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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M/s. Shree Gopal Industries Limited Vs. State of Rajasthan and Another | of Revenue refused to submit that question on the ground that question is covered by a decision of the Division Bench. The High Court as mentioned earlier rejected it on the ground that turnover in question comes within the definition of "business" in Cl. (c) of Section 2 of the Act.5. The expression "turnover" is defi... | 1[ds]We are mentioning this fact to show that in interpreting the words "any transaction in connection with, of incidental or ancillary to, such trade, commerce, manufacture, adventure or concern", the Madras High Court has accepted the contention of the assessee. Therefore in our view the High Court of Rajasthan was i... | 1 | 1,721 | 251 | ### 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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of Revenue refused to submit that question on the ground that question is covered by a decision o... |
VIVEK MUDGIL Vs. STATE OF U.P | The learned Single Judge, by recording a finding that the appointment could not be protected under Article 226 of the Constitution of India, rejected the petitions. 6. Said order was challenged by way of Special Appeal being S.A.Nos.189 and 190 of 2015 mainly on the ground that possession of 10 years of experience cann... | 0[ds]11. It is clear from the aforesaid order that there was no direction at all to consider for grant of exemption. By all fairness, when the matter is seized before this Court C.A.@es should not have passed any order granting exemption in favour of the appellant. In any event, from the perusal of the order, it is cle... | 0 | 1,747 | 321 | ### Instruction:
Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document.
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The learned Single Judge, by recording a finding that the appointment could not be protected unde... |
Beti Padia Vs. State of Orissa | BAHARUL ISLAM, J.1. This appeal by special leave is directed against the judgment of the Orissa High Court convicting the appellant under Section 302 and sentencing her to undergo imprisonment for life. The co-accused Kunja Ulla was acquitted. The acquittal of Kunja Ulla was maintained by the High Court2. The material ... | 1[ds]7. The High Court has carefully considered the direct evidence on P.W. 1 and P.W. 2. In addition it has also considered theconfession made by the appellant before P.Ws. 1, 4, 6 and 7 and the circumstantial evidence afforded by the material objects seized by the Investigating Officer. The High Court has not accepte... | 1 | 917 | 270 | ### Instruction:
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BAHARUL ISLAM, J.1. This appeal by special leave is directed against the judgment of the Orissa High Court... |
Sangrur Sales Corporation Vs. United India Insurance Company Limited & Anr | annum from the date of the institution of the complaint. The order of the District Forum was upheld by the State Consumer Disputes Redressal Commission (SCDRC) , Punjab on 5 May 2016. However, in a revision filed by the insurer, the NCDRC reversed the order awarding the claim. 5. Notice was issued in the present procee... | 1[ds]8. Clause VIII brings within the purview of the insured perils a loss, destruction or damage directly caused by subsidence of a part of the site on which the property stands or a land slide/rock slide, but excludes, what is stipulated in sub-clauses (a) to (e) thereafter. The exclusion in subclause (a) refers to t... | 1 | 1,334 | 475 | ### Instruction:
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annum from the date of the institution of the complaint. The order of the District Forum was upheld by the St... |
Brij Kishore Prasad Singh & Others Vs. Jaleshwar Prasad Singh & Others | plaint property had vested in the Government and, therefore, the plaintiffs were incompetent to maintain the suit.7. As regards the first question, the High Court was of the view that, though none of the parties to the compromise had produced the necessary stamp paper as directed by the Court and no formal decree was d... | 1[ds]10. Before the compromise, Kishundeo Singh and the defendants were in possession asactual possession of the defendants, of the plaint property, was also the constructive possession of Kishundeo Singh. So, when the lower appellate Court said that the defendants continued in possession as before, it can only mean th... | 1 | 1,587 | 592 | ### Instruction:
Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages.
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plaint property had vested in the Government and, therefore, the plaintiffs were incompetent to maintain t... |
M/S.Sunny Inds.Pvt.Ltd Vs. Collector Of Central Excise, Calcutta | the Drug Control Act. After detailed scrutiny of the documents filed by the appellant and the contentions raised by the parties, the Tribunal arrived at the conclusion that the classification done by the authorities below under sub-heading 3304.00 is correct and the product in question is clearly a massage oil, intende... | 0[ds]12. Hence, in our view after verification of the entire evidence and the certificates produced on record as well as the report of the Chemical Analyser the Tribunal rightly arrived at the conclusion that the product in question is oil used for massage and would be covered by heading 33.04. Similar contention was r... | 0 | 1,601 | 412 | ### Instruction:
First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document.
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the Drug Control Act. After detailed scrutiny of the documents filed by the appellant and the contentions raised by the par... |
Himatrao Vs. Jaikishandas And Ors | civil suit No. 43 of 1925. According to him, however, it is only these fields that were sold in execution and not his share in the Izara itself. However, the sale certificates and receipts for possession mention not only these 7 fields but also Basantraos one anna 3 pies share in the village. His contention which was a... | 1[ds]It is no doubt true that so far as the proprietary interest in the village is concerned the whole of it has now been acquired by the State and vests in it. But under the provisions of the Act compensation is payable to the ex-proprietors by virtue of the provisions of the Act. This proprietary interest is analogou... | 1 | 2,349 | 732 | ### Instruction:
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civil suit No. 43 of 1925. According to him, however, it is only these fields that were sold in execution and... |
Municipal Committee, Akot Vs. Manilal Manekji Pvt. Ltd. And Another | imposing special burdens on, municipal services, imposed under Cl. (ii) of sub-s. (1) of S. 128 of the United Provinces Municipalities Act, 1916.4. The tax on persons exercising any profession or art, or carrying on any trade or calling, within the limits of the municipality, imposed under Cl. (b) of sub-s. (1) of S. 6... | 0[ds]10. In our opinion the High Court came to the correct conclusion. First, Item No. 4 is an exemption from the limitation imposed by S. 2 of the Professions Tax Limitation Act, 1941, and the exemption must be construed strictly. Secondly, the effect of S. 3 and Item 4 of the Schedule is to continue the liviability o... | 0 | 3,152 | 614 | ### 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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imposing special burdens on, municipal services, imposed under Cl. (ii) of sub-s. (1) of S. 128 o... |
Sunil S/O Shyamlal Kewat (In Jail) Vs. The State of Maharashtra, Thr. P.S.O. P.S. Yashodhara Nagar, Nagpur | upon him by Section 106 of the Evidence Act. In a case resting on circumstantial evidence if the accused fails to offer a reasonable explanation in discharge of the burden placed on him, that itself provides an additional link in the chain of circumstances proved against him. Section 106 does not shift the burden of pr... | 0[ds]As such, from his evidence it is to be noted that dead body of deceased was found in the morning on 20.4.2015, at 7.00 a.m. Nothing is brought on record to doubt his evidence in his cross-examination. He has denied suggestion put to him that, in the night of incident, he had not seen appellant talking to deceased ... | 0 | 4,373 | 1,629 | ### Instruction:
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upon him by Section 106 of the Evidence Act. In a case resting on circumstantial evidence if the accused fails to offer a r... |
Karnataka Small Scale Industries Development Corporation Ltd Vs. Commissioner of Income Tax, Bangalore | per cent, of its book profit... This measure will yield a revenue gain of approximately Rs. 75 crores.16. In addition, a contemporaneous exposition of the purport of section 115J is contained in Circular No. 495 dated 22nd September 1987 issued by the Central Board of Direct Taxes [Reported in 168 ITR (St.) p.87 at pag... | 0[ds]13. The first stage referred to above envisages computation of income under the Act, that is, after taking into consideration all deductions allowable under the Act. It is only after the deductions are given effect to, and if the resultant income is less than 30 per cent of the book profit, that the assessees tota... | 0 | 3,641 | 739 | ### 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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per cent, of its book profit... This measure will yield a revenue gain of approximately Rs. 75 crores.16. I... |
Shamrao Vishnu Parulekar Vs. The District Magistrate, Thana(And Connected Petition) | sense from that which it bears in another part of an Act. (Statute Law, Edn.5, P.159). And Maxwell, on whose statement of the law the petitioners rely. observes further on:"But the presumption is not of much weight. The same word may be used in different senses in the same statute, and even in the same section." (Inter... | 0[ds]communication further states that it is not in the public interests to disclose further facts. Reading the communication as whole, we are of opinion that it is sufficiently definite to apprise the petitioners of what they were charged with and to enable them to give their explanation therefor. That was the view ta... | 0 | 2,924 | 452 | ### Instruction:
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sense from that which it bears in another part of an Act. (Statute Law, Edn.5, P.159). And Maxwell, o... |
In Re: Vs. Cadbury India Limited | general principles of universal application in such matters. 7.1.1. Section 100 requires three things: that (1) the Articles of Association of the company must permit such a reduction of share capital; (2) the scheme for reduction must be approved as a special resolution, i.e., at an extraordinary general meeting calle... | 1[ds]It seems to me logical to first consider the settled law on the appropriate judicial approach in such cases. It is only if the objectors fall within those well-defined parameters that their objections can be considered. It is not any and every objection, irrespective of whether it has any basis in fact or justific... | 1 | 18,476 | 8,389 | ### 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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general principles of universal application in such matters. 7.1.1. Section 100 requires three things: that (1) t... |
Hazarat Pirmahomed Shah Saheb Roza Committee Vs. Commissioner of Income Tax, Gujarat | doctrine, all Muslims, whether Murids or non-Murids, had unrestricted access to the Roza and the mosque. It was further held that the income of the Roza properties after payment of municipal taxes, insurance premia, etc., was utilised for maintenance of the Roza and the mosque and the observance of the festive occasion... | 1[ds]In the present case, we think that there was no warrant for the High Court to interfere with the finding of the Appellate Tribunal that the purpose of the wakf was wholly religious and the maintenance of madrassas and library fromonwards was not the original purpose for which the properties were gifted by the Muri... | 1 | 2,941 | 446 | ### Instruction:
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doctrine, all Muslims, whether Murids or non-Murids, had unrestricted access to the Roza and the mosque. It was further he... |
Gwalior Rayons Silk Manufacturing (Wvg) Company Limited Vs. Custodian of Vested Forests, Palghat and Another | Act, 1949 (the MPPF Act) applied immediately before the appointed day; the second concerned is in relation to the remaining areas in the State of Kerala. The definition of private forest as is applicable to the Malabar district is not general in terms but limited to the areas and lands to which the MPPF Act applied and... | 0[ds]13. Look at the definition. Sub-clause (A) refers to gardens or nilams as defined in the KLR Act.Garden means lands used principally for growing coconut trees, arecanut trees or pepper vines or any two or more of the same.Nilam means lands adapted for the cultivation of paddy. Sub-clause (B) deals with what may be... | 0 | 2,990 | 614 | ### 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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Act, 1949 (the MPPF Act) applied immediately before the appointed day; the second concerned is in relation to the remainin... |
Indian Drugs&Pharmaceuticals Ltd. Vs. R.K.Shewaramani | notice, the respondent had been served minutes of charge sheets dated 27.9.1989 and 12.12.1989 of the proceedings held on 30.7.1990. He was also asked to attend enquiry on certain dates. The High Court, therefore, held that the impugned order cannot be said to have been passed bona fide. Rule 30(A) of the Rules had no ... | 1[ds]9. At this juncture, it is to be noted that the validity of a Rule similar to Rule 30(A) was considered by this Court in Pyare Lal Sharma v. Managing Director and Ors. (1989(3) SCC 448). In that case after having held that the concerned rule was intra-vires, on the facts of the case it was held the amended rule co... | 1 | 1,743 | 546 | ### Instruction:
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notice, the respondent had been served minutes of charge sheets dated 27.9.1989 and 12.12.1989 of the proceed... |
Jayamma Vs. Maria Bai Dead by Proposed Lrs. & Another | In Sangappa Klyanappa Bangi (supra), whereupon Mr. Bhat placed strong reliance, a Division Bench of this Court held: "...We have to read Section 21 with Section 24 to understand the full purport of the provisions. Section 24 is enacted only for the purpose of making it clear that the tenancy continues notwithstanding t... | 0[ds]16. We would discuss the construction of the provision of Section 61 of the said Act, a little later, but we have no hesitation on holding that in the event if it be held that the testator could not have executed the Will in favour of a person who could not be declared to be a tenant having occupancy right such a ... | 0 | 3,306 | 282 | ### Instruction:
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In Sangappa Klyanappa Bangi (supra), whereupon Mr. Bhat placed strong reliance, a Division Bench of this Cou... |
Anand Agro Chemical India Ltd Vs. Suresh Chandra & Others | 1. Taken on board.2. This petition is directed against order dated 26.04.2013 of the Division Bench of the Allahabad High Court, the operative portion of which reads as under:"In the special facts and circumstances of the case, we direct the District Magistrate, Hathras to take immediate action against the Directors an... | 0[ds]4. A reading of the order under challenge shows that the petitioner has not paid Rs. 16.12 crores to the farmers for the crushing year0, which includes the price of sugarcane, the cane development commission and the interest. It is also borne out from the record that vide letter dated 24.11.2012, the Director of t... | 0 | 340 | 308 | ### Instruction:
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1. Taken on board.2. This petition is directed against order dated 26.04.2013 of the Division Bench of ... |
Rajkumari Kaushalya Devi Vs. Bawa Pritma Singh And Another | as an unsecured creditor in relation to the debt, in which case the provisions of the Act would apply accordingly. It was urged that this sub-section requires that a creditor must make an election before he can take the benefit of this Act. We are of opinion that this argument has no force, for sub-s. (5) of S. 16 only... | 0[ds]We are of opinion that there is no force in this contention.The words "pecuniary liability" will cover any liability which is of a monetary nature. Now the definition of a mortgage in S. 58 of the Transfer of Property Act, No. 4 of 1882, shows that though it is the transfer of an interest in specific immovable pro... | 0 | 2,969 | 1,764 | ### 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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as an unsecured creditor in relation to the debt, in which case the provisions of the Act would apply accordingly. It was ur... |
Patel Natwarlal Rupji Vs. Shri Kondh Group Kheti Vishayak and another | Judges had held that Section 53-A is meant only to bring out a bar against the enforcement of a right by a lessor in respect of the property of which the lessee had already taken possession but does not give any right to the lessee to claim possession or to claim any other right on the basis of an unregistered lease. S... | 0[ds]of the Act provides that were any person contracts to transfer for consideration any immovable property by writing signed by him or on his behalf which constitutes transfer, and the transferee has, in part performance of the contract, taken possession of the property of the transferor, the transferee being already... | 0 | 2,607 | 1,258 | ### Instruction:
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Judges had held that Section 53-A is meant only to bring out a bar against the enforcement of a right by a lessor in respe... |
Aad Lal Vs. Kanshi Ram | two provisos to the sub-section, but they are obviously not applicable to the controversy before us. It was therefore necessary, for the purpose of establishing the corrupt practice of "under influence", to prove that there was any direct or indirect interference or attempt to interfere with the exercise of any elector... | 0[ds]He has further stated that he had scored off the Gurmukhi equivalent of the words "solemn affirmation" from the certificate (Ex. PW 1/1A immediately after the oath was administered to the respondent but that portion was not scored off from the oath form Ex. PW 1/1 because of rush of work. The statement of the Retu... | 0 | 3,052 | 758 | ### Instruction:
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two provisos to the sub-section, but they are obviously not applicable to the controversy before us. It wa... |
Girish Raghunath Mehta Vs. Inspector Of Customs | joined while recording the statement. The appellant was in custody at the time of recording the statement. The statement was not voluntary. Its contents were not read over to him. A-2 was also in custody and his statement was also not voluntary. Statement of co-accused could not be taken as substantive evidence. The sa... | 0[ds]The prosecution version is based not only on the statement under Section 67 but also on the evidence of recovery of the contraband immediately after sale and the circumstances showing that the contraband was sold by the appellant to the co-accused, without any authorization. Thus, we do not find any ground to inte... | 0 | 2,146 | 70 | ### Instruction:
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joined while recording the statement. The appellant was in custody at the time of recording the statement. The statement w... |
Baselius Mar Thoma Mathews and Others Vs. Paulose Mar Athanasius Others | making some submissions, counsel withdrew that petition when we indicated our reaction. Another petition had been filed under Section 24(1)(b) of the Code for withdrawal of the suits to the file of the High Court, which was heard by another Judge of the High Court (Mr. Justice Khalid). The learned Judge dismissed that ... | 1[ds]We do not for a moment countenance the suggestion that the district judge is not equal to the legal instricacies or factual challenges of these or other cases, the procedural law having vested him with unlimited jurisdiction and the High Court having committed these cases to his seisin. Hints of bias are also out ... | 1 | 1,458 | 296 | ### 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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making some submissions, counsel withdrew that petition when we indicated our reaction. Another petition ha... |
Shibji Khestshi Thacker Vs. Commissioners Of Dhanbad Municipality And Ors | to (g) of sub-section (1). Two of such ways, as provided in clauses (c) and (e), are as under:-"(c) By enhancing the valuation of, or assessment on, any holding, which has been incorrectly valued or assessed by reason of fraud, misrepresentation or mistake.""(e) Where the percentage on the annual value at which any tax... | 0[ds]Having perused the various relevant provisions referred to by Mr. Niren De, we are of opinion that under the scheme of the Act, the old assessment does not come to an end in respect of a holding the moment new valuation and assessment lists are ordered to be prepared by the Commissioners of the Municipality; nor i... | 0 | 3,080 | 713 | ### 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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to (g) of sub-section (1). Two of such ways, as provided in clauses (c) and (e), are as under:-"(c) By enhanc... |
Satish Shetty Vs. State Of Karnataka | of the Evidence Act which permits raising of presumption as to abetment to suicide by a married woman. Such a statutory presumption though discretionary, may be presumed by the Court in appropriate cases where the question of abetment of suicide by a woman is under consideration in respect of her husband or any of his ... | 0[ds]The High Court was aware of such legal principle and keeping the same in mind, it has discussed the evidence for coming to a conclusion that the findings of the trial court leading to acquittal were fully unwarranted and it is not a case where two views are possible. Hence the High Court proceeded to convict the a... | 0 | 4,622 | 366 | ### 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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of the Evidence Act which permits raising of presumption as to abetment to suicide by a married woman. Such a stat... |
Reserve Bank of India Vs. Jayantilal N. Mistry & Anr | by the RBI. We make it clear that all questions raised in the Writ Petitions are left open and the order we propose to pass in the miscellaneous applications will not have any bearing on the consideration of the Writ Petitions on their own merits. 6. The main contention of the Applicants for recall of the judgment in J... | 1[ds]We make it clear that all questions raised in the Writ Petitions are left open and the order we propose to pass in the miscellaneous applications will not have any bearing on theconsideration of the Writ Petitions on their own merits.8. Order XLVII of the Supreme Court Rules, 2013 provides for the remedy of filing... | 1 | 1,796 | 405 | ### Instruction:
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by the RBI. We make it clear that all questions raised in the Writ Petitions are left open and the order we propose to pass ... |
Kumar Harish Chandra Singh Das & Ors Vs. Bansidhar Mohanty And Ors | decisions of the High Courts in India. These are Peary Mohan Maiti v. Sreenath Chandra, 14 Cal WN 1046; Sarur Jag Begum v. Baroda Kanta, ILR 37 Cal 525 and Gomathi Ammal v. V. S. M. Krishna Iyer, AIR 1954 Mad 126 . In all these cases it has been held that a party to a document which is required by law to be attested is... | 0[ds]4. In our opinion there is no substance in either of the contentions urged on behalf of the appellant. It is no doubt true that there were only two attesting witnesses to the mortgage deed, one of whom was respondent No. 1, that is, the lender himself. Section 59 of the Transfer of Property Act, which amongst othe... | 0 | 1,861 | 1,428 | ### Instruction:
Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages.
