or classification. It was said ... |
Madhuband Colliery Vs. Their Workmen | was submitted that the tribunal was wrong in taking the view that the conditions of service of the respondent were governed by standing order Ex. W. 17 of the standing orders for the coalmining industry as certified by the Chief Labour Commissioner. It was pointed out that these standing orders came into operation on 2... | 1[ds]In the absence of any express contract between the parties or in the absence of certified standing orders it must be held that the conditions of service of the respondent are governed by the service rules of Karam Chand Thapar & Bros., Ltd., Ex. M., which applied to the employees of all the companies under the man... | 1 | 1,550 | 530 | ### Instruction:
Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction.
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was submitted that the tribunal was wrong in taking the view that the conditions of service of the resp... |
RAJASTHAN STATE ROAD TRANSPORT CORPORATION LTD. & ORS. Vs. SMT. MOHANI DEVI & ANR | subsequent to the death of the husband, the respondent had filed the writ petition before the High Court of judicature for Rajasthan, Bench at Jaipur in S.B. Civil Writ Petition No.2839/2012. The learned Single Judge while considering the case of the respondent merely took note of the legal position which had been enun... | 1[ds]11. Having heard the learned counsel for the parties, we find that the factual aspects which were relevant for decision making in the instant case has not been referred by the High Court during the course of its order but has merely assumed that the voluntary retirement application should be deemed to have been ac... | 1 | 1,955 | 882 | ### 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:
subsequent to the death of the husband, the respondent had filed the writ petition before the High Court of... |
First Additional Wealth Tax Officer, Kozhikode, and Others Vs. Khan Bahadur Mammed Keyi and Others | dealt with together. One of the appeals (No. 262) arises out of a writ petition by the karanavan of a Muslim Mopla tarwad in the District of North Malabar, governed by the Marumakkathayam law. The other four appeals arise out of writ petitions by karanavans of Hindu undivided families in Malabar and Cochin. These five ... | 1[ds]We have come to the conclusion that these cases must be remanded to the High Court for further consideration after giving parties an opportunity to place full facts in connection with the application of article 14 before it. The High Court itself pointed out that there was no averment on behalf of the writ petitio... | 1 | 1,095 | 492 | ### Instruction:
Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences.
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dealt with together. One of the appeals (No. 262) arises out of a writ petition by the karanavan of a Muslim Mopla tarwad ... |
Ashok Leyland Limited Vs. Union of India & Others | of Maharashtra. Those orders have become final, now the Tamil Nadu authorities are seeking to reopen the assessment and proposing to treat the said movement of vehicle from Tamil Nadu to Maharashtra as inter State sales. Suppose, tomorrow it is held by the Tamil Nadu authorities that they were indeed inter State sales ... | 0[ds]12. We find difficult to agree with Sri Parasaran that S.6A creates a conclusive presumption. It is true that if the particulars stated in the declaration/Form F are found to be true, the assessing authority shall pass an order, either at the time of making of the assessment or at any time before, that the content... | 0 | 9,632 | 1,273 | ### Instruction:
First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document.
### Input:
of Maharashtra. Those orders have become final, now the Tamil Nadu authorities are seeking to reopen the assessment and pro... |
Union of India and Another Vs. S.A. Razak | CHINNAPPA REDDY, J.The respondent was working as Station Master at Jadupudi Railway Station, when, he received a notice dated April 10/11. 1969, from the Divisional Operating Superintendent, South Eastern Railway, Khurda Road, purporting to retire him from service with effect from the forenoon of August 18, 1969, under... | 0[ds]There cannot be the slightest doubt that the High Court was entirely wrong in proceeding as if Art. 311 had any application. This was not a case of imposition of any penalty but a case of retirement on attaining the age of superannuation. The only question was whether the age of superannuation in the case of the r... | 0 | 351 | 145 | ### 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:
CHINNAPPA REDDY, J.The respondent was working as Station Master at Jadupudi Railway Station, when, he received a notice dat... |
Vivian Joseh Ferreira & Another Vs. Municipal Corporation of Greater Bombay & Others | a challenge against its constitutional validity. The decision in Railroad Retirement Board v. Alton Railroad Co., (1934) 79 Law Ed. 1468 learned heavily be counsel, disapproving a provision establishing a compulsory bonus system of employees on all carriers treating them all as a single employer, on the ground that it ... | 0[ds]The Act, thus, does not take notice of the actualities in the sense that though a building built in 1939 but wherein extensive repairs have been carried out in 1968 would be a better building than another built in 1950 yet the former has to pay the tax at a higher percentage than the latter. The categorisation of ... | 0 | 9,346 | 1,896 | ### Instruction:
First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document.
### Input:
a challenge against its constitutional validity. The decision in Railroad Retirement Board v. Alton Railroad Co., (1934) 79... |
Satish Churan Law Vs. H. K. Ganguly | be taken by a witness or any person on his behalf on his giving an undertaking that such notes shall be used only for the purpose of re-examination of the witness. It is also provided that on the conclusion of the examination, the notes shall, unless otherwise directed, be handed over to the Court for destruction. Rule... | 0[ds]It was never suggested before the High Court that the order was made without considering the material facts and circumstances. The Court has made the order in exercise of the jurisdiction vested in it and in the absence of any material to show that the order was made for a collateral purpose or by misleading the C... | 0 | 5,994 | 766 | ### Instruction:
Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding.
