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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PRAMOD KUMAR Vs. ZALAK SINGH | We are of the view that, that the period of limitation under Article 109 is different from the period of limitation in respect of the first sale deed, cannot operate so as to exclude the bar under Order II Rule 2. The principle underlying Order II Rule 2 is that no man can be vexed twice over the same cause of action. ... | 1[ds]27. Thus, in respect of omission to include a part of the claim or relinquishing a part of the claim flowing from a cause of action, the result is that the plaintiff is totally barred from instituting a suit later in respect of the claim so omitted or relinquished. However, if different reliefs could be sought for... | 1 | 7,376 | 1,361 | ### 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:
We are of the view that, that the period of limitation under Article 109 is different from the period of limitati... |
C.V.Francis Vs. Union Of India | after the Government servant has completed twenty years qualifying service, he may, by giving notice of not less than three months in writing to the Appointing Authority, retire from service. He also pointed that under Sub-rule (2), the notice of voluntary retirement given under sub-rule (1) would have to be accepted b... | 0[ds]we see no reason to interfere with the judgment and Order of learned Single Judge, as upheld by the Division Bench of the High Court, rejecting the Petitioners prayer challenging the termination of his services. It may be noted that notice was issued on the Special Leave Petition on 11.11.2011 only to consider whe... | 0 | 1,919 | 440 | ### 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:
after the Government servant has completed twenty years qualifying service, he may, by giving notice of... |
S.N. Mukherjee Vs. Union of India | copies of the proceedings of the court martial and consequent denial of his right to make a representation to the confirming authority against the findings and sentence of court martial before the confirmation of the said finding and sentence. Through a person aggrieved by the findings or sentence of a court martial ha... | 0[ds]35. The decisions of this Court referred to above indicate that with regard to the requirement to record reasons the approach of this Court is more in line with that of the American courts. An important consideration which has weighed with the court for holding that an administrative authority exercising quasi-jud... | 0 | 13,221 | 3,388 | ### 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:
copies of the proceedings of the court martial and consequent denial of his right to make a represent... |
Uma Charan Vs. State of Madhya Pradesh and Another | of a list of suitable officers. (1) The Committee shall prepare a list of such members of the State Police Service as satisfy the condition specified in regulation 4 and as are held by the Committee to be suitable for promotion to the Service. (2) The selection for inclusion in such list shall be based on merit and sui... | 1[ds]The matter is really covered by a decision of this Court in Union of India v. Mohan Lal Capoor and others. In that case also the ground set out by the Selection Committee for the proposed supersession was:"On an over all assessment, the records of these officers are not such as to justify their appointment to the ... | 1 | 1,715 | 599 | ### Instruction:
Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction.
### Input:
of a list of suitable officers. (1) The Committee shall prepare a list of such members of the State Pol... |
State of West Bengal & Others Vs. Associated Contractors | For all these reasons, we hold that the decisions under the 1940 Act would not obtain under the 1996 Act, and the Supreme Court cannot be “court” for the purposes of Section 42. 21. One other question that may arise is as to whether Section 42 applies after the arbitral proceedings come to an end. It has already been h... | 1[ds]25. Our conclusions therefore on Section 2(1)(e) and Section 42 of the Arbitration Act, 1996 are asSection 2(1)(e) contains an exhaustive definition marking out only the Principal Civil Court of original jurisdiction in a district or a High Court having original civil jurisdiction in the State, and no other court ... | 1 | 6,271 | 520 | ### 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:
For all these reasons, we hold that the decisions under the 1940 Act would not obtain under the 1996 Act, and the... |
Avon Services (Production Agencies) Pvt. Ltd Vs. Industrial Tribunal, Haryana Farldabad Ors | abuses by employers, by suitable verbal devices, circumventing the armour of s. 25F and s. 2(oo). Without speculating on possibilities, we may agree that retrenchment is no longer terra incognita hut area covered by an expansive definition. It means to end, conclude, cease."13. As against this, reference was made to Ma... | 0[ds]. The opinion which the appropriate Government is required to form before referring the dispute to the appropriate authority is about the existence of a dispute or even if the dispute has not arisen, it is apprehended as imminent and requires resolution in the interest of industrial peace and harmony. Section 10(1... | 0 | 6,610 | 2,908 | ### 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:
abuses by employers, by suitable verbal devices, circumventing the armour of s. 25F and s. 2(oo). Witho... |
Arun Kumar Kanoria Vs. United Phosphorous Limited | that all throughout the Petitioner has never moved this Court for taking the Review Petition on board and the execution proceedings are delayed probably because of pendency of this Review Petition. It is only at the request of the other side, the Review Petition is circulated and that is how the Review Petition has bee... | 0[ds]In spite of the same, the present petitioner failed to deposit any amount and in these circumstances, ultimately decree was passed against the petitioneroriginal defendant. The aforesaid decree was passed as back as onand subsequently an application was moved under Order 37 Rule 4 of the Code of Civil Procedure fo... | 0 | 1,528 | 440 | ### 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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that all throughout the Petitioner has never moved this Court for taking the Review Petition on board and the execution pro... |
Dinesh Vazirani Vs. The Principal Commissioner of Income Tax-7 and ors | Apex Court in CIT Vs. Shoorji Vallabhdas and Co. (1962) 46 ITR 144 (SC) page 148 has observed as under: Income-Tax is a levy on income. No doubt, the Income Tax Act takes into account two points of time at which the liability to tax is attracted, viz., the accrual of the income or its receipt; but the substance of the ... | 1[ds]8. Having heard the learned counsel and considering the petition, documents annexed thereto and affidavit in reply, we are satisfied that the impugned order passed by respondent no.1 is not correct and has to be quashed and set aside.9. Respondent no.1 had erred in holding that the proportionate amount of Rs.9,17,... | 1 | 2,597 | 1,463 | ### 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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Apex Court in CIT Vs. Shoorji Vallabhdas and Co. (1962) 46 ITR 144 (SC) page 148 has observed as under: Inco... |
Jai Parkash Etc Etc Vs. Union Territory, Chandigarh Etc Etc | M. R. Shah, J. 1. As common question of law and facts arise in this group of appeals, they are disposed of by this common judgment and order. 2. The relevant facts which are necessary for determination of the present appeals in a nutshell are as under:- 2.1 In all these cases a notification under Section 4 of the Land ... | 1[ds]4. At the outset, it is required to be noted that the High Court has relied upon the sale instances exhibit P--73 and P--74 against which no appeals have been preferred by the Chandigarh Administration. Therefore, the findings recorded by the High Court that the sale instances i.e. exhibit P--73 and P--74 can be b... | 1 | 826 | 260 | ### Instruction:
Assess the case to predict the court's ruling (favorably (1) or unfavorably (0)), and then expound on this prediction by highlighting and analyzing key textual elements from the proceeding.