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decisions of the High Courts in India. These are Peary Mohan Maiti v. Sreenath Chandra, 14 Cal WN 1046; Sa... |
B.S. Bharti Vs. I.B.P. Company Ltd | by the said Act.(3) Similarly, where the dispute involves the recognition, observance or enforcement of rights and obligations created by enactments like Industrial Employment (Standing Orders) Act, 1946 - which can be called "sister enactments" to Industrial Disputes Act - and which do not provide a forum for resoluti... | 0[ds]9. Based on the above observations of the Court, the learned counsel submitted that the principle of relief enunciated in the said paragraph of the judgment of this Court ought to have been extended to him and the relief granted by the Trial Court ought to have been affirmed. It is also be noted in this context th... | 0 | 1,876 | 216 | ### Instruction:
Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages.
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by the said Act.(3) Similarly, where the dispute involves the recognition, observance or enforcement of ri... |
Sadhu Ram Vs. The Custodian-General Of Evacueeproperty | Jagannadhadas, J.1. This is an application under Art.32 of the Constitution which arises under the following circumstances. The petitioner, Sadhu Ram purchased from one Imam-ud-Din, a muslim evacuee, 43 Bighas 14 Biswas of agricultural land comprised in Khasra Nos. 2135 to 2139, 2158, 2159,2171,2204 and 2206 with Shaml... | 0[ds]Whethever may have been the position if this matter had to be dealth with much earlier, it seems doubtful whether any such contention can be raised by the petitioner before us, on this date, in view of the recent Constitution (Fourth Amendment) Act, 1955, which has come into force onIt is unnecessary, however, to ... | 0 | 1,010 | 381 | ### Instruction:
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Jagannadhadas, J.1. This is an application under Art.32 of the Constitution which arises under the following... |
Bharat Coking Coal Ltd. and Ors Vs. Chhota Birsa Uranw | as laid down by Implementation Instruction No. 76 to determine the date of birth of an existing employee. The provisions of which read as follows: (B) Review determination of date of birth in respect of existing employees. (i)(a) In the case of the existing employees Matriculation Certificate of (sic: or) Higher Second... | 0[ds]13. We give due regard to the sensitive nature of date of birth disputes and fully agree with the approach laid down in R. Kirubakaran Case (supra). However, with an aim to prevent the cascading inconveniences caused by a change of date of birth, a wronged employee should not be denied of his rights especially whe... | 0 | 5,499 | 556 | ### Instruction:
First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document.
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as laid down by Implementation Instruction No. 76 to determine the date of birth of an existing employee. The provisions of... |
Lt Col Vivek Singh Vs. Romani Singh | working and earning a good salary and after school hours has ample time to spend with the child. In these circumstances, impugned order is set aside and the request of the appellant for the grant of custody of the said child to her being natural mother is allowed and the appellant is also appointed as guardian of her c... | 1[ds]14. In the instant case, the factors which weigh in favour of the appellant are that child Saesha is living with him from tender age of 21 months. She is happy in his company. In fact, her desire is to continue to live with the appellant. Normally, these considerations would have prevailed upon us to hold that cus... | 1 | 6,192 | 1,949 | ### 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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working and earning a good salary and after school hours has ample time to spend with the child. In these ci... |
Joshi Girjadharji And Another Vs. Lachmanji Panth And Others | and (3) that that decree was passed before the commencement of this Act. That the judgment-debtors applicants were agriculturists at the date when Suit No. 33 of 1938 was filed and also in 1942 when the application under S. 8 was made is conceded by Sri G. N. Kunzru. The decree in that suit was passed on March 31, 1939... | 0[ds]10. It is clear from the wording of the sub-section that there are three prerequisites for exercise of the right conferred by it, namely, (1) that the application must be by an agriculturist and (2) that that agriculturist must be liable to pay the amount due under a decree to which this Act applies and (3) that t... | 0 | 3,214 | 644 | ### Instruction:
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### Input:
and (3) that that decree was passed before the commencement of this Act. That the judgment-debtors appl... |
Arjun Prasad (dead) through his legal representatives smt. Madhukabhasini Devi & Others Vs. Shantilal Shankarlal Sha & Others | or arrangement shall, if sanctioned by the Court, be binding on all the creditors or the class of creditors, or on all members or class of members, as the case may be, and also on the company, or in the case of a company in the course of being wound up, on the liquidator and contributories of the Company." 8. The agree... | 0[ds]It is true that under the General Clauses Act, 1897, a company is a "person" so that whenever the word "person" is used in any statute a company would be included thereunder. The definition in the General Clauses Act can however be of no assistance in interpreting the words "to be present in person", and the diffi... | 0 | 2,567 | 909 | ### 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:
or arrangement shall, if sanctioned by the Court, be binding on all the creditors or the class of creditors, or on all me... |
M/s. Videocon Industries Ltd. & Another Vs. State of Maharashtra & Others | is as follows:- "However, in a case like the present one in which the penalty proceeding under Section 51 of the Act and the prosecution under Section 56 of the Act though launched together but the penalty proceeding culminated earlier exonerating the person, the question would arise as to whether continuance of the pr... | 1[ds]14. It is obligatory to note at the outset that the findings recorded and the conclusions arrived at by the tribunal are founded on analysis of statutory provisions, the applicability of the letters issued by the Reserve Bank of India and the nature of transaction carried out between the parties. It is beyond any ... | 1 | 3,677 | 712 | ### Instruction:
Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case.
### Input:
is as follows:- "However, in a case like the present one in which the penalty proceeding under Section 51 of... |
Commissioner Of Income Tax, Cochin Vs. M/S. Travancore Cochin | was not permissible for them to claim in future Assessment Year (1992-93). It was without any legal basis. 8. The respondent, felt aggrieved, carried the matter in second appeal before the Tribunal. By order dated 13.09.1999, the Tribunal allowed the respondents appeal and set side the orders of assessing authority and... | 1[ds]13. Having heard the learned counsel for the parties at length and on perusal of the record of the case, we are of the view that having regard to the nature of issue involved which is a mixed question of law and fact, it would be just and proper to remand the case to the Tribunal for deciding the issue afresh on m... | 1 | 1,780 | 430 | ### 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:
was not permissible for them to claim in future Assessment Year (1992-93). It was without any legal basis. 8... |
Sobran Singh & Others Vs. State of U.P. & Others | an agreement to that effect. It is common ground that agreement executed between the guarantor -Appellant and the Respondent No. 4 -Corporation does provide for recovery of money due thereunder as arrears of land revenue. In fairness to learned Counsel for the Appellants, we must mention that there was no challenge to ... | 0[ds]5. Section 4(2)(b) does not, in our opinion, lend itself to the interpretation urged on behalf of the Appellants.It is not in dispute that the guarantors have not in the present appeals created any mortgage, charge or encumbrance in regard to their immovable property in favour of the RespondentCorporation. The bar... | 0 | 2,512 | 847 | ### Instruction:
Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text.
### Input:
an agreement to that effect. It is common ground that agreement executed between the guarantor -Appellant and the Respond... |
Abdul Rashid Vs. State of Bihar | under the Bihar and Orissa Excise Act, 1915 would be admissible in evidence in view of the judgment of this Court in Pon Adithan v. Dy. Director, Narcotics Control Bureau, Madras, and it is for this reason we have granted leave to examine this question. Undoubtedly, therefore, the two items of evidence which could be u... | 1[ds]This decision is inwith the Constitutional Bench decision in 1966 and does not in any way detract the conclusion of this Court in Raja Ram which we have already noticed. In Pon Adithan v. Deputy Director, Narcotics Control Bureau, Madras this question had not directly been in issue and the only question that was r... | 1 | 1,343 | 221 | ### 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:
under the Bihar and Orissa Excise Act, 1915 would be admissible in evidence in view of the judgment of this Court... |
Balak Singh Vs. Waqf Alee Allah Kayam Karda Ahmad Ullahkhan Saheb | the Act reads thus:"168. (1) When a decree for arrears of rent against an exproprietary, an occupancy or hereditary tenant has not been completely satisfied within one year from the date of such decree by any mode of execution other than sale of holdings, the land-holder may apply to the Court, which passed the decree,... | 1[ds]8. The answer to the question depends on whether the order under Section 168 of the Act can be said to be an order relating to the execution, discharge or satisfaction of the decree. It seems to us that the order dated August 8, 1958, was an order relating to the execution, discharge or satisfaction of the decree ... | 1 | 1,784 | 283 | ### Instruction:
Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document.