### Input:
be taken by a witness or any person on his behalf on his giving an undertaking that such notes shall be used ... |
Dilawarsab Babusab Mullasab & Others Vs. Special Land Acquisition Officer | Alagiriswami, J.1. These four appeals arise out of the judgment of the High Court of Mysore in four appeals in certain land acquisition matters.2. The lands with the acquisition of which we are concerned were acquired by the Government of Mysore for the Malaprabha project. They are situated in Gondi village of Parasgad... | 0[ds]9. It is to be noted that according to the data furnished by the Agricultural Research Station the net annual income was Rs. 87.59 per acre. On that basis the compensation which the parties would have been entitled to in respect of kushki lands will be only about Rs. 1750/as against the sum of Rs., 2500/per acre g... | 0 | 857 | 231 | ### 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:
Alagiriswami, J.1. These four appeals arise out of the judgment of the High Court of Mysore in four appeals i... |
Satluj Jal Vidyut Nigam Ltd. Vs. Sangh Dass | for Resettlement and Rehabilitation of persons being displaced due to construction of NJPC at indicated below: a) To allot developed agricultural land, to each family, who is rendered landless, equivalent to the area acquired or 5 bighas, whichever is less. This 5 bighas would include any land left with the family afte... | 0[ds]6. The High Court noticed that the District Judge had found that the first respondent was entitled to claim compensation in respect of the 11.4 bighas of land in its award.There was also a certificate issued by the Patwari of the concerned area certifying that the first respondent had constructed his house on the ... | 0 | 1,724 | 118 | ### 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:
for Resettlement and Rehabilitation of persons being displaced due to construction of NJPC at indicated below: a) To allot d... |
Shriram Jhunjhunwala Vs. The State Of Bombay And Others | its order regarding the grant of prospecting licence to the appellant over an area of 83.18 acres should be modified to the extent that the area granted under the prospecting licence be restricted to the virgin area of 51.18 acres, as the area of 32 acres had been previously held under a mining lease by Messrs. Akbar A... | 0[ds]10. In this view of the matter, it is unnecessary to consider the points urged for the appellant that the order of the Union Government was not an order within its jurisdiction inasmuch as it passed it without issuing notice to the appellant or affording him an opportunity to be heard on the review application fil... | 0 | 1,317 | 391 | ### 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:
its order regarding the grant of prospecting licence to the appellant over an area of 83.18 acres should be m... |
PRINCIPAL COMMISSIONER OF INCOME TAX(CENTRAL) 1 Vs. NRA IRON AND STEEL PVT. LTD. THROUGH DIRECTOR | A.Y. 2009 – 10. The Power of Attorney appoints all four partners of the firm i.e. Mr. Mohan Lal, Advocate, Mr. Ashwani Kumar, Chartered Accountant, Mr. Sanjeev Narayan, Chartered Accountant and Mr. Surender Kumar, FCA as their Counsel, and authorizes them to represent the Applicant – Company at all stages of the procee... | 0[ds]Mr. Sanjeev Narayan admittedly being the Power of Attorney holder of the Applicant – M/s. NRA Iron & Steel Pvt. Ltd. for the A.Y. 2009 – 10 was the agent of the Assesse – Company, and hence Notice could be served on him as the agent of the Assessee – Company in this case.The ground taken by Mr. Sanjeev Narayan tha... | 0 | 1,721 | 316 | ### 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:
A.Y. 2009 – 10. The Power of Attorney appoints all four partners of the firm i.e. Mr. Mohan Lal, Advoca... |
Jewellers Narandas and Sons Vs. Oriental Insurance Company Limited | The appellants are manufacturers and exporters of jewellery. The appellants insured a consignment of gold with the respondent-Insurance Company. The delivery of the gold was to be made to a consignee in Kuwait. Due to invasion of Kuwait by the Iraqi forces the consignment was lost/destroyed/stolen from the strong room ... | 0[ds]By a detailed judgment the Commission came to the conclusion that there was no deficiency on the part of the Insurance Company in rendering service to the appellants. We see no ground to interfere with the reasoning and the conclusions reached by the Commission in its judgment. We further agree with the Commission... | 0 | 176 | 81 | ### 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 appellants are manufacturers and exporters of jewellery. The appellants insured a consignment of gold with the... |
M.R. Pratap Vs. V.M. Muthukrishnan | to file the verified return. He also submitted that according to the newly introduced Sections 278B and 278C (introduced on 1st October, 1975) a director in the case of the company and a karta in the case of a Hindu Undivided Family, can be prosecuted, and, therefore, by virtue of the said new amendments, the legislatu... | 0[ds]We are afraid we cannot also agree with this submission of the learned counsel for the appellant. Section 2(35) of the Act defines the term "principal officer" and Section 2(20) of the Act defines the term "director". Section 2, sub-section (24) of the Companies Act defines the word "manager". At the relevant time... | 0 | 2,665 | 505 | ### Instruction:
Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case.
### Input:
to file the verified return. He also submitted that according to the newly introduced Sections 278B and 278C... |
Kumaon Mandal Vikas Nigam Ltd Vs. Girja Shankat Pant | the judge was a director of a charity closely allied to A.I. and sharing, in this respect, A.I.s objects. Only in cases where a judge is taking an active role as trustee or director of a charity which is closely allied to and acting with a party to the litigation should a judge normally be concerned either to recuse hi... | 0[ds]29. Having discussed the issue as above in the contextual facts, we do feel it expedient to record that the action of the Managing Director in the matter of withdrawal of authority as noticed above and subsequent introduction of charges, in particular, the list of the charges as noted above and the further factum ... | 0 | 8,141 | 138 | ### 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 judge was a director of a charity closely allied to A.I. and sharing, in this respect, A.I.s objects. Only in cases wh... |
Nehru Motor Transport Cooperative Society Ltd., And Others Vs. The State Of Rajasthan And Others | is invalid. It is not disputed that the Legal Remembrancer did give a hearing to the objectors after the order of the High Court. What is urged however is that the objectors should have been allowed to give evidence afresh before the Legal Remembrancer finally disposed of the objections. We are of opinion that though t... | 0[ds]It was therefore in our opinion unnecessary to bring in the question of the twelve partially overlapping routes when objections to this draft scheme were being considered. There is no doubt that the Roadways was also responsible for the introduction of this confusion for it seems to have been urged on its behalf, ... | 0 | 4,196 | 1,983 | ### 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:
is invalid. It is not disputed that the Legal Remembrancer did give a hearing to the objectors after the order of the Hig... |
Electronics Corporation Of India Ltd Vs. Elec. Corp. Of India Service Eng. Union | a consideration of the facts and the circumstances of this case we direct that the contracts which have been terminated already should be renewed on the same terms and the petitioners will be permitted to work on the basis of this contract. As regards others whose contracts are yet to and their contracts will be renewe... | 1[ds]8. There are no regular posts like Service Engineers or the Licensees or Retainers in the company and such contracts are entered into by the Company to attend the additional work as and when required in accordance with terms and conditions of the contracts. The regular employees are governed by the service conditi... | 1 | 3,273 | 1,379 | ### Instruction:
Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding.