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M. R. Shah, J. 1. As common question of law and facts arise in this group of appeals, they are dispos... |
Ram Adhar Singh Vs. Ramroop Singh & Others | suits for possession of land, because, before a claim for possession is accepted, the Court will have necessarily to adjudicate upon the right or interest of the plaintiff, in respect of the disputed property, taking into account the claim of the opposite party. Therefore, in our opinion, the suit, instituted by the re... | 1[ds]6. After a consideration of the contentions of both the learned counsel, we are satisfied that the stand taken on behalf of the respondent on both the points cannot be accepted7. We have already extracted the provisions of Section 5 of the Act as it originally stood, and as it now stands, after the amendment in 19... | 1 | 3,224 | 695 | ### 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:
suits for possession of land, because, before a claim for possession is accepted, the Court will have n... |
Saroj Agarwalla(Dead) Thr Lr Abhishek Agrawalla Vs. Yasheel Jain | attorney file a caveat in the Registry in Form No.12. Notice of the filing of the caveat shall be given by the Registrar to the petitioner or his attorney. (Form No.13).… … … … …28. Procedure on affidavit being filed. Upon the affidavit in support of the caveat being filed (notice whereof shall immediately be given by ... | 0[ds]The answer has been provided by learned counsel for the respondents by placing reliance upon paragraph 2 of the judgment of this Court in the case of Ishwardeo Narain Singh v. Kamta Devi (AIR 1954 SC 280 ). This Court pointed out thatCourt of Probate is only concerned with the question as to whether the document p... | 0 | 2,283 | 373 | ### 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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attorney file a caveat in the Registry in Form No.12. Notice of the filing of the caveat shall be given by the Registrar to ... |
Babu Ram Gupta Vs. Sudhir Bhasin & Anr | the person concerned. It is not open to the Court to assume an implied undertaking when there is none on the record. It was on this ground that this Court negatived the plea of contempt of court. It is well settled that while it is the duty of the court to punish a person who tries to obstruct the course of justice or ... | 1[ds]3. A perusal of the order extracted above clearly shows that there was no express direction to the appellant to hand over possession to the receiver although certain directions were given by the Court to the receiver for filing quarterly reports etc. The only direction given to the appellant was that he would not ... | 1 | 3,325 | 515 | ### 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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the person concerned. It is not open to the Court to assume an implied undertaking when there is none on the ... |
Sant Saran Goswami @ Deoji Vs. State Of Bihar And Ors | 1. The appellant is in possession of 15.36 acres of land of Village Baletha under Siwan Prakhand, State of Bihar. Dhanauti Math of Kabir Panth was notified under Section 10(1) of the Bihar Land Reforms (Fixation of Land Ceiling and Acquisition) Act, 1961 (for short, the Act). When the proceedings were initiated, the De... | 0[ds]The main reason on which the contention raised is that the Deputy Collector had declared by his proceedings datedthat the appellant was a separate entity and that independently held the land. It was allowed to become final. Therefore, there were no proceedings pending in consequence of which the abatement had not ... | 0 | 1,003 | 465 | ### 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:
1. The appellant is in possession of 15.36 acres of land of Village Baletha under Siwan Prakhand, State of B... |
Commercial Tax Officer Vs. State Bank Of India | was correct." 30. Thus, the Constitution Bench did not overrule the decision of the Court in Vikas Sales Corporation (supra) holding replenishment licences were goods. The Constitution Bench, however, held that the reliance placed in Vikas Sales Corporation (supra) on the observations in H. Anraj (supra), which was agr... | 0[ds]17. The aforesaid, as is manifest, authorises the SBI to purchase the Exim scrips as an agent of RBI and after payment of the premium at 20% of the value to the holder, the scrip was to be cancelled. Certain formalities were stipulated to be complied by the holder as well as by SBI.The High Court has distinguished... | 0 | 10,337 | 1,472 | ### 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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was correct." 30. Thus, the Constitution Bench did not overrule the decision of the Court in Vika... |
Ekta Shakti Foundation Vs. Govt. Of Nct Of Delhi | power of the High Court under Article 226 cannot be exercised for such a purpose. [See: Secretary, Jaipur Development Authority, Jaipur v. Daulat Mal Jain and others [(1997) 1 SCC 35] . 18. The concept of equality as envisaged under Article 14 of the Constitution is a positive concept which cannot be enforced in a nega... | 0[ds]12. The correctness of the reasons which prompted the Government in decision making, taking one course of action instead of another is not a matter of concern in judicial review and the Court is not the appropriate forum for such investigation18. The concept of equality as envisaged under Article 14 of the Constit... | 0 | 3,461 | 853 | ### Instruction:
Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction.
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power of the High Court under Article 226 cannot be exercised for such a purpose. [See: Secretary, Jaip... |
Kamal Trading Company, Bombay and Others Vs. Gillette U. K. Limited, Middles Sex, England | country to another very rapidly and on extensive scale. The goodwill acquired by the manufacturer is not necessarily limited to the country where the goods are freely available because the goods though not available are widely advertised in newspapers, periodicals, magazines and in other medias. The result is that thou... | 0[ds]In our judgment, none of the submissions are of any merit and the appeal is devoid of any substance8. The first contention urged by Mr. Desai is that the plaintiffs are not entitled to interim relief in view of the fact that the plaintiffs have approached the Court after a considerable delay from the date of the k... | 0 | 4,102 | 1,654 | ### Instruction:
Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text.
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country to another very rapidly and on extensive scale. The goodwill acquired by the manufacturer is not necessarily limi... |
CENTRAL COUNCIL FOR INDIAN MEDICINE Vs. KARNATAKA AYURVEDA MEDICAL COLLEGE AND OTHERS | standard norms. 35. It is further to be noted that in paragraph (10) of the said judgment, this Court had specifically observed that the petitioner therein tried to impress upon that the deficiencies had already been removed and that is why permission was specifically given for the admission of students for the academi... | 1[ds]27. It could thus clearly be seen that Section 13A read with Sections 22 and 36(1)(j) of the said Act provides a complete scheme for establishment of medical college, opening a new or higher course of study or training, including a post-graduate course of study or training, and also increasing the admission capaci... | 1 | 8,247 | 2,082 | ### Instruction:
Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction.
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standard norms. 35. It is further to be noted that in paragraph (10) of the said judgment, this Court h... |
Manohar Pandhari Deulkar Vs. Commissioner, Nagpur Division and Others | such office of profit is not "under the Government of India". He being a Clerk in Coal India Ltd. does not and cannot bring any influence or pressure on him in his independent functioning as a Member of Legislative Assembly. The finding that the respondent was neither a managing agent nor a manager nor a Secretary unde... | 1[ds]14.Once again turning to the facts of the present case on the canvas of the abovelegal scenario, it would be clear that the petitioner; who is an employee of the Western Coalfields Limited which is one of the subsidiaries of Coal India Limited could not be held to be disqualified to hold the post of Councillor of ... | 1 | 3,771 | 324 | ### Instruction:
Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction.
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such office of profit is not "under the Government of India". He being a Clerk in Coal India Ltd. does ... |
NARESH Vs. HEMANT | no evidence that Trimbakrao Ingole alone had constructed the house, a finding patently contrary to the admission of PW-1 in his evidence. The fact that mutation also was done in the name of Trimbakrao Ingole alone which remain unchallenged at any time was also not noticed. The conclusion of the High Court that improper... | 0[ds]7. We have considered the submissions on behalf of the parties, perused the respective pleadings and the evidence on record. The plaintiffs acknowledged the construction of a house on the suit property, seeking a share in the vacant lands fully aware of the nature of the construction which could not be partitioned... | 0 | 2,763 | 728 | ### Instruction:
Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction.