### Input:
the Act reads thus:"168. (1) When a decree for arrears of rent against an exproprietary, an occupancy or he... |
Modula India Vs. Kamakshya Singh Deo | its own motion, can do very little to ascertain the truth or otherwise of the plaintiffs averments and it is only the opposite party that will be more familiar with the detailed facts of a particular case and that can assist the court in pointing out defects, weaknesses, errors and inconsistencies of the plaintiffs cas... | 1[ds]14. We have considered the contentions urged on behalf of both the parties and the respective view points of the two lines of decisions of the High Court. We have also perused the decisions of this Court to which reference has been made. Though none of them is a direct decision on the issue before us, the observat... | 1 | 11,361 | 2,089 | ### 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:
its own motion, can do very little to ascertain the truth or otherwise of the plaintiffs averments an... |
Shri Birdhichand Sharma Vs. First Civil Judge Nagpur And Others | to reject such biris as do not come up to the proper standard. It is on these facts that we have to decide the question whether respondents 2 to 4 were employed by the appellant. 6. It will be immediately noticed that the facts in this case are substantially different from the facts in Shri Chintaman Raos case, 1958 SC... | 0[ds]Taking the nature of the work in the present case it can hardly be said that there must be supervision all the time when biris are being prepared and unless there is such supervision there can be no direction as to the manner of work. In the present case the operation being a simple one, the control of the manner ... | 0 | 2,168 | 554 | ### 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:
to reject such biris as do not come up to the proper standard. It is on these facts that we have to decide th... |
Asstt. Commissioner Vs. Velliappa Textiles Ltd | been examined by some of the High Courts. In Municipal Corporation vs. Delhi vs. J.B. Bottling Co. 1975 Crl. L.J. 1148 a Full Bench of Delhi High Court held that the conviction of a company under Section 16 Prevention of Food Adulteration Act and award of fine only would be perfectly valid even though it cannot be sent... | 0[ds]4. It is a basic principle of criminal jurisprudence that a penal statute is to be construed strictly. If the act alleged against the accused does not fall within the parameters of the offence described in the statute the accused cannot be held liable. There is no scope for intendment based on the general purpose ... | 0 | 14,048 | 1,092 | ### 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:
been examined by some of the High Courts. In Municipal Corporation vs. Delhi vs. J.B. Bottling Co. 1975 Cr... |
Produce Exchange Corporation Ltd Vs. Commissioner Of Income Tax | (2) of the Indian Income-tax Act.4. The Tribunal disagreed with the Appellate Assistant Commissioner. The Tribunal observed that there was complete unity of control and shares were one of a number of commodities in which the Company dealt in the ordinary course of business. There was, in the view of the Tribunal "no el... | 1[ds]Applying that test in the present case there is no doubt that there is a common management of the share and stock business and other lines of business, unity of trading organization, common employees, common administration, a common fund and a common place of business.7. We need not consider whether the ultimate d... | 1 | 1,544 | 340 | ### 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:
(2) of the Indian Income-tax Act.4. The Tribunal disagreed with the Appellate Assistant Commissioner. T... |
Union Of India Vs. Tarachand Gupta & Bros | misconstrued the provisions giving it power to act so that it failed to deal with the question remitted to it and decided some question which was not remitted to it. It may have refused to take into account something which it was required to take into account. Or it may have based its decision on some matter which, und... | 0[ds]In the absence of any restriction in entry 295, namely, that a licence in respect of goods covered by entry 295 would not be valid for import of parts and accessories which when taken together, would make them motor cycles and scooters in C. K. D. condition, the respondents could import under their licence all kin... | 0 | 7,422 | 2,238 | ### 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:
misconstrued the provisions giving it power to act so that it failed to deal with the question remitted... |
Union Of India & Anr Vs. P.K. Roy & Ors | the next contention raised on behalf of the respondents that in any event they should have been given a second opportunity to make representation regarding : (1) inter se- seniority list of the Assistant Engineers of the former Mahakoshal region prepared on February 20, 1962, Annexure R-14, and (2) the final inter se s... | 1[ds]our opinion, the procedure adopted in this case does not contravene the provisions of Section 115 (5) of the said Act, because it was the Central Government which laid down the principles for integration, it was the Central Government which considered the representations and passed final orders, and both the preli... | 1 | 6,992 | 1,105 | ### 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 next contention raised on behalf of the respondents that in any event they should have been given a second opportunity ... |
Ranjit Kumar Murmu Vs. M/S Lachmi Narayan Bhomroj | other hand, learned counsel for the respondent contended that the Principal Secretary and Commissioner of Food and Supplies Department had no jurisdiction to hear an appeal over an order passed by the District Magistrate. 11. In the said circumstances, the questions that arise for our consideration are: (i) Whether the... | 0[ds]17. The impugned order passed by the District Magistrate, Purulia on 6th October, 2009 cannot be termed as an order passed under Paragraph 8 or Paragraph 9 of the Control Order. In such a situation, no appeal is maintainable under Paragraph 10 before the Principal Secretary or the Commissioner, Food and Supply Dep... | 0 | 1,992 | 292 | ### 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:
other hand, learned counsel for the respondent contended that the Principal Secretary and Commissione... |
United India Insurance Company Limited Vs. Nirmala & Others | town yesterday and would be available today, matters were fixed for final hearing today. When the matters were called out in the afternoon session, neither Advocate Shri Kasliwal nor Advocate Mrs. Jain were available inspite of search through Court Chobdar. However, Advocate Miss.Mamta Warma appeared and prayed for adj... | 0[ds]6. We have gone through the written statement that is filed by appellant insurance company before the Tribunal. In paras 1 to 19, it has denied all the contentions raised by the claimants in the petition, para by para. Paras 20 to 25 are captioned as additional statement and, thus, separated from other part of wri... | 0 | 1,440 | 545 | ### 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:
town yesterday and would be available today, matters were fixed for final hearing today. When the matters were ca... |
Metal Powder Company Ltd Vs. Oriental Insurance Co. Ltd | Clauses which formed a part of the terms and conditions of the Insurance Policy. Clause 4.6 is to the following effect: “4.6 Loss damage or expense arising from insolvency or financial default of the owners managers charterers or operators of the vessel.” 4. Following the repudiation of its claim legal notice was issue... | 1[ds]ng a specific risk covered by the Insurance Policy, the failure to deliver the cargo, as agreed, would clearly amount to loss of the subject matter insured. The situations in which the insurer could avoid its liability are contemplated by the exclusion clauses. Clause 4.6 which was sought to be invoked by the defe... | 1 | 1,499 | 355 | ### 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:
Clauses which formed a part of the terms and conditions of the Insurance Policy. Clause 4.6 is to the following effect: “4... |
State Of Punjab And Ors Vs. Om Prakash Baldev Krishan | to arbitration. Section 175(3) of the Government of India Act, 1935 provided as followsSubject to the provisions of this Act with respect to the Federal Railway Authority, all contracts made in the exercise of the executive authority of the Federation or of a Province shall be, expressed to be made by the Governor-gene... | 0[ds]13. This Court reiterated that under that section a contract entered into by the Governor of a Province must satisfy three conditions, namely, (i) it must be expressed to be made by the Governor; (ii) it must be executed; and (iii) the execution should be by such persons and in such manner as the Governor might di... | 0 | 3,580 | 1,003 | ### Instruction:
Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding.