### Input:
a consideration of the facts and the circumstances of this case we direct that the contracts which have been ... |
Voltas Limited Vs. Tehsildar, Thane & Others | and from the commencement of the Act "no person shall be entitled to hold any vacant land in excess of the ceiling limit in the territories to which the Act applies". It is, therefore, open to the authorities to specify a date from which the excess land shall be deemed to have been vested free from encumbrances in the ... | 1[ds]18.So far as the main grievance of the petitioner that no action could have been taken against the petitioner on the terms and conditions of Sanad and breach thereof in view of passing of the Urban Land Ceiling Act, exemption granted under the Act, is notand cannot be upheld. As is clear, land has been granted by ... | 1 | 4,056 | 849 | ### 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 from the commencement of the Act "no person shall be entitled to hold any vacant land in exce... |
Kayjay Industries (P) Ltd Vs. Asnew Drums (P) Ltd. & Ors | of the price the act of confirmation of the sale would not be a proper exercise of judicial discretion."Be it by a receiver, commissioner, liquidator or Court this principle must govern. This proposition has been propounded in many rulings cited before us and summed up by the High Courts. The expressions material irreg... | 1[ds]Indeed, in the present case, the executing Court had admittedly declined to affirm the highest bids made on 16-5-1969, June 5, 1969 and August 28, 1969, its anxiety to secure a better price being the main reason. If Court sales are too frequently adjourned with a view to obtaining a still higher price it may prove... | 1 | 3,943 | 1,694 | ### 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 the price the act of confirmation of the sale would not be a proper exercise of judicial discretion."Be i... |
Kale Khan Mohammad Hanif Vs. Commissioner of Income Tax, Madhya Pradesh and Bhopal | which arises out of the decision of the Tribunal nor one which the Tribunal has at all answered. It does not seem to us that a question in this form can be referred under section 66. The High Court, however, answered the question by saying that the inference was one of fact. If this is the correct view, then the matter... | 0[ds]7. It seems to us that the answer to this question must be in the affirmative and that is how it was answered by the High Court. It is well established that the onus of proving the source of a sum of money found to have been received by the assessee is on him. If he disputes liability for tax, it is for him to sho... | 0 | 2,182 | 1,303 | ### 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:
which arises out of the decision of the Tribunal nor one which the Tribunal has at all answered. It does no... |
Juggilal Kamlapat Vs. General Fibre Dealers Ltd (And Connected Appeal) | and in particular stress is laid on the collocation of words where these words follow the word "dies". We are however of opinion that these words cannot take their colour from the word "dies" and are a separate category by themselves and must be interpreted on their own. Now there is no doubt that generally speaking an... | 0[ds]8. It is clear from S. 19 that there are three matters which have to be borne in mind in arbitration proceedings. In such a case there can in our opinion be no doubt that where the reference and the arbitration agreement survive the same dispute may go before the arbitrators again provided there is machinery provi... | 0 | 5,862 | 2,289 | ### 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:
and in particular stress is laid on the collocation of words where these words follow the word "dies". ... |
Puttarangamma & 2 Ors Vs. M. S. Ranganna & 3 Ors | plaintiff to revoke or withdraw the unambiguous intention to separate contained in the plaint, so as to restore the joint status and as such the members should be treated as divided members for the purpose of working out their respective rights. 6. We proceed to consider the next question arising in this appeal whether... | 1[ds]It is admitted that Savoy Ranganna was very old, about 85 years of age and was ailing of chronic diarrhoea. He was living in the family house till January 4, 1851 when he was removed to the Sharda Nursing Home where he died on January 13, 1951 at 3 p. m. According to the case of respondent No. 1 Savoy Ranganna had... | 1 | 5,041 | 1,112 | ### 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:
plaintiff to revoke or withdraw the unambiguous intention to separate contained in the plaint, so as ... |
Viral Filaments Limited, Mumbai Vs. Indusind Bank Limited, Mumbai | will be necessary for the DRT to decide questions of priority bearing in mind the principles underlying section 73 of the Code of Civil Procedure inasmuch as section 22 of the RDB Act gives sufficiently wide power to the Tribunal/ Appellate Tribunal to decide such questions of priorities, subject only to the principles... | 0[ds]5.Section 18 of the RDB Act provides that, on and from the appointed day, jurisdiction of Courts and other authorities in relation to matters specified in section 17 is barred. Section 17 provides that on and from the appointed day, a Tribunal constituted under the RDB Act shall exercise the jurisdiction, powers a... | 0 | 4,062 | 1,071 | ### 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:
will be necessary for the DRT to decide questions of priority bearing in mind the principles underlying secti... |
State Of Assam Vs. Assam Tea Co. Ltd | Act, 1923 to the notified area committee including the Nazira Town Committee. But no notification under Section 328 of the Assam Municipal Act, 1923 extending the boundaries of the Nazira Town Committee area was issued. In 1957 the Assam Municipal Act, 1923 was repealed and was replaced by the Assam Municipal Act 15 of... | 1[ds]3. It is unnecessary to consider whether, as suggested by counsel for the State of Assam, by virtue of Section 336 (3) once a notification under Sec. 4 of the Act of 1923 was issued, for all purposes a Town Committee became a municipality and on that account the notification continued to remain in operation. In ou... | 1 | 1,626 | 326 | ### 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:
Act, 1923 to the notified area committee including the Nazira Town Committee. But no notification under Section 328 of the... |
Harman Singh And Others Vs. Regional Transport Authority, Culcutta And Others | the prescribed minimum and contended that in that situation the occupation of the proprietors of large taxis was bound to come to a standstill and as such the notification amounted to a breach of their fundamental right guaranteed under Article 19(1)(g) of the Constitution. In our opinion, none of the contentions raise... | 0[ds]In our opinion, none of the contentions raised by the learned counsel has any substance. Without in any way finally deciding the question of the true construction of Rule 179 of the Bengal Motor Vehicles Rules, read with the provisions of Section 42 of the Motor Vehicles Act, because it does not directly arise her... | 0 | 2,175 | 545 | ### Instruction:
First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document.
### Input:
the prescribed minimum and contended that in that situation the occupation of the proprietors of large taxis was bound to c... |
Commissioner of Income Tax, Assam, Tripura and Manipur Vs. Jwalaprasad Agarwala | had been assessed in the hands of the father, on the ground that the father had taken active interest in the business of the firms in which the minor is a partner. Apart from this, the fact remains that the minor had been admitted as a partner in Jwalaprasad Mulchand, Dhubri, only because of the introduction of the ini... | 0[ds]5. The High Court first dealt with the income of the minor from the Galla firm and the Calcutta firm. The High Court held that " merely because the minor was admitted to the benefits of these two firms and as there must be some sort of financial connection between the three firms, it cannot be said that the minors... | 0 | 1,871 | 651 | ### 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:
had been assessed in the hands of the father, on the ground that the father had taken active interest in t... |
The Commissioner Of Income-Tax, Madras Vs. Kasturi And Sons Ltd | useless as everybody would resort to such practice and deprive the Revenue of the tax payableWe have already set out the relevant provisions in the policy of insurance giving an option to the insurer to replace or make good accidental loss or damage to the aircraft. The insurer exercised the option in this case. The ef... | 0[ds]Thus, there is no doubt that on the exercise of the option by the insurer over which the insured has no sway, the contract should be considered only as a contract for reinstatement and not as a contract for money. There is no question of any "money payable" under the contract. There is a fallacy in the contention ... | 0 | 4,552 | 327 | ### 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:
useless as everybody would resort to such practice and deprive the Revenue of the tax payableWe have already set out the re... |
Vulcan Insurance Co. Ltd Vs. Maharaj Singh & Another | claim. Naturally, that question would have first to be decided by suit, as under clause 18, that question could never have been referred to arbitration."We approve the law so enunciated by the Bombay High Court.17. Mr. Andley placed reliance upon some decisions of the High Courts in India in support of his contention. ... | 1[ds]The correspondence between the parties makes it clear that at one time the surveyors had assessed the damages at Rs. 4, 620 in their letter dated April 26, 1963. But the said assessment was, in express terms, without commitment of any liability on the part of the insurance company. The company, however, completely... | 1 | 4,874 | 1,120 | ### 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:
claim. Naturally, that question would have first to be decided by suit, as under clause 18, that questi... |
Dhup Singh and Others Vs. Rattan and Others | in the circumstances of this case, we feel persuaded to enlarge the time of 90 days fixed under Order XVI, Rule 21 of the rules and direct the substitution of the legal representatives of respondents 56 and 31. This would have necessitated the adjournment of the appeal for proceeding on merits if we would have felt per... | 0[ds]We do not, however, find alike (b) of Rule 12 in relation to the application under Rule 13 providing for the condonation of the delay under Section 5 of the Limitation Act. Nonetheless the power of this Court under Order XLV, Rule 3 will be available for enlarging the time fixed by Rule 14 for the filing of an app... | 0 | 2,419 | 257 | ### Instruction:
Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document.