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no evidence that Trimbakrao Ingole alone had constructed the house, a finding patently contrary to the ... |
Ram Parkash Vs. State of Himachal Pradesh | and should be reduced. In that connection an alternative argument was raised to persuade the Court to give the benefit of the probation of Offenders Act of 1958 (hereinafter called the Probation Act) to the appellant. It was observed by the High Court that the provisions of the Act were of such a nature that the matter... | 0[ds]5. The learned counsel for the appellant has sought to raise a number of points before us. These points are :1. The Rule 44 (k) framed under the Act as amended was not placed before the Parliament in accordance with the provisions of Section 23,) of the Act.2. No offence had been made out for contravention of Rule... | 0 | 1,555 | 670 | ### Instruction:
Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences.
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and should be reduced. In that connection an alternative argument was raised to persuade the Court to give the benefit of ... |
K. V. V. Chathukutty Nambiar and Ten Others Vs. Malikkandakath Assainar Haji and Others | SHAH, J.1. In a suit filed by the first respondent in the Court of he Subordinate Judge, Tellicherry, for a decree for Rs. 200/- as rent for 1133 Malayalam Era and Rs. 24, 219.83 as damages for trees felled by one C.P.V. Moideen Hajee under a sale deed executed by Defendants 1 to 4 and one Gopalan Nambiar. The Subordin... | 0[ds]2. In our judgment the High Court was not competent to issue a certificate. It is true that one of the questions in dispute between the parties was determined, viz., the right of the plaintiff to claim damages; but the quantum of damages was not determined, and for determining damages payable by the appellants the... | 0 | 408 | 150 | ### 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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SHAH, J.1. In a suit filed by the first respondent in the Court of he Subordinate Judge, Tellicherry, for a decre... |
Commissioner of Income Tax Gujarat Vs. Elecon Engineering Company Limited | 29.11.1966 recomputed the rebate at Rs.2, 51, 222. The appeal by the assessee to the Appellate Assistant Commissioner was dismissed. The Appellate Tribunal on further appeal by the assessee came to hold:- "There is considerable force in the arguments urged by Sri Talati. In view of the phraseology used in the rules we ... | 0[ds]Average Cost, Computation Period, depreciation and Written Down Value have been defined in sub-rule (6). The High Court is right in saying that the dispute has to be resolved by referring to sub-rules (1), (3), (5) and (6) of Rule 19. The High Court found that the value of assets entitled to depreciation under Rul... | 0 | 1,337 | 427 | ### Instruction:
Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case.
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29.11.1966 recomputed the rebate at Rs.2, 51, 222. The appeal by the assessee to the Appellate Assistant Com... |
Nasik Municipal Corp Vs. M/S R.M. Bhandari | High Court. The executing court was correct in saying that it could not extend time for depositing the cost as the same had been stipulated by the High Court. The High Court has declined to extend the time mainly on the ground that the SLP(C) No.21975 of 2010 filed by the respondents was dismissed as withdrawn and that... | 1[ds]16. Coming to the finding of the High Court that the respondents have lost their right to challenge the order passed by the High Court in Writ Petition No.1077 of 2010, it is true that SLP (C) No.21975 of 2010 was dismissed by this Court on the ground that cost was not deposited by the appellant-corporation. But t... | 1 | 2,685 | 237 | ### 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:
High Court. The executing court was correct in saying that it could not extend time for depositin... |
Karam Chand Vs. Municipal Corporation of Delhi | Fazal Ali, J.1. This appeal by special leave is directed against the judgment of the Delhi High Court, by which the appellant had been convicted under Section 7/16 of the Prevention of Food Adulteration Act and sentenced to six months rigorous imprisonment and a fine of Rs. 1000, in default four months rigorous impriso... | 1[ds]According to the prosecution case the Food Inspector intercepted the appellant who was carrying three cans of milk, one of the cans was labelled as toned milk. The Food Inspector took a sample of the milk and informed the appellant that he had purchased toned milk for the purpose of analysis. Simultaneously, the a... | 1 | 586 | 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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Fazal Ali, J.1. This appeal by special leave is directed against the judgment of the Delhi High Court, by which the appella... |
Arun Bhatiya Vs. HDFC Bank & Ors | Act, which was enacted to protect the welfare and interest of consumers. It will be helpful to look at the specific provisions of law relied upon by the appellant. The relevant provision, namely, section 2(1)(d)(ii) of the 1986, reads as under: (d) consumer means any person who, - (ii) hires or avails of any services f... | 0[ds]16. A two-judge bench of this Court consisting of Justice D K Jain and Justice H L Dattu (as the Chief Justice was then) in Maharashtra State Financial Corporation v. Sanjay Shankarsa Mamarde (2010) 7 SCC 489 observed that the scope of deficiency as defined under clause 2(1)(g) of the 1986 Act is wide and is to b... | 0 | 2,990 | 736 | ### Instruction:
Evaluate the case proceeding to forecast the court's decision (1 for yes, 0 for no), and elucidate the reasoning behind this prediction with important textual evidence from the case.
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Act, which was enacted to protect the welfare and interest of consumers. It will be helpful to look at the s... |
Pricewaterhousecoopers Pvt.Ltd Vs. C.I.T-Kolkata-I | thereon.10. Unfortunately for the assessee, the Assessing Officer thereafter initiated penalty proceedings under Section 271(1)(c) of the Act.11. After obtaining a response from the assessee, the Assessing Officer saddled the assessee with penalty at 300% on the tax sought to be evaded by the assessee by furnishing ina... | 1[ds]18. The fact that the Tax Audit Report was filed along with the return and that it unequivocally stated that the provision for payment was not allowable under Section 40A(7) of the Act indicates that the assessee made a computation error in its return of income. Apart from the fact that the assessee did not notice... | 1 | 1,844 | 706 | ### Instruction:
Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text.