### Input:
to arbitration. Section 175(3) of the Government of India Act, 1935 provided as followsSubject to the provisions o... |
Noble Resources Ltd Vs. State Of Orissa | have also noticed hereinbefore that there had been no complaint on the part of the Appellant in regard to the supply of iron ore fines till August, 2003, by which time 1,08,181 MT of iron ore fines was supplied in two installments. In the month of September 60,000 MT of Grade-B iron ore and 1,20,000 MT of Grade-A iron ... | 0[ds]15. It is trite that if an action on the part of the State is violative the equality clause contained in Article 14 of the Constitution of India, a writ petition would be maintainable even in the contractual field. A distinction indisputably must be made between a matter which is at the threshold of a contract and... | 0 | 5,818 | 594 | ### 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:
have also noticed hereinbefore that there had been no complaint on the part of the Appellant in regard to the supply of iro... |
Soni Lalji Jetha & Ors Vs. Soni Kalidas Devchand & Ors, | agreeing to purchase the property thereunder does not acquire any interest in the property. Section 54 of the Transfer of Property Act in terms provides that such a contract of sale does not create as in English law any equitable estate in the immovable property which is the subject-matter of the contract. But as afore... | 0[ds]For, while observing that possession of Kanji and Lalji could at no point of time be adverse the Division Bench slipped into an error in failing to take into account the loyal effect of the sale, dated September 10, 1930.It is true that as mortgagees-in-possession Kanji and Lalji derived their title to possession ... | 0 | 3,854 | 1,167 | ### 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:
agreeing to purchase the property thereunder does not acquire any interest in the property. Section 54 of ... |
Brooke Bond Employees Union Vs. Hindustan Unilever Limited and Ors | assistance we have also perused the material that was placed on record by the parties. Before considering the applicability of the relevant statutory provisions on which the learned counsel for the parties have relied, it would be necessary to first refer to the findings recorded by the learned Single Judge after consi... | 0[ds]7. We have heard the learned counsel for the parties at length and with their assistance we have also perused the material that was placed on record by the parties. Before considering the applicability of the relevant statutory provisions on which the learned counsel for the parties have relied, it would be necess... | 0 | 3,456 | 1,077 | ### 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:
assistance we have also perused the material that was placed on record by the parties. Before considering the applicability ... |
Chowringhee Sales Bureau Ltd Vs. Commissioner of Income Tax, West Bengal | observed :"Entry 48 authorises the imposition of tax either on a seller or a purchaser or both. If, however, the Legislature purports to levy a tax upon a person who is neither a seller nor a purchaser, the legislation must be declared ultra vires, because it treats an operation as a sale of goods which, according to t... | 0[ds]12. It is apparent from the order of the Appellate Assistant Commissioner and has not been disputed before us in the present case that in the cash memos issued by the appellant to the purchasers in the auction sales it was the appellant who was shown as the seller. The amount realised by the appellant from the pur... | 0 | 2,731 | 527 | ### 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:
observed :"Entry 48 authorises the imposition of tax either on a seller or a purchaser or both. If, however,... |
Pingle Industries Ltd., Secunderabad Vs. Commissioner Of Income Tax, Hyderabad | point of view of rating, but compensation has the same meaning in its application to matters of taxation such as are involved in this case."38. Thus, the contention of the learned counsel for the assessee that we should treat this quolnama as merely showing a licence and not a lease creating interest in land is not cor... | 0[ds]6. This distinction between capital and revenue, either on the receipt or expenditure side, is almost a perennial problem in Income-tax law. In general the distinction is well-recognised and is based on certain principles which are easy of application in some cases; but from time to time cases arise which make the... | 0 | 13,232 | 389 | ### 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:
point of view of rating, but compensation has the same meaning in its application to matters of taxation such as are invo... |
Jagdish Mandal Vs. State Of Orissa | his powers or outside the purpose of the Act, or unfairly or on an incorrect basis of fact. But there is no universal rule as to the principles on which the exercise of a discretion may be reviewed;" Reliance is also placed on the following observations of this Court in Barium Chemicals Ltd. vs. The Company Law Board [... | 0[ds]22. We have already noticed that while the Committee acted on the letter dated 14.3.2005 of the Superintendent of posts, the High Court acted on an Inquiry Report submitted by the Officer in Charge of Junagarh Police Station during the pendency of the writ petition. When the SLP came up for consideration on 25.1.2... | 0 | 7,380 | 1,936 | ### 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:
his powers or outside the purpose of the Act, or unfairly or on an incorrect basis of fact. But there is n... |
U.N. R. Rao Vs. Smt. Indira Gandhi | President of India is a person who has to be elected in accordance with the relevant provisions of the Constitution but even so he is bound by the provisions of the Constitution. Art. 60 prescribes the oath or affirmation which the President has to take. It reads:"I. A B. do swear in the name of God/solemnly affirm tha... | 0[ds]9. It seems to us that we must read the word "shall" as meaning "shall" and not "may". If Article 74 (1) is read in this manner the rest of the Provisions dealing with the Executive must be read in harmony with it. Indeed they fall into place. Under Article 75 (l) the President appoints the Prime Minister and appo... | 0 | 2,688 | 602 | ### 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:
President of India is a person who has to be elected in accordance with the relevant provisions of the Constitution but e... |
Larsen & Toubro Ltd Vs. State Of Jharkhand | Section 19 of the State Act, it would be sufficient to refer to a judgment of this Court in Anandjiharidas & Co. v. S.P. Kasture AIR 1968 SC 565 wherein it was held that a fact which was already there in records doesnt by its mere availability becomes an item of information till the time it has been brought to the noti... | 1[ds]Sub-Section (1) of Section 19 very clearly prescribes that the competent authority, upon information, if satisfied that reasonable ground exists to believe that any turnover of a registered dealer or a dealer to whom grant of registration certificate has been refused in respect of any period has, for any reason, e... | 1 | 5,465 | 880 | ### 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:
Section 19 of the State Act, it would be sufficient to refer to a judgment of this Court in Anandjiharidas & Co. v. S.P. Kas... |
Management Of Gordon Woodrofe Agencies Pvt. Ltd Vs. S Presiding Officer, Principal Labour Court & Others | the Labour Court came to be dismissed by the learned Single Judge.9. In an appeal filed before the Division Bench of the said High Court by both the parties, the Division Bench agreed with the Labour Court and the Single Judge by upholding the finding as to the legality of the closure of the establishment as also in re... | 1[ds]13. Having heard the learned counsel for the parties and perused the records, we are satisfied that so far as the legality and genuineness of the closure is concerned, the Labour Court after considering the evidence brought on record has given a conclusive finding in favour of the appellant which finding has been ... | 1 | 2,001 | 652 | ### 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:
the Labour Court came to be dismissed by the learned Single Judge.9. In an appeal filed before the Division Bench of the s... |
Damodar Ganpat Wani & Anr Vs. Rajaram Dhondu Wagh & Ors | He allowed Pardeshi to remain in possession. Against the order of the Collector the respondents field a revision application before the Maharashtra Revenue Tribunal. The Tribunal, on Jan. 22, 1968, set aside the order of the Collector and awarded possession of the land to the respondents. It found that the respondents ... | 0[ds]6. We have no. hesitation in dismissing this appeal. Section 34 (1) of the Tenancy Act entitles the landlord to terminate the tenancy of the protected tenant by giving him one years notice in writing, if the landlord bona fide requires the land for cultivating personally. Section 34 (2-A) qualifies the landlords r... | 0 | 1,821 | 801 | ### 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:
He allowed Pardeshi to remain in possession. Against the order of the Collector the respondents field a revi... |
Common Cause A Regd. Society Vs. U.O.I | be sustained.48. We are further of the view that Capt. Satish Sharma acted in a wholly biased manner inasmuch as he unfairly regarded with favour the cases of 15 allottees before him. The relevant circumstances available from record and discussed by us leave no manner of doubt in our mind that Capt. Satish Sharma delib... | 1[ds]44. All the 15 allotmentse have been madeby the Minister in a stereotyped manner. The applications have not been officially received by the Petroleum Ministry. There is noon any of the applications. The applicants seem to have approached the Minister directly. None of the applications have been dealt with by any o... | 1 | 10,415 | 942 | ### 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:
be sustained.48. We are further of the view that Capt. Satish Sharma acted in a wholly biased manner inasm... |
State of Kerala Vs. Kumari T.P. Roshana and Anr | claimed was admission to the medical college. 27. The upshot of the judgment, in terms of student impact, government policy, college admissions and potential for agitation , may be envisioned for a while. We may also take note of the gregarious trend of one writ petition being followed by many when the grievance is com... | 1[ds]The rule of law runs close to the rule of life and where societal life, as between one part of the State and another, is the victim ofd disparities the constitutional mandate of equal justice under the law responds to it pragmatically and permits classification geared to eventual equalisation. We, therefore, agree... | 1 | 7,722 | 1,653 | ### 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:
claimed was admission to the medical college. 27. The upshot of the judgment, in terms of student... |
Charan Singh And Ors Vs. Babulal And Ors | 8, 1956, modified the award, dated May 14, l956. Babu Lal. Mohar Singh and Ram Piyari filed an appeal before the District Judge against the order of the Civil Judge, dated September 8, 1956. Before the District Judge a preliminary objection was raised that no appeal lay against the order of the Civil Judge. The Distric... | 0[ds]6. In our opinion, the High Court arrived at the correct conclusion in ILR (1959) 1 All 354: (AIR 19,59 AI1 717) and Sayeed Ullah Khan v Temporary Civil Judge of Sultanpur AIR 1959 All 330 . Section 12 (4) of the Act provides for a statutory arbitration and S. 37 of the Act provides for the appointment of an arbi... | 0 | 1,603 | 393 | ### 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:
8, 1956, modified the award, dated May 14, l956. Babu Lal. Mohar Singh and Ram Piyari filed an appeal b... |
I.T.C. Ltd. Workers Welfare Association and Anr Vs. The Management of I.T.C. Ltd. and Ors | of life pension cannot be said to be arbitrary or irrational as such fixation becomes imperative from financial point of view and moreover the date coincided with the Platinum Jubilee Celebrations of the Company. The date was not picked up from the hat, the High Court observed. The High Court approached the issue more ... | 0[ds]14. In answering the reference the industrial adjudicator has to keep in the forefront of his mind the settlement reached under Section 12(3) of the Industrial Disputes Act. Once it is found that the terms of the settlement operate in respect of the dispute raised before it, it is not open to the Industrial Tribun... | 0 | 6,259 | 1,263 | ### Instruction:
Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text.