### Input:
in the circumstances of this case, we feel persuaded to enlarge the time of 90 days fixed under O... |
OM PRAKASH AGARWAL SINCE DECEASED THR LRS Vs. VISHAN DAYAL RAJPOOT | in Section 21 in the year 1976. Following was stated in paragraph 34, 37 and 41:- ?34. It may be noted that Section 21 provided that no objection as to place of the suing can be allowed by even an appellate or revisional court unless such objection was taken in the court of first instance at the earliest possible oppor... | 1[ds]31. It is true that District Judge or Additional District Judge functioning as Small Causes Courts can take cognizance of all suits irrespective of their value. But use of the words ?irrespective of their value? was in contradiction of the pecuniary value, which was given to Judge of Small Causes Courts presided b... | 1 | 14,904 | 1,358 | ### 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:
in Section 21 in the year 1976. Following was stated in paragraph 34, 37 and 41:- ?34. It may be noted that... |
K.Gopaul Vs. Union Of India And Others | that this transfer would involve loss of lien on a permanent post by the appellant. The subsequent orders have, however, clearly rectified this error. By the Order, dated 6th June 1964, the first step was taken of keeping the earlier existing temporary post of Accommodation Controller, Madras, in abeyance with effect f... | 0[ds]We cannot accept the submission that the mere fact that the post of Accommodation Controller, to which the appellant has been transferred, has not been designated as the post of a Head of the Department necessarily involves any reduction in rank. In fact, it is well known that in Government service, there may be s... | 0 | 3,623 | 839 | ### Instruction:
Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding.
### Input:
that this transfer would involve loss of lien on a permanent post by the appellant. The subsequent orders have, however, c... |
State of Orissa Vs. Babu Lal Chappolia | be taken ? Instead of a revised return it could have taken a written statement containing the new ground. Therefore, we do not consider it necessary to deal with the point whether it is competent for the appellate authority to accept a revised return or not.6. Regarding the second point it is necessary to notice the re... | 1[ds]5. The first point does not seem to have been raised before the High Court. Further the questions referred do not raise the problem whether a revised return can be filed or not. The only point raised with respect to a revised return is whether it can be taken into consideration. If the appellate authority has the ... | 1 | 2,451 | 640 | ### 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:
be taken ? Instead of a revised return it could have taken a written statement containing the new ground. Th... |
JOGI RAM Vs. SURESH KUMAR & ORS | property is allotted or transferred to a female in lieu of maintenance or a share at partition, the instrument is taken out of the ambit of sub- s. (2) and would be governed by s. 14(1) despite any restrictions placed on the powers of the transferee. (5) The use of express terms like property acquired by a female Hindu... | 1[ds]17. There is no doubt that Section 14 of the said Act is the part of the said Act to give rights of a property to a Hindu female and was a progressive step. Sub-Section (1) of Section 14 of the said Act makes it clear that it applies to properties acquired before or after the commencement of the said Act. Any prop... | 1 | 6,071 | 3,192 | ### 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:
property is allotted or transferred to a female in lieu of maintenance or a share at partition, the ins... |
Himachal Pradesh State Forest Corpn Vs. Regional Provident Fund Commissioner | Harjit Singh Bedi, J. 1. These appeals are directed against the judgment and order of the High Court of Himachal Pradesh at Shimla whereby the order of the Presiding Officer of the Employees Provident Fund Appellate Tribunal dated 15th December 1999 has been upheld and the direction issued thereunder to remand the case... | 0[ds]5. We have heard the learned counsel for the parties and gone through the record. We do appreciate that the inaction on the part of the Commissioner to initiate proceedings within a reasonable time, has to be deplored. However, as the Corporation has itself submitted that it was covered under the Act and in view o... | 0 | 1,069 | 91 | ### 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:
Harjit Singh Bedi, J. 1. These appeals are directed against the judgment and order of the High Co... |
Hem Chand Vs. The Delhi Cloth & General Mills Co. Ltd.& Ors | given its due meaning. The contention of the learned counsel on behalf of the tenant that the section confers a discretion on the Rent Controller to strike out th e defence or not has to be accepted. If the defence is not struck that the hearing of the application of the landlord will have to be proceeded with giving o... | 1[ds]It is clear from section 15 (7) that an inquiry will have to be proceeded with even when the defence of the tenant has been struck out. More so this procedure is applicable when the defence is not struck out but only there is a failure to comply with an order under section 15(1). The Full Bench of the Delhi High C... | 1 | 3,115 | 1,867 | ### 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:
given its due meaning. The contention of the learned counsel on behalf of the tenant that the section confers a discretion... |
Commissioner Of Trade Tax, U.P Vs. Varun Beverages Ltd | court in the decision in State of Bihar and Others (supra). 18. This Court in the case of State of Bihar v. Steel City Beverages Ltd., reported as (1999) 1 SCC 10 , observed that as under: - "8. It is also relevant to refer to the two notifications of the Government of India in the Ministry of Industry (Department of I... | 1[ds]is quite necessary to give full and complete effect to the provision in a purposive manner so as to advance the objective of the provision. So in the instant case all those apparatus, equipments and components which are necessary for running of the factory would also be considered as investment and would therefore... | 1 | 3,299 | 293 | ### 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:
court in the decision in State of Bihar and Others (supra). 18. This Court in the case of State of Bihar v.... |
Rangnath Sharma Vs. Satendra Sharma & Others | identically similar. The acts may be different in character, but must have been actuated by one and the same common intention pervading amongst all accused in order to attract the provision. Section 34 is applicable even if no injury has been caused by the particular accused himself. For applying Section 34 it is not n... | 1[ds]evidence on record, we proceed to appreciate the evidence and also examine the reasons given by the High Court in acquitting the accused persons. While passing the order of acquittal, the High Court has held that the place of occurrence was at a considerable distance from the cabin of the informant and also from t... | 1 | 4,186 | 2,220 | ### 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:
identically similar. The acts may be different in character, but must have been actuated by one and the same common intent... |
GOVERNMENT OF INDIA Vs. SITAKANT S. DUBHASHI | object of SSSP Scheme, 1980 was to grant central pension to all those, who are in receipt of the State pension cannot be accepted. By relaxing, the SSSP Scheme, 1980 for a limited category, the object of the main Scheme shall not be lost nor those who are not covered by relaxed conditions can claim right to grant of SS... | 1[ds]18. The Scheme dated 17.02.2003 clearly provided that the Central Pension is to be granted to the participants of the second phase of Goa Liberation Movement who have been granted freedom fighter pension by the State Government by 01.08.2002Note contains the details of list of freedom fighters received from differ... | 1 | 6,459 | 1,637 | ### 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:
object of SSSP Scheme, 1980 was to grant central pension to all those, who are in receipt of the State ... |