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thereon.10. Unfortunately for the assessee, the Assessing Officer thereafter initiated penalty proceedings under Section ... |
Motilal Chhadami Lal Jain Vs. Commissioner Of Income Tax , Delhi Etc | have held that they represent cases of diversion. That analogy cannot be extended to cases such as the present 15. We would also like, in this context, to refer to section 24(1)(iv) of the Income-tax Act, 1961. It provides for a deduction, in the computation of income from house property, in respect of the amount of an... | 1[ds]We are of the opinion that this contention cannot be accepted. As we have pointed out earlier, the right given to the college to sue the company is only the right to recover part of amount which has already accrued to the assessee. The creation of a charge in favour of the college does not make any difference. It ... | 1 | 5,083 | 1,201 | ### 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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have held that they represent cases of diversion. That analogy cannot be extended to cases such as the present 15. We woul... |
M.M.T.C. Limited and Another Vs. Medchl Chemicals and Pharma Private Limited and Another | it has been held by this Court that the complainant has to be a corporeal person who is capable of making a physical appearance in the court. It has been held that if a complaint is made in the name of an incorporeal person (like a company or corporation) it is necessary that a natural person represents such juristic p... | 1[ds]In the case of Maruti Udyog Ltd. v. Narender (1998 SC 1067) this Court has held that, by virtue of Section 139 of the Negotiable Instruments Act, the court has to draw a presumption that the holder of the cheque received the cheque for discharge of a debt or liability until the contrary is proved. This Court has h... | 1 | 2,380 | 571 | ### 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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it has been held by this Court that the complainant has to be a corporeal person who is capable of making a p... |
Commissioner of Income Tax Vs. Atlas Copco (India) Limited | This appeal is preferred against the judgment of the Bombay High Court dismissing an application filed by the Revenue under sub-section (2) of section 18 of the Companies (Profits) Surtax Act, 1964. The question raised by the Revenue reads as follows"Whether, on the facts and in the circumstances of the case, the Tribu... | 1[ds]The Revenue says that this section corresponds to section 263 of theAct, 1961, before it was amended by the Finance Act, 1988, and the Finance Act, 1989. Even under the unamended section 263, the Revenue says, it has been held that where an appeal is preferred by the assessee to the Appellate Assistant Commissione... | 1 | 611 | 175 | ### 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:
This appeal is preferred against the judgment of the Bombay High Court dismissing an application filed ... |
Rajkumar Mills Ltd Vs. Commissioner of Income Tax, Bombay | Indore offers received from the purchasers in British India. The Appellant informed the Reporters either accepting the said offers or quoting higher rates in which event the purchasers accepted the higher rates and the Reporters intimated to the Appellant that they had sold the goods at those higher rates. This communi... | 1[ds]5.We are of the opinion that these directions were not in accordance with law. In order to arrive at the conclusion that the contract for the sale of goods to the Government of India was entered into in British India it was necessary to establish that the acceptance of the tender was made by the Government in Brit... | 1 | 1,777 | 568 | ### 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:
Indore offers received from the purchasers in British India. The Appellant informed the Reporters eithe... |
Commissioner of Income Tax Vs. Parle Plastics Limited & Another | exceed 50% of the whole. In our view, the expression "substantial part" does not connote an idea of being the "major part" or the part that constitutes majority of the whole. If the legislature really intended that more than 50% of the business of the lending company must come from the business of lending, nothing prev... | 1[ds]Affirming the order of the Tribunal, the Full Bench held that the special deduction under Chapterof the Act, (which includes Sectionhas to be computed on the gross total income determined after all deductions allowable under Sections 30 to 43D of the Act and any device adopted by the assessee to reduce or inflate ... | 1 | 4,914 | 926 | ### 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:
exceed 50% of the whole. In our view, the expression "substantial part" does not connote an idea ... |
State of Bihar Vs. Dr. Yogendra Singh Col. (Retd.) and Others | Government. Whatever assets and properties appertained to the Magadh Medical College became vested in the State Government under sub-section (2) of section 3. Section 3 sub-section (3) provided for devolution of all the liabilities and obligations of Magadh Medical College on the State Government and therefore, if sub-... | 1[ds]We are of the view that it is impossible to sustain the judgment of the High Court. It proceeds upon a complete mis- apprehension of the true meaning and effect of the relevant provisions of sections 3 and 6 of the Act. Sub-section (1) of section 3 provides for taking over of private medical colleges and by virtue... | 1 | 2,690 | 1,197 | ### 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:
Government. Whatever assets and properties appertained to the Magadh Medical College became vested in... |
Jagmal Singh Yadav Vs. M. Ramayya and Others | again after the UPSCs views have been received."22. It is perhaps because of this that Shri Swaran Singh the then Minister for Works &Housing also endorsed the Secretarys proposal, which was in the following terms:"The proposals are in order and may be approved. After U.P.S.C. have been consulted and given their concur... | 0[ds]It is true that rule 23( 1 ) provides for recruitment by selection after consultation with the UPSC. The particular Departmental Promotion Committee (DPC) was presided over by a member from the UPSC. There is Home Ministrys O.M. No. 33/46-Ests(R) dated 17th June, 1947, wherein it has been clearly stated in para 7 ... | 0 | 5,706 | 1,311 | ### 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:
again after the UPSCs views have been received."22. It is perhaps because of this that Shri Swaran Singh the... |
Governor General In Council Vs. Musaddi Lal | the goods were delivered for carriage, and prima facie the suit would be barred for non-compliance of a statutory condition precedent. But the respondent pleaded and the plea has found favour with the High Court that the suit filed by him was for compensation not for loss, destruction or deterioration of the goods, but... | 1[ds]The railway administration being a bailee of the goods delivered for carriage to it is therefore a bailee during the period when the goods remain in its custody for the purpose and in the course of carriage and for the purpose of delivery after the goods are carried to the destination. But the quantum of care whic... | 1 | 1,600 | 158 | ### Instruction:
Speculate on the likely judgment (yes (1) or no (0) to the appeal) and then delve into the case proceeding to elucidate your prediction, focusing on critical sentences.
### Input:
the goods were delivered for carriage, and prima facie the suit would be barred for non-compliance of a statutory conditio... |
State Of Andhra Pradesh & Anr Vs. T. Gopalakrishna Murthi & Ors | the Chief Justices view and refusing to accord the approval is no ground for holding that by a writ of mandamus the Government may be directed to accord the approval. The High Court staff has not always been treated at par with the Secretariat staff in the matters of scales of pay. The matter has been taken up in the C... | 1[ds]On the facts and in the circumstances of this case and in the background of the conditions which are prevalent in other States Government could have been well-advised to accord approval to the suggestion of the Chief Justice, as the suggestion was nothing more than to equate the pay scales of the High Court staff ... | 1 | 2,457 | 396 | ### Instruction:
Judge the probable resolution of the case (approval (1) or disapproval (0)), and elaborate on this forecast by extracting and interpreting significant sentences from the proceeding.