### Input:
of life pension cannot be said to be arbitrary or irrational as such fixation becomes imperative from financial point of ... |
Baburam Shantaram More Vs. Bombay Housing Board and Another | applied to any land or building belonging to or vesting in the Board under or the purposes of this Act;(b) shall not apply nor shall be deemed to have ever applied as against the Board to any tenancies or other like relationship created by the Board in respect of such land or building;(c) but shall apply to any land or... | 0[ds]The Board, on the other hand, is an incorporated body brought into existence for the purpose of framing housing schemes to solve the problem of acute shortage of accommodation in Bombay. There are no shareholders interested in the distribution of any profit. It is under the control of the Government and acts under... | 0 | 1,880 | 407 | ### 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:
applied to any land or building belonging to or vesting in the Board under or the purposes of this Act;... |
Hythro Power Corporation Ltd Vs. Delhi Transco Ltd | the Act exercise purely administrative functions and it is not open to him to discharge any judicial function of adjudicating the dispute even regarding the existence of arbitration agreement. Whether the letters and exchange of correspondence between the parties, pursuant to the NIT, can constitute a contract and an a... | 1[ds]find that the designate of the Chief Justice acting administratively under Section 11 and the Division Bench of the High Court exercising powers under Article 226 of the Constitution were clearly in error in adjudicating upon the dispute regarding the validity and existence of the arbitration agreement and holding... | 1 | 1,821 | 210 | ### 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:
the Act exercise purely administrative functions and it is not open to him to discharge any judic... |
DAMODAR LAL LOYA Vs. LEGAL REPRESENTATIVES OF MADAN LAL | A.K. Sikri, J. - We have heard the matter finally. Leave granted. 2. The facts which are required to be taken note of are briefly stated herein: 3. The matter pertains to fixation of standard rent in respect of property situated at Bhadada Bagh, Bhopalganj, Bhilwara, Rajasthan (hereinafter referred to as the suit prope... | 1[ds]On the contrary, by the impugned order, the High Court has mentioned that only 50 per cent of the standard rent as fixed by the Additional District Judge (which was an interim order) would be payable and the revision petition was not decided on merits.9. We find substance in this argument raised by the learned cou... | 1 | 1,000 | 190 | ### 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:
A.K. Sikri, J. - We have heard the matter finally. Leave granted. 2. The facts which are required to be... |
Hardesh Ores Pvt. Ltd Vs. Timblo Minerals Pvt. Ltd. | in writing has refused to renew and terminated the contract of the old contractor. Thereafter, he has entered into a written contract on higher price with the new contractors. The old contractor, therefore, has no right in presenti to remain in possession of the mine and to operate it. According to learned counsel for ... | 1[ds]10. The suit is pending for trial on merits. We would not, therefore, express any option, one way or the other, on the merits of the contentions advanced. On the basis of three established principles for grant of temporary injunction e.g., prima facie case, balance of convenience and irreparable loss, in our consi... | 1 | 1,933 | 947 | ### 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:
in writing has refused to renew and terminated the contract of the old contractor. Thereafter, he has entered into a writ... |
Pannalal Jankidas Vs. Mohanlal And Another | relations between the parties are of a principal and an agent and the agent is found to have committed breach of his duty, it is correct to take a narrow view of the situation. The agent chose to gamble in not insuring the goods and desired to charge the agreed premia, on the footing that the goods were covered by insu... | 0[ds](17) Bearing in mind this state of the law it appears clear that in the present case it was the duty of the applts. to insure the goods, as they had agreed to do. Once misconduct is admitted or proved, the fact that the Ordinance did not exist and could not have been in the contemplation of the parties is irreleva... | 0 | 6,514 | 1,699 | ### 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:
relations between the parties are of a principal and an agent and the agent is found to have committed brea... |
KAKADIA BUILDERS PVT LTD Vs. INCOME TAX OFFICER WARD 1(3) | the Settlement Commission for deciding the matter in question afresh on merits keeping in view the observations made infra.16. At the outset, we consider it apposite to mention that the issue involved in these appeals is governed by the law laid down by the decision of two Constitution Benches of this Court. One was re... | 1[ds]15. Having heard the learned counsel for the parties and on perusal of the record of the case including the written submissions filed by the parties, we are inclined to allow the appeals and remand the case to the Settlement Commission for deciding the matter in question afresh on merits keeping in view the observ... | 1 | 1,899 | 727 | ### Instruction:
Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction.
### Input:
the Settlement Commission for deciding the matter in question afresh on merits keeping in view the obse... |
Desh Bandhu Gupta and Company and Others Vs. Delhi Stock Exchange Assn. Limited | Respondent rightly invited our attention to two documents on record which had come into existence almost simultaneously with the issuance of the notification explaining the manner in which outstanding transactions were intended to be closed or liquidated. In a Press Statement or Press Note issued by the Finance Ministr... | 0[ds]In our view, the notification was in three parts. By the first part the Central Government put a ban on all forward trading in sha res through the Stock Exchanges in the country by declaring that "no person.. shall, save with the permission of the Central Government, enter into any contract for the sale or purchas... | 0 | 4,529 | 875 | ### 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:
Respondent rightly invited our attention to two documents on record which had come into existence almost si... |
State Of Punjab Vs. Hindsons (P) Ltd | p. Deductions were claimed in respect of sales of tax-free goods, sales made to registered dealers etc. Among the sales claimed in respect of tax-free goods, a commodity known as belt pulley attachment was included valued at Rs. 26.572.82p. It was admitted that the belt pulley attachment was sold alongwith tractor or s... | 1[ds]The High Court unfortunately overlooked the most obvious fact that belt pulley is also sold as a separate spare part. It is used in various other machines such as motor car engines. Belt pulley means a pulley over which a belt may pass to transmit power to other part of the machine. Common sense tells us that even... | 1 | 1,246 | 452 | ### 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:
p. Deductions were claimed in respect of sales of tax-free goods, sales made to registered dealers etc. Among the sales cla... |
Gestetner Duplicators Private Limited Vs. Commissioner of Income Tax, West Bengal | 36(1) (iv) of the Act.Turning to the Circular dated January 16, 1941 issued by the Central Board of Revenue on which counsel for the Revenue has relied, it cannot, in our view, affect the question of deductibility, for, if the commission paid by the assessee to its salesmen is covered by the expression salary on its tr... | 1[ds]It will thus appear clear that conceptually there is no difference between salary and wages both being a recompense for work done or services rendered, though ordinarily the former expression is used in connection with services of non-manual type while the latter is used in connection with manual services. It is f... | 1 | 6,732 | 1,759 | ### 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:
36(1) (iv) of the Act.Turning to the Circular dated January 16, 1941 issued by the Central Board of Revenue ... |
Sita Saran Singh Vs. Kedar Prasad Singh and Others | in Schedule 3 of the plaint shall be sold to satisfy the decretal dues.4. Under the two mortgages mentioned above, the mortgagor had mortgaged his preparatory right in the properties mentioned in the Schedule annexed to those mortgages. We were told at the bar that the second mortgage was in respect of the very propert... | 1[ds]We do not think that there is any substance in this contention. Therein the question that arose for decision by this Court was whether a mortgagor who has trespassed on the mortgaged property which was in the possession of the mortgagee can resist the claim of the mortgagee to be in possession. The question that a... | 1 | 1,433 | 296 | ### Instruction:
Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding.
### Input:
in Schedule 3 of the plaint shall be sold to satisfy the decretal dues.4. Under the two mortgages mentioned above,... |
In Re: United India Insurance Co. Ltd. and Ors Vs. | in the year 2000, the 4 state-run, general insurance companies namely National Insurance Company Ltd, New India Assurance company limited, Oriental Insurance Company Ltd, and United India Insurance Company Ltd, started functioning independently. 4 That the said insurance companies formed an informal association known a... | 1[ds]8. A perusal of the order passed by the learned Single Judge of the High Court dated 12.09.2014 as extracted above indicates that learned Single Judge directed for suo moto registration of a Public Interest Litigation to look into the matter so that much relief could come about to the poor litigants, the reason, w... | 1 | 3,826 | 1,193 | ### Instruction:
Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding.