Maharashtra General Kamgar Union Vs. Raptakos Brett and Company Limited and Another | ORAL JUDGMENTH.L. GOKHALE, J. (1) HEARD Mr. Ganguli in support of this appeal. Mr. Rele appears for the respondents. This appeal seeks to challenge the order of the single Judge dated March 16, 1992 in Writ petition No. 676 of 1987 whereby the learned single Judge had confirmed the order passed by the Sixth Labour Cour... | 0[ds]It is not possible to accept this submission because it will mean that if work is taken from such substitutes, badlis or temporary or casual workmen in place of the regular workmen and if they are discontinued on the regular workmen reporting all such breaks will have to be read against the Management when in fact... | 0 | 1,040 | 147 | ### 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:
ORAL JUDGMENTH.L. GOKHALE, J. (1) HEARD Mr. Ganguli in support of this appeal. Mr. Rele appears for the res... |
Commissioner of Income Tax (Central), Calcutta Vs. Mcleod and Company Limited | "arose in connection with the fictitious transactions indulged in by the company which were detected by its auditors after investigation. The expenses incurred as a result of such illegal activities were not the legitimate expenses of the appellant company incurred in the course of its business." On further appeal, the... | 1[ds]Nevertheless, it appears to us that the appellant should have proceeded in the way indicated in N. V. Khandvala v. Commissioner of Income-tax, where Kania J.a statement of case, with the question of law framed by the Tribunal, is filed in court for disposal, it a party is aggrieved and wants to contend that certai... | 1 | 1,426 | 235 | ### 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:
"arose in connection with the fictitious transactions indulged in by the company which were detected by its auditors after... |
ABHIMANYU PARTAP SINGH Vs. NAMITA SEKHON & ANOTHER | frustration, mental agony in life etc. 17. On perusal of the record out of the pecuniary heads MACT has not awarded any amount in future loss of earning even having 100% permanent disability while the High Court granted Rs.6,00,000/- only for 10 years because the appellant is now practicing as an advocate in the Court ... | 1[ds]9. After hearing learned counsel for the parties and looking to the findings recorded by the MACT and High Court, it cannot be doubted that the claimant has suffered 100% permanent disability in a road accident and the liability is joint and several. For the purpose of understanding the nature of injuries and its ... | 1 | 3,818 | 2,598 | ### 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:
frustration, mental agony in life etc. 17. On perusal of the record out of the pecuniary heads MACT has not award... |
COMMISSIONER OF INCOME-TAX Vs. KTC TYRES (INDIA) LTD | 1. These appeals by special leave are directed against the judgment and order of the High Court of Kerala at Ernakulam dated October 11, 2002, whereby the High Court in exercise of its original jurisdiction passed orders on Report No. 58 in C.P. No. 19 of 1992, Report No. 40 in C.P. No. 2 of 1995 and Report No. 51 in C... | 0[ds]3. The language of the section is clear and unambiguous and having regard to the clear language employed by the Legislature, there can be no doubt that notwithstanding any other provision in the Companies Act or any other law for the time being in force, in the winding up of a company, the workmens dues and debts ... | 0 | 878 | 313 | ### Instruction:
Predict the outcome of the case proceeding (1 for acceptance, 0 for rejection) and subsequently provide an explanation based on significant sentences in the proceeding.
### Input:
1. These appeals by special leave are directed against the judgment and order of the High Court of Kerala at Ernakulam dat... |
Commissioner Of Income-Tax,West Bengal Vs. Calcutta Agency Ltd | final statement of facts. Surprisingly, we find that the High Court, in its judgment, has taken the argument of Mr. Mitra as if they were facts and have based their conclusion solely on that argument. Nowhere in the statement of the case prepared by the Tribunal and filed in the High Court, the Tribunal had come to the... | 1[ds]6. A scrutiny of the record in the present case shows that before the Income-tax Officer the assessees claimed only a deduction of the interest of Rs. 5,582.00 us a permissible deduction under S.10 (2) (iii), Income-tax Act. That claim was rejected by the Income-tax Act. Officer. When the matter went to the Assist... | 1 | 3,186 | 487 | ### 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:
final statement of facts. Surprisingly, we find that the High Court, in its judgment, has taken the arg... |
The Ahmedabad Miscellaneousindustrial Workers' Union Vs. The Ahmedabad Electricity Co. Ltd | approved. In the circumstances it seems to us that it is not open to the appellant to raise the question that the provisions of the Seventh Schedule to the Electricity (Supply) Act should be applied for purposes of calculating depreciation in preference to the income-tax rates in working out the Full Bench formula.5. B... | 0[ds]In the circumstances it seems to us that it is not open to the appellant to raise the question that the provisions of the Seventh Schedule to the Electricity (Supply) Act should be applied for purposes of calculating depreciation in preference to the income-tax rates in working out the Full Bench formula.5. But, a... | 0 | 2,102 | 781 | ### 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:
approved. In the circumstances it seems to us that it is not open to the appellant to raise the question that the... |
The Commissioner Of Income-Tax,Bombay City, Bombay Vs. Nandlal Gandalal | be decided on that narrow issue for reasons, which will presently appear. Section 4A deals with residence of an individual at one end and of a corporation like the company at the other. It also deals with the residence of three entities, viz., Hindu undivided family, firm and association of persons in the remaining par... | 0[ds]7. We must make it clear at the very outset that the first question raised before the Tribunal and decided by it against the assessee does not now fall for consideration. Whatever income Nandlal and Girdharlal received from the two businesses at Bombay and Banaras was income in their hands of the Hindu undivided f... | 0 | 7,328 | 582 | ### 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:
be decided on that narrow issue for reasons, which will presently appear. Section 4A deals with residence of an individua... |
STATE OF KARNATAKA Vs. Y. MOIDEEN KUNHI (D) BY LRS. & ORS. | income of such person or family from such source. As we have already referred to, Section 79-B deals with prohibition of holding agricultural land by certain persons beyond a specified limit. Sub- clause (1) (a) provides that no person other than a person cultivating land personally shall be entitled to hold land. The ... | 1[ds]From the judgment of the Review Court, we find that point was taken by the State that the estate was purchased by a firm but declaration of holding under Section 66 was given by three individuals. But the Review Court did not find any flaw in such exercise being undertaken by the individual declarants. On the othe... | 1 | 4,695 | 694 | ### 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:
income of such person or family from such source. As we have already referred to, Section 79-B deals with prohibition of ... |
The Commonwealth Trust Ltd., Calicut, Kerala Vs. The Commissioner Of Income Tax, Kerala Ii, Ernakulam | Where the capital asset is sold for less than the written down value, the difference or deficiency between the sale price and the written down value is allowed as a deduction in the computation of the business profits (section 32(1)(iii), which is termed as balancing (or terminal) allowance and where the asset is sold ... | 0[ds]The High Courts of Gujarat, Allahabad, Calcutta and Kerala have, however, held that this could not be so as section 50(1) being a special provision for computing the cost of acquisition in the case of depreciable assets, it would override the general provisions of section 55(2) which according to these High Courts... | 0 | 7,475 | 1,712 | ### 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:
Where the capital asset is sold for less than the written down value, the difference or deficiency between the sale price a... |
State of Madras Vs. V. P. S. A. Narayana Nadar and Company | year." Items 31, 32 and 33 of the First Schedule state : "Item 31. Chicory At the point of first sale in the State. 5% Item 32. Coffee, that is to say, any one of the forms of coffee such as coffee beans, coffee seeds (raw or roastde), coffee powder, but not including coffee drink. ditto 5% Item 33. French coffee (if t... | 1[ds]In our opinion, the argument on behalf of the appellant isd and must be accepted as correct. The earlier decision of the Madras High Court in S. Rathinaswamy Chettiar v. The State of Madras ([1962] 13 S.T.C. 419) requires to be reconsidered in view of the statutory provisions of the new Act, i.e., The Madras Gener... | 1 | 1,646 | 276 | ### 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:
year." Items 31, 32 and 33 of the First Schedule state : "Item 31. Chicory At the point of first sale in t... |
University Of Delhi & Anr Vs. Ram Nath | thus passed by the State Industrial Court was challenged by the Corporation before the High Court by a writ petition under Art. 226 of the Constitution. The High Court rejected the Corporations plea that its activities did not constitute an industry, but remanded the case to the Industrial Court for determining which o... | 1[ds]17. Reading the judgment as a whole, there can be no doubt that the question as to whether education work carried on by educational institutions like the University of Delhi which have been formed primarily and solely for the purpose of imparting education amount to an industry within the meaning S.2(14), was not ... | 1 | 5,835 | 622 | ### 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:
thus passed by the State Industrial Court was challenged by the Corporation before the High Court by a writ petition unde... |
Union Of India & Others Vs. Coromandel Fertilizers Limited & Anr | the previous year relevant to the next following assessment year and, if there are no such profits and gains for that assessment year, or where the deficiency exceeds such profits and gains, the whole or balance of the deficiency as the case may be, shall be set off against such profits and gains for the next following... | 0[ds]A perusal of sections 80J(3) and 15C would clearly show the difference in the scheme of the two provisions. Broadly speaking, there was no question of "carry forward" from one accounting year to the succeeding year or years the sums allowable under sectionis another vital distinction. While section 15C(4) refers t... | 0 | 3,164 | 531 | ### Instruction:
Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text.
### Input:
the previous year relevant to the next following assessment year and, if there are no such profits and gains for that ass... |
Kalipada Chakraborti And Another Vs. Palani Bala Devi And Others | but to the heirs of the last male owner. It is admitted that the second element is present in the case of succession to the rights of a female shebait. As regards the first, it is quite true that regarding the powers of alienation, a female shebait is restricted in the same manner as the male shebait, but that is becau... | 1[ds]11. The proposition is well established that the alienation of the shebaiti right by a shebait in favour of a stranger is absolutely void in Hindu Law and cannot be validated even on the footing of a custom. The alienee of the right is, therefore, a trespasser out and out and his possession as against the transfer... | 1 | 5,599 | 608 | ### 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:
but to the heirs of the last male owner. It is admitted that the second element is present in the case of su... |
Shaleen Kabra Vs. Shiwani Kabra | that the custody of the younger son should be given to the respondent-mother, as she would be in a better position to understand the needs of such a young child. On this basis, the custody of the younger son was directed to remain with the respondent.8. The learned Single Judge also recorded a finding to the effect tha... | 1[ds]14. Upon speaking to the children personally, we also found that they are indeed very much attached to each other. This fact was also noted by the learned Single Judge of the High Court in the impugned judgment, and is also admitted by both the parties in their respective written submissions. Looking to the overal... | 1 | 1,656 | 458 | ### 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:
that the custody of the younger son should be given to the respondent-mother, as she would be in a better pos... |
NGAITLANG DHAR Vs. PANNA PRAGATI INFRASTRUCTURE PRIVATE LIMITED & ORS | already discussed hereinabove, we find that the procedure adopted by the RP as well as the CoC was fair, transparent and equitable. The CoC was facing the timeline, which was to end on 24th February, 2020, before which it had to finalise its decision. In these circumstances, it cannot be said that the decision of the C... | 1[ds]26. It is thus clear that the respondent No.1-PPIPL was very much aware that the CoC has decided to finalise the proceedings by 12th February, 2020. It is also clear that though PPIPL was first called upon by the CoC to enhance the bid amount, it had specifically rejected the same. It insisted on disclosing the ba... | 1 | 4,421 | 1,382 | ### 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:
already discussed hereinabove, we find that the procedure adopted by the RP as well as the CoC was fair... |
Associated Cement Companies Limited, Kymore Vs. Commissioner Of Sales-Tax, Indore, Etc. Etc | the sales in question are interstate in nature or should be regarded as intrastate. It is seen that the Cement Marketing Company is an independent organisation and is carrying on business as an independent entity. It is also seen that what has actually been taxed are the sales effected by the appellant to the Cement Ma... | 0[ds]8. What has been found as a fact in the statement of the case is that there was preceding local sales complete in every respect within Madhya Pradesh by which title to the cement had passed from the appellant to the Marketing Company. The concept of interstate sale as brought in by the Sixth Amendment or in the su... | 0 | 1,517 | 248 | ### Instruction:
Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding.
### Input:
the sales in question are interstate in nature or should be regarded as intrastate. It is seen that the Cement Ma... |
Virendra Vs. State of Punjab & Another | exercised if it is satisfied as to the necessity for its exercise for the purposes mentioned in the section. In other words, the exercise of the power is made dependent on the subjective satisfaction of the State Government or its delegate. If the State Government or its delegate is satisfied that for the purposes of a... | 0[ds]There is and can be no dispute that the right to freedom of speech and expression carries with it the right to propagate and circulate ones views and opinions subject to reasonable restrictions. The point to be kept in view is that the several rights of freedom guaranteed to the citizens by Art. 19 (1) are exercis... | 0 | 6,885 | 2,156 | ### 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:
exercised if it is satisfied as to the necessity for its exercise for the purposes mentioned in the section. In other words,... |
NARAYAN DEORAO JAVLE (DECEASED) THROUGH LRS Vs. KRISHNA & ORS | to redeem the mortgaged property. Such a right is based on the principle that he steps in the shoes of his predecessor-in- title and has therefore the same rights which his predecessor-in-title had before the purchase. Under Section 59-A of the Act also all persons who derive title from the mortgagor are included in th... | 1[ds]11. The plaintiff has purchased property vide registered sale deed on 18.5.1964, much before the filing of the suit for foreclosure in the year 1965. The possession of the plaintiff was recorded in the revenue record after the purchase of the property, but still, the mortgagee chose not to implead the subsequent p... | 1 | 5,793 | 2,859 | ### Instruction:
Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding.