### Input:
the Chief Justices view and refusing to accord the approval is no ground for holding that by a writ of mandam... |
Reserve Bank Of India Vs. S.S. Investments | may remit the award to the arbitrators for correction." 15. While on Russell on Arbitration, we may refer with advantage to the discussion on what constitutes disagreement. It is said (p. 241) "The question what constitutes such a disagreement between arbitrators as will entitle the umpire to make an award ... is one u... | 1[ds]17. Regard must be had, in our view, to the ordinary course of conduct of judicial and arbitration proceedings, especially considering the fact that one of the arbitrators was a former Judge and the other was a member of the Bar. Discussions do ordinarily take place during the course of the arguments between couns... | 1 | 3,814 | 538 | ### 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:
may remit the award to the arbitrators for correction." 15. While on Russell on Arbitration, we may ref... |
DELHI INTERNATIONAL AIRPORT LTD Vs. AIRPORT ECONOMIC REGULATORY AUTHORITY OF INDIA & ORS | and which would consequently lead to higher tariff. Thus, AERA had performed the role of merely approving the books of accounts on the basis of cost incurred. 138. Qua the CSIA, Project Cost increased from Rs. 6130 crores in July 2006 to Rs. 12,380 in 2011. It was contended by FIA that this gap was sought to be met by ... | 0[ds]14. One may observe at this stage that in effect this Court has been made a court of second appeal in similar matters arising out of many such tribunals. This has resulted in a number of contentious matters requiring consideration by this Court. The scenario is different from the SLP jurisdiction where no re-appre... | 0 | 20,752 | 7,139 | ### 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:
and which would consequently lead to higher tariff. Thus, AERA had performed the role of merely approving the books of acc... |
Nahalchand Laloochand P.Ltd Vs. Panchali Co-Op.Hng.Sty.Ltd | areas and facilities in the advertisement as well as the `agreement with the flat purchaser and the promoter is also required to indicate the price of the flat including the proportionate price of the `common areas and facilities. If a promoter does not fully disclose the common areas and facilities he does so at his o... | 0[ds]Re: question nos. (i) and (ii):(A) What isReverting back to the definition of the term `flat under Section 2(a-1), for a `flat within the meaning of this definition clause, the set of premises has to be a separate and self-contained that forms part of the building which is used or intended to be used for residence... | 0 | 10,315 | 2,541 | ### 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:
areas and facilities in the advertisement as well as the `agreement with the flat purchaser and the promot... |
C. V. K. Rao Vs. Dentu Bhaskara Rao | the quantities, at the times in the manner and at the place specified in the notice exercising the said right.(b) Should the right to pri-emption conferred by this present provision be exercised and a vessel chartered to carry the minerals or products thereof procured on behalf of the State Government or the Central Go... | 0[ds]This question can be broken into two which are: (a) whether Cl. 21 can he regarded as a contract and (b) whether it can be regarded as a contract for supply of goods. Clause 21 is invariably inserted in every mining lease. It reserves to the Government the right to the minerals which vest in Government but which a... | 0 | 1,904 | 538 | ### 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 quantities, at the times in the manner and at the place specified in the notice exercising the said right.(b) Should th... |
Ramchandra Vs. Regional Manager United India Insurance Company Ltd | claimant is not entitled to any compensation beyond the extent of liability under the Workmens Compensation Act and the respondent/insurance company had not taken the alternative plea either before the tribunal or the High Court that in case the claimant is held entitled to compensation beyond the extent of liability u... | 1[ds]A perusal of the aforesaid judgment and order of this Court thus indicate that this Court has clearly held that the liability to pay compensation in respect of death or bodily injury to an employee should not be restricted to that under the Workmens Compensation Act but should be more or unlimited. However, the de... | 1 | 5,232 | 591 | ### 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:
claimant is not entitled to any compensation beyond the extent of liability under the Workmens Compensation... |
Ganga Bai Vs. State Of Rajasthan | rightly discarded the same holding that the Police had already identified the place where the dead bodies were dumped. The other circumstantial evidence against the appellant is on the recovery of weapon of offence. It has come in evidence that the recovery was effected only on the basis of the disclosure made by the a... | 0[ds]8. It has come out in the evidence ofi Devi, who is the wife ofh Kumar, the landlord of thel (son of the appellant), thata Bai used to visit thea in her room. The said witness stated that she had seen Sunanda with appellant before her disappearance. It has also come out in her evidence that the appellant, after th... | 0 | 1,999 | 774 | ### 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:
rightly discarded the same holding that the Police had already identified the place where the dead bodi... |
TAPAN SARKAR and Others Vs. STATE OF WEST BENGAL | 1. The three accused-appellants who have been convicted under Section 302/34 IPC and sentenced to undergo rigorous imprisonment for life are in appeal against the order of confirmation of the said conviction and sentence made by the High Court in appeal.2. The prosecution case, in short, is that PW-11 (Dipu Sarkar) was... | 1[ds]6. There is no eye-witness to the occurrence and the entirety of the evidence is circumstantial. The prosecution, undoubtedly, has succeeded in proving that the relationship within the family was not a happy one and PW-11 was continuously abused and shunned for giving birth to a female child. The prosecution witne... | 1 | 882 | 645 | ### Instruction:
Ascertain if the court will uphold (1) or dismiss (0) the appeal in the case proceeding, and then clarify this prediction by discussing critical sentences from the text.
### Input:
1. The three accused-appellants who have been convicted under Section 302/34 IPC and sentenced to undergo rigorous impris... |
U.P. Electric Supply Co. Ltd Vs. R. K. Shukla Anr. Etc | relied upon Sections 6 and 7 of the Indian Electricity Act, 1910, in support of his plea that the liability to pay retrenchment compensation rests upon the undertaking which takes over the undertaking. Section 6 of the Indian Electricity Act, 1910, provides :"(1) Where a license has been granted to pay person, not bein... | 1[ds]By virtue of S.6-R (2) the provisions of the U. P. Industrial Disputes Act, prima facie, apply in the matters of lay-off and retrenchment, because under the Seventh Schedule to the Constitution legislation in respect of "Trade Unions, Industrial and Labour Disputes" falls within Entry 22 of the Concurrent List and... | 1 | 6,196 | 1,193 | ### 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:
relied upon Sections 6 and 7 of the Indian Electricity Act, 1910, in support of his plea that the liability... |
Paramjit Singh Sandhu and Others Etc Vs. Ram Rakha and Others Etc | every time which post has fallen vacant and the recruit from that source has to be confirmed in the post available to the source. This system would breakdown the moment recruitment from either source in excess of the quota is made. In fact a strict adherence to the quota rule at the time of recruitment would introduce ... | 0[ds]This Court in State of Punjab v. Dharam Singh(4); after taking into consideration rule 6(3) of the Punjab Educational Service (Provincialised Cadre) Class III Rules, 1961, which provided for either dispensing with the services of the person appointed t o the post on probation if his work was found to be unsatisfac... | 0 | 5,219 | 1,329 | ### 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:
every time which post has fallen vacant and the recruit from that source has to be confirmed in the post ava... |
Amar Singh Vs. Union of India & Others | and fairly the facts, and the penalty by which the Court enforces that obligation is that if it finds out that the facts have been fully and fairly stated to it, the Court will set aside any action which it has taken on the faith of the imperfect statement." 58. It is one of the fundamental principles of jurisprudence ... | 0[ds]24. In the instant case, the petitioner invoked the extraordinary writ jurisdiction of this Court under Article 32, without filing a proper affidavit as required in terms of Order XIX Rule 3 of the Code. Apart from the fact that the petitioner invoked Article 32, the nature of the challenge in his petition is very... | 0 | 8,826 | 1,385 | ### 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:
and fairly the facts, and the penalty by which the Court enforces that obligation is that if it finds out tha... |
Indian Banks Association Vs. Workmen Of Syndicate Bank | and, therefore, the Tribunal had given the direction, as set out hereinabove, as and by way of a package. He submitted that earlier commission was being paid at a rate of 3.5 per cent by most of the Banks. He pointed out that now, over and above the sum of Rs. 7,500/-, the commission had been reduced to 2 per cent. He ... | 0[ds]In our view, Mr. Sharma was right when he submitted that on the basis of evidence before it the Tribunal has given findings of fact that the Deposit Collectors were workmen within the meaning of Section 2 (develop) of the Industrial Disputes Act. On the evidence on record it could not be said that this finding was... | 0 | 4,637 | 753 | ### 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:
and, therefore, the Tribunal had given the direction, as set out hereinabove, as and by way of a package. He submitted that ... |
Bhavesh Jayanti Lakhani Vs. State Of Maharashtra | SCC 57] , this Court protected the Right to Privacy of a prostitute. It was held that even a woman of easy virtue is entitled to her privacy and no one can invade her privacy as and when he likes. In this case, except giving information in regard to whereabouts of the Appellant and his daughter, no other action was tak... | 0[ds]The CBI has also filed its counter affidavit before this Court stating that the Indian Interpol Wing works as an interface between the Interpol Secretariat General, France, Interpol member countries and various law enforcement agencies of India. One of its functions is to circulate the Red Corner Notice as also Ye... | 0 | 15,573 | 909 | ### 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:
SCC 57] , this Court protected the Right to Privacy of a prostitute. It was held that even a woman of easy virtue is entit... |
Om Prakash Singh Vs. The State of Bihar and Ors | parts of the machine have been replaced by duplicate parts, causing inaccurate results. Hence, the technical expert changed some of the duplicate parts with original parts as they were readily available with him at that time. He promised that he would inform the top officials of the manufacturer about the fiddle play o... | 1[ds]6. Having heard the learned Advocates from both the sides, we find that the High Court is at fault in allowing the petition filed Under Section 482 of the Code of Criminal Procedure without duly appreciating the facts and circumstances of the case and without effectively considering the allegations made in the com... | 1 | 1,817 | 629 | ### 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:
parts of the machine have been replaced by duplicate parts, causing inaccurate results. Hence, the tech... |
State Of Andhra Pradesh Vs. Duvvuru Balarami Reddy | have been a serious controversy in the High Court and it does not appear that the respondents contended that under the terms of the grant to the shrotriemdars the latter were entitled to sub-soil rights. We have already referred to that part of the judgment of the appeal Court which suggests that even the appeal Court ... | 1[ds]There was no dispute as to sub-soil rights in that case, the dispute being confined to surface rights relating to water. The Government contended in that case that the grant to the inamdar was only of the melvaram or the right of the revenue from the lands, while the respondents contention was that the grant carri... | 1 | 3,257 | 665 | ### 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:
have been a serious controversy in the High Court and it does not appear that the respondents contended that... |
G.P. Ceramics Pvt. Ltd Vs. Commissioner, Trade Tax, UP | clear from the fact that in the notification wherever the words "expansion, modernisation or diversification" are used, there are no qualifying words to the effect "in any one unit". In none of the clauses is there any requirement of the investment being in one unit of the industrial undertaking. Words to the effect "i... | 1[ds]We do not see any conflict in the ratio laid down in the aforementioned two decisions. The question of applying the principle of strict or liberal interpretation would arise only when the plain meaning attached thereto is found to be absurd or anomalous. If a plain meaning given to the provision for the purpose of... | 1 | 6,293 | 525 | ### 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:
clear from the fact that in the notification wherever the words "expansion, modernisation or diversification" are used, th... |
M/S. Chhotabhai Jethabhai Patel & Co Vs. State Of Uttar Pradesh | dismissed.6. The appeal which the petitioner firm had filed before the Judge (Appeals) was dismissed and a revision taken against that order was also dismissed but these orders have not been challenged in any proceedings so far.7. The appellant firms contention in the appeal was that the order of the Sales Tax Officer ... | 0[ds]6. The appeal which the petitioner firm had filed before the Judge (Appeals) was dismissed and a revision taken against that order was also dismissed but these orders have not been challenged in any proceedings sowill be apposite at this state to truce the history of the exemption which is claimed by the appellant... | 0 | 1,885 | 461 | ### 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:
dismissed.6. The appeal which the petitioner firm had filed before the Judge (Appeals) was dismissed and a ... |
C. Rajagopalachari Vs. Corporation Of Madras | done under the Government of India Act, 1935, a point already discussed. The learned Judges of the High Court have rejected the argument addressed to them under this head by reference to S. 18 of the Madras General Clauses Act corresponding to S. 24 of the General Clauses Act (Central Act X of 1897).With great respect ... | 1[ds]Being a "pensioner" cannot be a "profession, trade, business or calling" nor could a tax on a person because he is in receipt of a pension be said to be a tax on "employments". The tax therefore under the last portion of S. 111 (1) (b) reading- Profession tax on persons in receipt of any pension or income from inv... | 1 | 5,672 | 1,747 | ### 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:
done under the Government of India Act, 1935, a point already discussed. The learned Judges of the High... |
Kumar Digvijaysinghji Hamirsinghji Vs. Manji Savda & Others | Girasdar for the purposes of the Act, S. 2 (15). It is common case that the appellant is a Girasdar by virtue of the notification of the Saurashtra Government declaring him to be a Girasdar. The Act overrides other laws. Save as otherwise provided in the Act, its provisions have effect, notwithstanding anything inconsi... | 0[ds]Section 18 shows that the Act is intended to confer on the tenant rights and privileges which he does not otherwise enjoy or possess under any usage or law in force or any contract, grant, decree or order of a court or arising in any other way. If the tenant has any right or privilege apart from the provisions of ... | 0 | 2,410 | 503 | ### 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:
Girasdar for the purposes of the Act, S. 2 (15). It is common case that the appellant is a Girasdar by virtue of the notif... |
M/S. Serajuddin & Co Vs. Their Workmen | minerals are ready and all operations incidental to or connected with them are over. This position is not disputed. Therefore, there can be no doubt that under the Mines Act, office of the mine, though situated at the surface of the mine is not necessarily a mine and the employees in the said office cannot necessarily ... | 0[ds]5. On the other hand, if we look at the definition in S. 2(a)(i), it would be noticed that were it was intended to refer to an industry as such, the definition uses the word industry as for instance, it refers to an industrial dispute concerning any such controlled industry as may be specified in this behalf by th... | 0 | 2,659 | 1,482 | ### 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:
minerals are ready and all operations incidental to or connected with them are over. This position is not disputed. Theref... |
Haryana State M.I.Tubewell Corp. Vs. G.S. Uppal | performed by other persons working in the cadre. It is also an admitted position that the qualifications laid down for recruitment in the Corporation are identical to those prescribed in the Departments of the Government. It is further clear that the respondents have continued to work in the pay scale of Rs.2000-3500 w... | 0[ds]16. There is no dispute nor can there be any to the principle as settled in the above-cited decisions of this Court that fixation of pay and determination of parity in duties is the function of the Executive and the scope of judicial review of administrative decision in this regard is very limited. However, it is ... | 0 | 5,411 | 1,298 | ### 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:
performed by other persons working in the cadre. It is also an admitted position that the qualifications laid... |
Abdul Kadir Shamsuddin Bubere Vs. Madhav Prabhakar Oak | We are clearly of opinion that merely because some allegations have been made that accounts are not correct or that certain items are exaggerated and so on that is not enough to induce the court to refuse to make a reference to arbitration. It is only in cases of allegations of fraud of a serious nature that the court ... | 0[ds]If that is so, there could be no objection on this ground to the filing of the arbitration agreement; but even if that is not so, we are of opinion that that is no ground in the circumstances of this case for not referring the dispute to arbitration in accordance with the arbitration clause in the agreement of Feb... | 0 | 5,322 | 2,366 | ### 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:
We are clearly of opinion that merely because some allegations have been made that accounts are not c... |
Shrinivas Krishnarao Kango Vs. Narayan Devji Kango And Others | applicable to adoption by a widow of a deceased coparcener had therefore had therefore no application. It was a case in which the adopted son laid a claim to properties, not on the ground that they belonged to the joint family into which he had been adopted but that they belonged to a collateral to whom he was entitled... | 1[ds]But in the present case, the finding of the Courts is that the income from the lands was not sufficient even for the maintenance of the members, and on that, they were right in holding that the plaintiff had not discharged the initial burden which lay on him. But even it we are to accept the contention of the appe... | 1 | 9,297 | 1,281 | ### 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:
applicable to adoption by a widow of a deceased coparcener had therefore had therefore no application. ... |
Virudhunagar Steel Rolling Mills Limited Vs. Government of Madras | ). It is further contended that Section 12 of the Madras Act is not hit by Article 14. 5. We are of opinion that the preliminary objection must prevail. It is urged on behalf of the petitioner that the decision in the case of Daryao, (1962) l SCR 574 = (AIR 1961 SC 1457 ) shows that it was only when notice had been iss... | 0[ds]is true that this Court said in that case that if a writ petition under Article 226 is dismissed on merits after contest it would bar a petition under Article 32 on the same facts. But the later observations at the same page show that that was not the only case in which there would be a bar of res judicata. Even w... | 0 | 1,733 | 357 | ### 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:
). It is further contended that Section 12 of the Madras Act is not hit by Article 14. 5. We are of opinion that the prelimi... |
Raghubir Singh & Others Etc Vs. State Of Bihar | 1. We have heard the learned advocates for the parties and after hearing them we are of the view that the High Court was in error in dismissing the appeal preferred by the appellant, on the ground of limitation. The appellant was discharged from service on July 27, 1961 and the appeal preferred by him against the order... | 1[ds]2. Now, it is true that the original order of discharge was made on July 27, 1961 but it was taken in appeal to the Commissioner of Bhagalpur Division and then in revision to the Board of Revenue and in further revision to the State Government under Rule 12 of the Rules of 1935. The final order was thus passed by ... | 1 | 669 | 157 | ### Instruction:
Estimate the outcome of the case (positive (1) or negative (0) for the appellant) and then give a reasoned explanation by examining important sentences within the case documentation.