### Input:
in the year 2000, the 4 state-run, general insurance companies namely National Insurance Company Ltd,... |
Sonia Bahera Vs. State of Orissa | then after going to the place where the dead body was lying, he went to the police station and lodged the information at about 4 p. m. PW 3 stated before the police that he suspected the appellant as the person who was responsible for the unnatural death of the deceased as the appellant, who was a washerman had stated ... | 1[ds]While PW 2 stated that the appellant had taken it from her house and not returned it, PW 3 stated that he had no idea about the whereabouts of the axe. Introduction of the story about the missing axe into the first information creates a good deal of suspicion about the truth of the prosecution case. The prosecutio... | 1 | 1,495 | 380 | ### 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:
then after going to the place where the dead body was lying, he went to the police station and lodged t... |
T.C. Gupta and Anr Vs. Hari Om Prakash and Ors | You are, therefore, directed to supply this information in following format in respect of those who had filed objections under Section 5-A……..? 12. A reading of the above extract would seem to indicate that on the very day of the order i.e. 17.01.2011 the first appellant understood the said order to be requiring him to... | 1[ds]The material facts indicating the unfolding of the relevant events leading to the eventual decision of the High Court has been narrated in seriatim in the preceding paragraphs. The information sought for by the High Court; the response of the appellants and their explanation with regard to the answers provided in ... | 1 | 2,817 | 351 | ### 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:
You are, therefore, directed to supply this information in following format in respect of those who had fi... |
Mohd.Arif @ Ashfaq Vs. State Of Nct Of Delhi | Sandhu [2005 (11) SCC 600 ]. The Court expressed its anguish in the following words. In the instant case, there can be no doubt that the most appropriate punishment is death sentence. That is what has been awarded by the trial Court and the High Court. The present case, which has no parallel in the history of Indian Re... | 0[ds]18. From the clear evidence of Capt. S.P. Patwardhan (PW-189), Major Manish Nagpal (PW-126), Retd. Subedar D.N. Singh (PW-131), Hawaldar Dalbir Singh (PW-134) and Major D.K. Singh (PW-144), we are of the clear opinion that what took place on the said night on 22.12.2000 could not be just set aside as an internal b... | 0 | 44,372 | 9,507 | ### 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:
Sandhu [2005 (11) SCC 600 ]. The Court expressed its anguish in the following words. In the instant case, there c... |
Jagdish Chander Gupta Vs. Kajaria Traders (India) Ltd | sub-section about proceedings and coupling other proceeding with a claim of set-off? The question is a proper one to ask but the search for the answer in the scheme of the section itself gives the clue. The section thinks in terms of (a) suits and (b) claims of set-off which are in a sense of the nature of suits and (c... | 1[ds]7. Mr. Justice Naik asked the question that if all proceedings were to be excluded why was it not considered sufficient to speak of proceeding along with suits in sub-ss. (1) and (2) instead of framing a separate sub-section about proceedings and coupling other proceeding with a claim of set-off? The question is a... | 1 | 3,396 | 1,177 | ### 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:
sub-section about proceedings and coupling other proceeding with a claim of set-off? The question is a ... |
Government of Andhra Pradesh Vs. Guntur Tobaccos Ltd | regards another. We are accordingly of opinion that on the true interpretation of the expression "sale of goods" there must be an agreement between the parties for the sale of the very goods in which eventually property passes."The authority of State Legislatures, under the Constitution to enact legislation in respect ... | 0[ds]18. The fact that in the execution of a contract for work some materials are used and property in the goods so used passes to the other party, the contractor undertaking to do the work will not necessarily be deemed on that account to sell the materials. A contract for work in the execution of which goods are used... | 0 | 8,069 | 4,396 | ### 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:
regards another. We are accordingly of opinion that on the true interpretation of the expression "sal... |
State Of Kerala Vs. Cochin Chemical Refineries Ltd | advanced and delivery of goods offered by the Company will be accepted. 5. Counsel for the State contended that so long as the loan was not advanced by the State, the mortgage was not in law effective, and the Company could not enforce the contract relating to groundnut cake agreed to be purchased by the State, for the... | 0[ds]4. The indenture incorporates two transactions: (l) a mortgage in favour of the State by the Company and N. C. John charging properties belonging to the two mortgagors for repayment of Rs. 2,50,000 and (2) the Company agreeing to sell and the State agreeing to purchase 3,000 tons of groundnut cake at the rate of 6... | 0 | 2,322 | 476 | ### 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:
advanced and delivery of goods offered by the Company will be accepted. 5. Counsel for the State contended t... |
ALL INDIA COUNCIL FOR TECH. EDUCATION REP BY ITS MEMBER SECRETARY Vs. SHRI PRINCE SHIVAJI MARATHA BOARDING HOUSES COLLEGE OF ARCHITECTURE THROUGH ITS INCHARGE PRINCIPAL S | 1987 Act. That would render the 1972 enactment unworkable. 59. The third distinguishing element of the 1972 Act is that the CoA is not the ultimate decision-making authority but it is the Central Government in relation to process of recognition of degree or diploma in architectural education or withdrawal thereof. Such... | 1[ds]25. We find that both the statutes have provisions for approval and monitoring of architecture courses run by institutions. So far as the 1972 Act is concerned, the expression employed is recognition of qualification and the ultimate authority for granting or withdrawing recognition to degree or diploma courses in... | 1 | 17,841 | 3,547 | ### 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:
1987 Act. That would render the 1972 enactment unworkable. 59. The third distinguishing element of the 197... |
State Bank of India and Anr Vs. New India Assurance Company Limited | of the State Consumer Disputes Redressal Commission, Andhra Pradesh (SCDRC). 3. On 14 November 2005, a loan agreement was entered into between the first appellant - State Bank of India (Bank) and the second respondent (Borrower). Under the terms of the agreement, all the assets which were charged to the Bank were to be... | 1[ds]7. Having heard the learned counsel appearing on behalf of the contesting parties, it has emerged from the record that the order of the SCDRC was accepted by the borrower. The only direction of the SCDRC was for the Bank to forward the insurance claim to the insurer. As between the Bank and the borrower, there has... | 1 | 1,141 | 199 | ### Instruction:
Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text.
### Input:
of the State Consumer Disputes Redressal Commission, Andhra Pradesh (SCDRC). 3. On 14 November 2005, a loan agreement was... |
Oxford University Press Vs. Commr. Of Income Tax | this to happen was, he contended, manifestly unreasonable and absurd and could never have been intended. It was, therefore, necessary to read cause (22) as applying only to Universities and educational institutions which existed in India or, at least, imparted education in India. Our attention was drawn by learned coun... | 1[ds]30. I am of the view that the expression `existing solely for the educational purpose and not for the purpose of profit qualifies a `university or other educational institution. In a case where a dispute is raised whether the claim of exemption from the tax by the assessee is admissible or not it is necessary for ... | 1 | 3,216 | 1,037 | ### Instruction:
Conjecture the end result of the case (acceptance (1) or non-acceptance (0) of the appeal), followed by a detailed explanation using crucial sentences from the case proceeding.
### Input:
this to happen was, he contended, manifestly unreasonable and absurd and could never have been intended. It was, t... |
Elkachenu Kistamma & Another Vs. United India Insurance Co. Ltd. & Another | 1. Delay condoned. 2. Leave granted. 3. The husband of Appellant No.1 was working as a driver with Respondent No.2 in a rice mill. Some electrical problem arose in the rice mill due to the burning of a fuse in the transformer. It appears that the husband of Appellant No.1 was asked by the employer to look into the matt... | 1[ds]Under the circumstances, we set aside the order passed by the High Court and restore the award made by the Commissioner for Workmens Compensation and Assistant Commissioner of Labour. We make it clear that the awarded amount will be in addition to any other amount that has been received by the appellants from the ... | 1 | 626 | 73 | ### 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:
1. Delay condoned. 2. Leave granted. 3. The husband of Appellant No.1 was working as a driver with Respondent No.2 in a ric... |
K.N. NAGARAJAPPA & ORS Vs. H. NARASIMHA REDDY | Court or Courts reason of a decision on such question of law as is referred to in section 100. 16. In the judgment reported as Municipal Committee, Hoshiarpur v. Punjab State Electricity Board (2010) 13 SCC 216 , this court held as follows: 26. Thus, it is evident that Section 103 CPC is not an exception to Section 100... | 0[ds]11. It is evident from the above discussion that the respondent, in the first suit, claimed possession on the basis of the registered sale deed, Ex.P-1. That document is not denied. The rival case set-up in defence by the appellants as well as the claim in the second suit was that Ex.P-1 was nominal and in fact me... | 0 | 3,750 | 1,566 | ### 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:
Court or Courts reason of a decision on such question of law as is referred to in section 100. 16. In t... |
Ram Singh & Sons Eng. Works Vs. Commissioner Of Sales Tax, U.P | publication of the Indian Standards Institution which lays down the Code of Practice for Design of Overhead Travelling Cranes and Gantry Cranes clearly shows that a 3-motion electrical overhead travelling crane consists of 44 main component parts and it is only when they are put together and assembled at the site that ... | 1[ds]This was the test applied by this Court in the State of Rajasthan v. Man Industrial Corporation for holding that a contract for providing and fixing four different types of windows of certain sizes according to "specifications, designs, drawings and instructions" set out in the con tract was a contract for work an... | 1 | 4,126 | 2,300 | ### 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:
publication of the Indian Standards Institution which lays down the Code of Practice for Design of Overhead Travelling Crane... |
Western Coalfields Limited Vs. Special Area Development Authority, Korba and Another | and 79 of the Madras District Boards Act had nothing to do with the de velopment of mines and minerals or their regulation. The proceeds of the land cess were required to be credited to the District fund which had to be used for everything necessary for or conducive to the safety, health, convenience or education of th... | 0[ds]It is well-settled that if an earlier legislation is incorporated into a later legislation, the provisions of earlier law which are incorporated into the later law become a part and parcel of the later law. Therefore, amendments made in the earlier law after the date of incorporation cannot, by their own force, be... | 0 | 8,175 | 2,233 | ### 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:
and 79 of the Madras District Boards Act had nothing to do with the de velopment of mines and minerals or their regulation.... |
Ashok Lenka Vs. Rishi Dikshit | 66. Before us the Hindi version of the notification has been read wherefrom it appeared that the requirement of providing the certificate as regards the alleged criminal background of the family members of the licensees had inadvertently appeared in the English version of the notification, but were absent in the Hindi ... | 1[ds]The period for which licences had been granted is over. For all practical purposes, the State and the licensees have succeeded in their attempts to defeat the purpose for which the writ petitions were filed by the writ petitioners - Respondents. We must express our dismay that despite our directions, the applicati... | 1 | 12,284 | 2,302 | ### 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:
66. Before us the Hindi version of the notification has been read wherefrom it appeared that the requiremen... |
Collector of Central Excise, Patna Vs. Tata Engineering and Locomotive Company | manner as an arrear of land revenue. (4) The Central Government may handover the proceeds of the cess collected under this section in respect of the goods manufactured or produced by any scheduled industry or group of scheduled industries to the Development council established for that industry or group of industries, ... | 0[ds]5. Section 9(1) of the Industries (Development & Regulation) Act, 1951, empowers the levy and collection of a cess on goods manufactured or produced in a scheduled industry at such rate as may be specified by the Central Government, different rates being permissible for different goods or different classes of good... | 0 | 1,502 | 428 | ### 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:
manner as an arrear of land revenue. (4) The Central Government may handover the proceeds of the cess collected under thi... |
Roche Products Limited Vs. Collector of Customs and Another | the penalty was imposed in the exercise of his power under Section 130(2) of the Act, that would not be fatal and vitiate the order. 25. The decision of the Delhi High Court in Addl. CIT v. J. K. DCosta ((1982) 133 ITR 7 (Del HC)), strongly relied upon by the appellant, does not apply to the facts and circumstances of ... | 0[ds]16. It is not disputed that the industrial licence granted to the appellant clearly stipulated that after the expiry of two years the appellant would not be entitled to manufacture SMX with the imported material, isoxamine. Such manufacture of SMX could be made by the appellant from indigenous materials. It has be... | 0 | 5,308 | 2,277 | ### Instruction:
Decide if the appeal in the case proceeding is more likely to be successful (1) or unsuccessful (0), and then justify your decision by focusing on essential sentences in the document.