### Input:
to redeem the mortgaged property. Such a right is based on the principle that he steps in the shoes of his predec... |
JIGNESH SHAH Vs. UNION OF INDIA | Assurance Society, Re [LR (1869) 9 Eq 122] ; V.V. Krishna Iyer & Sons v. New Era Mfg. Co. Ltd. [(1965) 35 Comp Cas 410 : (1965) 1 Comp LJ 179 (Ker)])? This passage is in the context of an order under 433(e) of the Companies Act, 1956 being discretionary, which is referred to in the preceding paragraph 25. As stated her... | 1[ds]10. This judgment clinches the issue in favour of the Petitioner/Appellant. With the introduction of Section 238A into the Code, the provisions of the Limitation Act apply to applications made under the Code. Winding up petitions filed before the Code came into force are now converted into petitions filed under th... | 1 | 12,051 | 2,698 | ### 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:
Assurance Society, Re [LR (1869) 9 Eq 122] ; V.V. Krishna Iyer & Sons v. New Era Mfg. Co. Ltd. [(1965) 35 Comp Ca... |
M/S. Bhaskar Industries Ltd Vs. M/S. Bhiwani Denim & Apparels Ltd. | reference to Section 273 of the Code is useful. It says that except as otherwise expressly provided, all evidence taken in the course of the trial or other proceedings shall be taken in the presence of the accused or, when his personal attendance is dispensed with, in the presence of his pleader. If a court feels that ... | 1[ds]The feasible test is whether by upholding the objections raised by a party, it would result in culminating the proceedings, if so any order passed on such objections would not be merely interlocutory in nature as envisaged in Section 397(2) of the Code. In the present case, if the objections raised by the appellan... | 1 | 2,964 | 328 | ### 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:
reference to Section 273 of the Code is useful. It says that except as otherwise expressly provided, all evidence taken in ... |
Sadhu Singh Vs. Delhi Administration | action unless he has reasonable ground for believing something he can only arrive at that belief by a course of conduct analogous to the judicial process. And yet unless that proposition is valid, there is really no ground for holding that the controller is acting judicially or quasi judicially when he acts under this ... | 0[ds]16. I am not concerned in this case with the validity of the criticism by Lord Reid of the two decisions. It is sufficient to state for the purpose of this case that there is no principle or binding authority in support of the view that wherever a public authority is invested with power to make a order which preju... | 0 | 4,754 | 563 | ### 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:
action unless he has reasonable ground for believing something he can only arrive at that belief by a course of conduct an... |
N. V. Narendranath Vs. Commissioner Of Wealth Tax, Andhra Pradesh,Hyderabad | or before a son is adopted, for the share which is taken at a partition by one of the coparceners is taken by him as representing his branch. Again the ownership of the dividing coparcener is such that female members of the family may have a right to maintenance out of it and in some circumstances to a charge for maint... | 1[ds]4. Under Section 3 of the Wealth Tax Act not a Hindu coparcenery but a Hindu Undivided Family is one of the assessable legal entities. A Hindu joint family consists of all persons lineally descended from a common ancestor, and includes their wives and unmarried daughters. A Hindu coparcenery is a much narrower bod... | 1 | 4,786 | 1,140 | ### 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:
or before a son is adopted, for the share which is taken at a partition by one of the coparceners is taken by him as repres... |
Pioneer Paper Box Factory Vs. Smt. Thakurdevi Shriniwas | High Court of Bombay dismissing the appellant defendant tenants application for revision in a decree for eviction of the defendant. 2. The appellant was tenant of the respondent. On 28 April, 1954 the appellant filed an application under section 11 of the Bombay Rent Act for fixation of standard rent. During the penden... | 0[ds]7. The High Court rightly rejected the contention for two reasons. First, though a formal order as to costs was not made, yet the trial court had made an order directing the appellant to pay the amount of costs and the appellant did not pay the costs. Secondly, the appellant stated before the trial court that the ... | 0 | 1,112 | 400 | ### 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:
High Court of Bombay dismissing the appellant defendant tenants application for revision in a decree for eviction of the d... |
Indian Airlines Ltd Vs. Samaresh Bhowmick | G.T. Nanavati, J. Leave granted. 2. The appellant, a statutory corporation, after advertisement and selection, prepared a list of selected persons for appointment to the post of Helpers. The select list was valid upto 15th July, 1994. The names of 74 writ petitioners, respondents herein, were included in the select lis... | 1[ds]9. We are of the considered opinion that the impugned judgment of the Division Bench of the High Court is not sustainable inasmuch as High Court could not have overlooked the scheme. However, we are of the opinion that respondents having been selected in the test earlier should be given preference in the matter of... | 1 | 805 | 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:
G.T. Nanavati, J. Leave granted. 2. The appellant, a statutory corporation, after advertisement and selection, pr... |
G. R. Luthra, Additional District Judge, Delhi Vs. Lt. Governor, Delhi & Ors | the Delhi Higher Judicial Service it appears that the respondents and the appellant were all rendering service as Additional District and Sessions Judge. The fallacy of the appellant is that the appellant wants to equate cadre with substantive appointment to a permanent post. This construction totally overlooks the fac... | 0[ds]27. In Fundamental Rule 9 (22) "permanent post means a post carrying a definite rate of pay sanctioned without limit of time. Fundamental Rule 9 (30) defines "temporary post as a post carrying a definite rate of pay sanctioned for a limited time. Temporary posts may be posts created to perform the ordinary work fo... | 0 | 2,432 | 681 | ### Instruction:
Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences.