### Input:
1. We have heard the learned advocates for the parties and after hearing them we are of the view that the Hi... |
State of Haryana Vs. State of Punjab & Another | in OS 6 of 1996, it was admitted that the issues referred to in paragraphs 9.1 and 9.2 of the Punjab settlement were referred to the Ravi-Beas Tribunal by Government notification dated 2nd April 1986 and the affirmation of the continued availability of water from the Ravi-Beas system as on 1.7.85 referred to in the not... | 1[ds]The normal rule is that an application for modification of the decree or order is to be made before the Bench which passed the decree or order. Merely because the litigating parties are States, would not alter this position. In any event we are not for the view that any such issue has been raised which requires de... | 1 | 14,346 | 2,857 | ### 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 OS 6 of 1996, it was admitted that the issues referred to in paragraphs 9.1 and 9.2 of the Punjab ... |
Radha Kishan Sao Vs. Gopal Modi and Others | may also apply for permission to withdraw the deposited rent without prejudice to his right to claim decree for ejectment and the court may permit him to do so. The Court may further order recovery of cost of suit and such other com- pensation as may be determined by it from the tenant".10. It is submitted by the defen... | 0[ds]It is clear from the judgment of the High Court that there was no material, without further enquiry, to reach a conclusion contrary to that of the first appellate court with regard to non-compliance with section 11A of thea matter where the first appellate court came to a positive finding in favour of the defendan... | 0 | 2,845 | 1,231 | ### 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:
may also apply for permission to withdraw the deposited rent without prejudice to his right to claim decre... |
Mysore Steel Works Vs. Jitendra Chandra Kar and Others | natural justice, the employers were entitled to lead evidence and the Tribunal had jurisdiction to record that evidence and come to its own conclusion as to the justifiability of the order of dismissal on that evidence. Therefore, it would not be correct to say that the Tribunal exceeded its jurisdiction.10. The questi... | 1[ds]6. From the judgment of the Tribunal it appears that it was at a loss to understand the contradictory certificates issued by the Insurance Medical Officer.It appears that after the hearing of the case was over a letter purporting to be by the Employees State Insurance authorities dated May 11, 1964 was received by... | 1 | 2,927 | 1,184 | ### 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:
natural justice, the employers were entitled to lead evidence and the Tribunal had jurisdiction to record tha... |
ADANI GAS LIMITED Vs. PETROLEUM AND NATURAL GAS REGULATORY BOARD & ORS | the justification provided by the bidders cannot be attacked on the ground that the figures provided did not strictly match the numbers extrapolated from the 2011 Census data. Lastly, the Member Technical (Petroleum and Natural Gas) observed: 51. … Moreover, the calculations have been done by an expert body (the Board)... | 0[ds]43. Our analysis of the CGD Authorisation Regulations, as amended on 6 April 2018, as explained earlier, reveals that the Regulations did not contain any stipulation determining a range of 2 to 100 per cent of the number of households under the 2011 Census as the criterion to evaluate bids. The Regulations in fact... | 0 | 15,800 | 2,555 | ### 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:
the justification provided by the bidders cannot be attacked on the ground that the figures provided did not... |
M/S.Soorajmull Nagarmull Vs. State Of Bihar | 447 and Bhimandas Ambwani vs Delhi Power Company Limited (2013) 14 SCC 195 , the 1981 acquisition stood superseded upon the issuance of the fresh Notifications in 1996. This Court has consistently held that old notifications are superseded and obliterated by subsequent ones, as the subsequent acquisition proceeding man... | 1[ds]Since the acquisition was initiated in 1981, there was no statutory obligation to pass an award within two years, as Section 11A came to be introduced by way of an amendment in 1984. However, upon Section 11A coming into force on 24.9.1984, the Respondent State was under a statutory obligation to pass an Award wit... | 1 | 2,602 | 974 | ### 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:
447 and Bhimandas Ambwani vs Delhi Power Company Limited (2013) 14 SCC 195 , the 1981 acquisition stood superseded upon t... |
State of Madras Vs. Bell Mark Tobacco Company | tobacco is allowed to ferment for about 40 days. Heat is thereby generated and "the tobacco gets well processed". Stalks of tobacco are broken and removed, and sand and dust are removed. After payment of excise duty the bundles of tobacco are brought to the premises of the factory, where chewing tobacco is prepared. "J... | 0[ds]This decision is prima facie determinative of the only question which is raised in these appeals by the State.In the view of the High Court the cumulative effect of the various processes, such as soaking in jaggery water, "shredding of tobacco" and addition of "flavouring essences" to which tobacco was subjected b... | 0 | 1,791 | 449 | ### 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:
tobacco is allowed to ferment for about 40 days. Heat is thereby generated and "the tobacco gets well process... |
R. C. Sharma Vs. The Chief Secretary, Government Of Madhyapradesh, Bhopal & | to as the said undertakings) to the Madhya Pradesh State Industries Corporation (hereinafter referred to as the said Corporation) with effect from 1st day of April 1963. AND WHEREAS from and after the aforesaid date the said undertakings will cease to exist. Now, therefore, it is proposed to transfer your services to t... | 0[ds]The first term made it quite clear that when the employees of the erstwhile undertakings of the State would join the service of the Corporation their subsisting pay and scale and other conditions of service and benefits to which they were entitled at that time would not be affected by the transfer. The case of the... | 0 | 1,267 | 569 | ### Instruction:
Hypothesize the court's verdict (affirmation (1) or negation (0) of the appeal), and then clarify this hypothesis by interpreting significant sentences from the case proceeding.