### Input:
the penalty was imposed in the exercise of his power under Section 130(2) of the Act, that would not be fat... |
Manager, National Insurance Co.Ltd Vs. Saju P.Paul | observed as under: 13. The residual question is what would be the appropriate direction. Considering the beneficial object of the Act, it would be proper for the insurer to satisfy the award, though in law it has no liability. In some cases the insurer has been given the option and liberty to recover the amount from th... | 1[ds]16. In the present case, Section 147 as originally existed in 1988 Act is applicable and, accordingly, the judgment of this Court in Asha Rani (supra) is fully attracted. The High Court was clearly in error in reviewing its judgment and order delivered on 9.11.2010 in review petition filed by the claimant by apply... | 1 | 6,344 | 756 | ### 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:
observed as under: 13. The residual question is what would be the appropriate direction. Considering the beneficia... |
Desmond Anthony D'Souza Vs. Sbi Mutual Fund | management activities.10. As regards the decision to merge the One India Fund with the Magnum Equity Fund, it has been stated that this was intended to improve the performance of the scheme which was below expectation. The Magnum Equity Fund is a large cap diversified equity fund and considering the growth potential an... | 0[ds]11. We have carefully considered the disclosures which have been made on affidavit both by SEBI and by the First Respondent. We have made a reference to those disclosures in a considerable degree of detail since the Petitioner, who appears in person, has articulated his line of enquiry in these proceedings bona fi... | 0 | 3,738 | 786 | ### 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:
management activities.10. As regards the decision to merge the One India Fund with the Magnum Equity Fu... |
SMT. SANGITA ARYA & ORS Vs. ORIENTAL INSURANCE CO. LTD. & ORS | The Claimants submitted that the deceased owned two taxis from which he earned approximately Rs. 1,00,000 p.a. after deduction of all expenses. The road accident was proved by the oral testimony of the eye-witness Shri Govind Lal Arya (PW-2), who was accompanying the deceased, and had lodged the F.I.R. With respect to ... | 1[ds]7. We have heard the learned counsel for the parties and perused the material on record. We find that the impugned order passed by the High Court bristles with serious factual inaccuracies :– first, the learned Single Judge wrongly assumed that the deceased Harish Singh Arya was a Government employee. This has now... | 1 | 1,412 | 358 | ### 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:
The Claimants submitted that the deceased owned two taxis from which he earned approximately Rs. 1,00,000 p.a. after deduc... |
Indian Hard Metals (P) Ltd Vs. Union Of India | magnetic separation and other similar and necessary process, it becomes a concentrate but does not cease to be ore." (emphasis added)There is ample authority fo r the view that the tungsten content in the wolfram ore of marketable quality may vary from 60 to 79 per cent, and a concentration within these limits, of the ... | 1[ds]In Minerals &Metals Trading Corporation of India Ltd. (supra), the appellant had imported 200 metric tons of wolfram concentrate from Russia, under a contract which prescribed minimum contents of 65 % of W03 in the concentrate. The Customs authorities levied duty at the rate of 60% ad valorem under item 87 of the ... | 1 | 2,585 | 1,656 | ### 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:
magnetic separation and other similar and necessary process, it becomes a concentrate but does not cease to be ore." (emp... |
The Commissioner of Customs (General), Mumbai Custom Zone-I, New Customs House, Ballard Estate, Mumbai-400 001 Vs. M/S. Gannon Dunkerley & Company Limited | director or employee who has passed the examination referred to in Regulation 8 in accordance with sub-regulation (8) of regulation 8.Provided that if there is no such person in the firm or Company, then such firm or Company, as the case may be, may authorize any other partner, director or employee who is a "G" card ho... | 0[ds]There is no dispute that in the present case the respondents had a valid license which would have expired on 31st December,perusal of Regulation 15(2) would indicate that the license would cease to be in force on the death or retirement of a person as referred to therein. The proviso permits in the event there is ... | 0 | 2,236 | 481 | ### 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:
director or employee who has passed the examination referred to in Regulation 8 in accordance with sub-regul... |
VIKRAMJIT KAKATI Vs. THE STATE OF ASSAM | would be empowered to discharge the accused. 17.2. The trial Judge is not a mere post office to frame the charge at the instance of the prosecution. 17.3. The Judge has merely to sift the evidence in order to find out whether or not there is sufficient ground for proceeding. Evidence would consist of the statements rec... | 1[ds]10. Before we proceed to examine the matter on merits any further, it will be apposite to take note of the legal principles applicable seeking discharge, for which we may refer to a judgment of this Court in P. Vijayan v. State of Kerala & Another (2010) 2 SCC 398 , which has been further reiterated by this Court... | 1 | 2,080 | 1,207 | ### Instruction:
Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document.
### Input:
would be empowered to discharge the accused. 17.2. The trial Judge is not a mere post office to f... |
State of Uttar Pradesh and Others Vs. Modi Industries Limited | no option except to give effect to it in its c, order passed under section 11(6)." The High Court further made the following observation, -- "We however, express no opinion as to the course. which the department should. adopt in a situation like this, but we have no doubt in our mind that the amendment brought about by... | 1[ds]It was observed that in taking that view this Court was seeking to apply a legislative provision which was, by express enactment, in force at the time when the liability arose, for section 31 incorporated by the Amending Act was to be deemed to have been in operation at all material times in supersession of the pr... | 1 | 3,328 | 1,914 | ### 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:
no option except to give effect to it in its c, order passed under section 11(6)." The High Court further made the followin... |
Rasila S Mehta Vs. Custodian, Nariman Bhavan, Mumbai | unable to accept any of the contentions raised by counsel for the appellants. 56) Claims for maintenance, repair charges, interest and penalty for belated payment (Civil Appeal Nos. 3377 of 2009 and 4764 of 2010) With regard to the above appeals filed against the orders of the Special Court approving their report of th... | 0[ds]12) It is settled law that the objects and reasons of the Act are to be taken into consideration in interpreting the provisions of the statute. It is incumbent on the court to strive and interpret the statute as to protect and advance the object and purpose of the enactment. Any narrow or technical interpretation ... | 0 | 17,152 | 1,995 | ### 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:
unable to accept any of the contentions raised by counsel for the appellants. 56) Claims for maintenanc... |
State of Madhya Pradesh and Ors Vs. M.V. Vyavsaya and Company | 14. Leave granted. 15. It has been repeatedly held by this Court that the power of the High Court under Article 226 of the Constitution is not akin to appellate power. It is a supervisory power. While exercising this power, the court does not go into the merits of the decision taken by the authorities concerned but onl... | 1[ds]15. It has been repeatedly held by this Court that the power of the High Court under Article 226 of the Constitution is not akin to appellate power. It is a supervisory power. While exercising this power, the court does not go into the merits of the decision taken by the authorities concerned but only ensures that... | 1 | 3,536 | 982 | ### 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:
14. Leave granted. 15. It has been repeatedly held by this Court that the power of the High Court under Article 226 of the C... |
Pioneer Embroideries Limited Vs. Prithvi Singh & Others | admitted to be, entitled to receive such benefit. The appellants construction would necessarily introduce the addition of the words admittedly, or admitted to be in that clause, and that clearly is not permissible. Besides, it seems to us that if the appellants construction is accepted, it would necessarily mean that i... | 0[ds]7. As is evident from the above stated principles that the jurisdiction of the Labour Court is not so limited or narrow so as to dismiss the application filed by the workmen at the threshold itself. Besides, if some ancillary questions are to be dealt with and/or decided by the Labour Court, determination or adjud... | 0 | 3,532 | 337 | ### 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:
admitted to be, entitled to receive such benefit. The appellants construction would necessarily introdu... |
SEVOKE PROPERTIES PVT. LTD Vs. WEST BENGAL STATE ELETRICTIY DISTRIBUTION COMPANY LIMITED | absence of such a notice, the suit, it was held, would not be maintainable. 15. Mr Sundaram has sought to distinguish this decision, since in that case this Court found that the defendant was a tenant holding over within the meaning of Section 116. We find merit in the submission which has been urged by Mr Sundaram. In... | 1[ds]13. In terms of the provisions of Section 107, a lease of immovable property for a term exceeding one year can only be made by a registered instrument. Admittedly, in the present case, the indenture of lease has not been registered. In consequence, the contents of the indenture would be inadmissible in evidence fo... | 1 | 2,998 | 858 | ### 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:
absence of such a notice, the suit, it was held, would not be maintainable. 15. Mr Sundaram has sought to ... |
Gita Devi Aggarwal Vs. Commissioner of Income Tax, West Bengal and Others | the Act was not defective in law. This appeal is brought by certificate from the judgment of the High Court dated May 24, 1965 The first question that arises in this appeal is whether the appellant is entitled to invoke the special jurisdiction of the High Court under article 226 of the Constitution. Under section 33B,... | 0[ds]In the present case no explanation has been given by the appellant in the writ petition for not preferring an appeal under the Act and justifying her recourse to the special jurisdiction of the High Court under article 226 of the Constitution. In our opinion the High Court would have been justified in the circumst... | 0 | 1,459 | 550 | ### 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 Act was not defective in law. This appeal is brought by certificate from the judgment of the High Court dated... |
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