### Input:
the Delhi Higher Judicial Service it appears that the respondents and the appellant were all rendering service as Addition... |
Pradeep Narayan Madgaonkar and Others Vs. State of Maharashtra | given my fake address to the police at the instance of PW 2". After the raid, he had left Bombay and settled at Raipur. He admitted that neither his mother nor any other relative knew his whereabouts and that except Ramaji PW 2, he had not left his Raipur address with anyone else and that it was Ramaji PW 2 who had giv... | 1[ds]7. Admittedly, both PW 2 and PW 5 are not the witnesses from the locality where the search was being conducted. Explaining the reason for their presence near the place of search, PW 2 stated that he along with his friend Tushar Niar PW 5, had gone to Building No. 92 at Tilak Nagar to meet one of the friends of Tus... | 1 | 3,585 | 2,434 | ### 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:
given my fake address to the police at the instance of PW 2". After the raid, he had left Bombay and settled... |
Hindustan Aeronautics Limited Vs. State Of Karnataka | in supplying these spare parts and material, the contractor would be free to procure or obtain these spares and materials either by manufacturing or by purchase from the market local or foreign, these goods to be identified and would be treated by the operation of the contract to be the goods of the owner of the planes... | 1[ds]13. It is well settled that the different between contract of service and contract for sale of goods, is, that in the former, there is in the persons performing work or rendering service no property in the things produced as a whole notwithstanding that a part or even the whole of materials used by him had been hi... | 1 | 7,139 | 1,731 | ### 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:
in supplying these spare parts and material, the contractor would be free to procure or obtain these spares and m... |
Jit Ram Shiv Kumar and Others Etc Vs. State of Haryana and Another Etc | acting in discharge of its duty under the law. The Government would not be bound by the act of its officers and agents who act beyond the scope of their authority and a person dealing with the agent of the Government must be held to have notice of the limitations of his authority. The Court can enforce compliance by a ... | 0[ds]It is admitted that the State Government is empowered under S.62Ato require the Municipal Committee to impose octroi Duty and under. (3) if the Committee fails to carry out the order of the Government, the State Government may impose octroi Duty. Under S. 70(2) (c), a Municipal Committee by a resolution passed at ... | 0 | 16,587 | 3,687 | ### 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:
acting in discharge of its duty under the law. The Government would not be bound by the act of its officers and agents who ... |
SUZUKI PARASRAMPURIA SUITINGS PVT. LTD Vs. THE OFFICIAL LIQUIDATOR OF MAHENDRA PETROCHEMICALS LTD (IN LIQUIDATION) AND ORS | from the provisions of Section 130 of the Transfer of Property Act. Therefore, the Company Judge opined that Section 130 of the Transfer of the Property Act was not applicable in the facts of the case leaving it open for the parties to take all available contentions before the appropriate court/forum in appropriate pro... | 0[ds]8. We have considered the submissions on behalf of the parties.That the unregistered MOU was without permission of the BIFR, it was not disclosed to the Company Court till the winding-up order was passed on 19.04.2010, the assignment of debt of Rs.160 crores by IFCI for Rs.85 lacs are admitted facts.The order date... | 0 | 2,170 | 498 | ### 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:
from the provisions of Section 130 of the Transfer of Property Act. Therefore, the Company Judge opined... |
J. V. Gokal & Co. (Private) Ltd Vs. The Assistant Collector, Of Sales-Tax(Inspection) And Othe | observe or perform any provisions of the contract, to terminate the contract forthwith. Clause 11 under the heading "Force Majeure" confers on the Government, in case delivery in whole or in part is prevented or delayed directly or indirectly by any cause of Force Majeure, was strikes, rebellion, insurrection, politica... | 1[ds]9. What does the phrase "in the course of the import of the goods into the territory of India" convey? The crucial words of the phrase are "import" and "in the course of". The term "import", signifies etymologically "to bring in". To import goods into the territory of India therefore means to bring into the territ... | 1 | 5,289 | 2,914 | ### 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:
observe or perform any provisions of the contract, to terminate the contract forthwith. Clause 11... |
Joint District Registrar (Class-I) and Collector of Stamps, Nagpur and Another Vs. M/S Jaika Automobiles Private Limited, Nagpur | interpretation of Section 4. The Appellants contended that all three documents i.e. the two hypothecation agreements and the Security-cum-Mortgage deed were executed on the same date i.e. 23.08.2002 and therefore, the presence of the word collateral in Article 40(c) ought to have been understood in the context of any d... | 0[ds]9. From the above Clause appearing in the Security-cumMortgage deed between the Respondent-Company and United Commercial Bank it is clear that the Respondent -Company had specifically deemed that the two hypothecation agreements would be the principal instruments in consonance with the provisions of Section 4 (2) ... | 0 | 2,292 | 329 | ### 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:
interpretation of Section 4. The Appellants contended that all three documents i.e. the two hypothecation agr... |
World College Of Medical Sciences And Research And Hospital Vs. Union Of India | follow the course adopted in the case of Shri Venkateshwara University through its Registrar and Another v. Union of India and Another, Writ Petition (C) No. 445 of 2017, decided on 1st September, 2017. and Krishna Mohan Medical College and Hospital & Anr. v. Union of India and Another, Writ Petition (C) No. 448 of 201... | 1[ds]10. Having considered the rival submissions, we are in agreement with the petitioners that the Competent Authority has once again failed to consider the relevant matters in the spirit of the direction given by this Court on 1st August, 2017. It has mechanically adverted to the recommendation of the Hearing Committ... | 1 | 4,608 | 1,019 | ### 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:
follow the course adopted in the case of Shri Venkateshwara University through its Registrar and Another v. U... |
Madhavi Kerkar Vs. Assistant Commissioner of Income Tax | M.S. Sanklecha, J.1. At the request of the counsel, this Petition is being finally disposed of at the stage of admission.2. This Petition is under Article 226of the Constitution of India challenges the order dated 31st December 2015 passed by the Assistant Commissioner of Income Tax under section 179(1) of the Income T... | 0[ds]7. Therefore, the Revenue would acquire/get jurisdiction to proceed against the directors of the delinquent Private Limited Company only after it has failed to recover its dues from the Private Limited Company, in which the Petitioner is a director. This is a condition precedent for the Assessing Officer to exerci... | 0 | 996 | 449 | ### 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:
M.S. Sanklecha, J.1. At the request of the counsel, this Petition is being finally disposed of at the stage of admission.2... |
ALEEMUDDIN Vs. STATE OF UTTAR PRADESH | Dr. Dhananjay A.Y. Chandrachud, J. 1. Leave granted. A petition was filed purportedly in public interest before the Allahabad High Court by the fifth respondent. In his petition, the fifth respondent sought a direction to the State Government to establish a new tehsil building for Tehsil Hasanpur at Village Karanpur Ma... | 1[ds]7. The submission of the State makes it patently clear that the State Government had taken a decision that instead of transferring the Tehsil building to a new location, it should be reconstructed at the place of the old Tehsil building. The implementation of this administrative decision was preempted by the direc... | 1 | 1,014 | 275 | ### 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:
Dr. Dhananjay A.Y. Chandrachud, J. 1. Leave granted. A petition was filed purportedly in public interest bef... |
Mathura Prasad Vs. Commissioner of Income Tax, Uttar Pradesh | that if the manager was appointed a managing director as representing the Hindu undivided family, the income received would be taxable as the income of the Hindu undivided family. It was observed at page 130" The articles of association of the company provided for the appoint ment as managing director of the very perso... | 0[ds]It was conceded before the Tribunal that Mathura Prasad, the manager of the Hindu undivided family, had entered into a partnership as representing the Hindu undivided family of which be was the manager and for the benefit of the family. There is also no dispute that in the firm of Badri Prasad Jagan Prasad the ass... | 0 | 2,504 | 575 | ### 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:
that if the manager was appointed a managing director as representing the Hindu undivided family, the income recei... |
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