### Input:
to as the said undertakings) to the Madhya Pradesh State Industries Corporation (hereinafter referred to as the s... |
Seedsman Association, Hyderabad and Others Vs. Principal Secretary to Govt., A.P. and Others | treated were treated and subjected to chemical process for preservation, those grains become commercially known as seeds. If, however, a dealer was found dealing in foodgrains under the garb of seeds, the authorities were not precluded from prosecuting the offender in a criminal Court. The judgment of the High Court wa... | 0[ds]9. The writ petitioner no.1 in the writ petition filed before the High Court (Appellant No.1) in this Civil Appeal) is Seedsman Association, Hyderabad. No details regarding the members of the Association have been given. The only fact stated in the affidavit is that the petitioner association is a society register... | 0 | 2,856 | 464 | ### 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:
treated were treated and subjected to chemical process for preservation, those grains become commercially known a... |
M/S Kaushik Coop.Building Society Vs. N.Parvathamma | Officer v. Goundla Venkaiah & Anr., (2010) 2 SCC 461 , para 20, wherein it was held that the Land Grabbing Act is a self-contained Code which deals with various facets of Land Grabbing and provides for a comprehensive machinery for determination of various issues relating to land grabbing, including the claim of the al... | 1[ds]6. The main point revolves around the principles of res-judicata which is neither against public policy nor res-integra to civil procedure prevailing in our country. The doctrine of res judicata is a wholesome one which is applicable not merely to matters governed by the provisions of the Code of Civil Procedure b... | 1 | 3,325 | 651 | ### 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:
Officer v. Goundla Venkaiah & Anr., (2010) 2 SCC 461 , para 20, wherein it was held that the Land Grabbing Act is a self-c... |
MUNICIPAL CORPORATION OF GREATER MUMBAI Vs. RAFIQUNNISA M. KHALIFA (DECEASED) THROUGH HIS LEGAL HEIR MR. MOHD MUQUEEN QURESHI | erecting of any structure or fixture of any nature such as ¬ wall, fence, rail, post, step, booth upon any street or over any open channel, drain, well or tank in any street which causes obstruction or encroachment or projection or to occupy portion of such street, channel, drain, well or tank as the case may be. Only ... | 1[ds]18. Section 312 of the Act prohibits erecting of any structure or fixture of any nature such as ¬ wall, fence, rail, post, step, booth upon any street or over any open channel, drain, well or tank in any street which causes obstruction or encroachment or projection or to occupy portion of such street, channel, dra... | 1 | 3,039 | 1,076 | ### 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:
erecting of any structure or fixture of any nature such as ¬ wall, fence, rail, post, step, booth upon any street or over ... |
ALL INDIA INSTITUTE OF MEDICAL SCIENCES Vs. SANJIV CHATURVEDI | Benches of the Supreme Court and that was the practice also to be followed by the Supreme Court itself. The practice has now crystallized into a rule of law declared by the Supreme Court. A similar view was taken by the Supreme Court in Bharat Petroleum Corporation Ltd. vs. Mumbai Shramik Sangha & Ors. (2001) 4 SCC 448... | 1[ds]37. It is not in dispute that the impugned order, under challenge in this Court, records the appearance of Shri Rakesh Thapliyal, Additional Solicitor General on behalf of AIIMS as well. Any objection with regard to erroneous recording of appearances, or the authority of the learned Additional Solicitor General of... | 1 | 7,041 | 2,805 | ### 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:
Benches of the Supreme Court and that was the practice also to be followed by the Supreme Court itself. The p... |
SHRI KSHETRIMAYUM MAHESHKUMAR SINGH AND ANR Vs. THE MANIPUR UNIVERSITY AND ORS | in CEIs located in the areas subsequently defined as the Specified north eastern region in the Amendment Act. 30. Once the two provisos were inserted in Section 3 of the Parent Act by virtue of the Amendment Act, the general norms of reservation as laid down in Clauses (i), (ii) and (iii) of Section 3 of the Parent Act... | 0[ds]24. It is noteworthy that the Division Bench of the High Court of Meghalaya did discuss the 234th Report at page 24 of the judgment dated 20th April, 2017, in the context of the reasons offered by the learned Single Judge in the earlier judgment dated 1st September, 2015 wherein it was held that by an inference dr... | 0 | 9,780 | 1,482 | ### Instruction:
Make a prediction on the court's ruling (acceptance (1) or rejection (0) of the petition), and then dissect the proceeding to provide a detailed explanation using key textual passages.
### Input:
in CEIs located in the areas subsequently defined as the Specified north eastern region in the Amendment A... |
Mahatma Education Society'S Pillai'S Institute Of Information Technology, Engineering , Media Studi Vs. All India Council For Technical Education | Anil R. Dave, J. Rule. 2. Looking at the urgency in the matter, at the request of the learned counsel appearing for the parties, the petition has been finally heard.3. The short question involved in this petition is with regard to grant of approval to educational institutions run by the petitioner society. The petition... | 1[ds]It is not in dispute that the petitioner society has been imparting education to students through its colleges for the last 15 years. If approval is not granted, the students, who have already been admitted by an interim order of the High Court for the academic yearwould be put to great inconvenience and difficult... | 1 | 742 | 178 | ### 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:
Anil R. Dave, J. Rule. 2. Looking at the urgency in the matter, at the request of the learned counsel appearing for the pa... |
Baleshwar Dass and Others Etc Vs. State of Uttar Pradesh and Others Etc | touchstone of seniority as that will be indefensible:Confirmation is one of the inglorious uncertainties of government service depending neither on efficiency of the incumbent nor on the availability of substantive vacancies. A glaring instance widely known in a part of our country is of a distinguished member of the j... | 1[ds]So, the order of appointment to the Service is decisive of seniority and the service horoscope of each Assistant Engineer has to be cast with reference to his appointmentnext question then, is, when is an engineer appointed to the Service? When, under the Rules, he becomes a member of the Service. For. until he ga... | 1 | 8,378 | 4,392 | ### 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:
touchstone of seniority as that will be indefensible:Confirmation is one of the inglorious uncertainties o... |
D.S.P., Chennai Vs. K. Inbasagaran | the burden never shifts on to the accused to disprove the charge framed against him. 15. Therefore, the initial burden was on the prosecution to establish whether the accused has acquired the property disproportionate to his known source of income or not. But at the same time it has been held in a case of State of M.P.... | 0[ds]It is true that when there is joint possession between the wife and husband, or father and son and if some of the members of the family are involved in amassing illegal wealth, then unless there is categorical evidence to believe, that this can be read in the hands of the husband or as the case may be, it cannot b... | 0 | 4,295 | 476 | ### 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 burden never shifts on to the accused to disprove the charge framed against him. 15. Therefore, the ini... |
Baradakanta Mishra Vs. Bhimsen Dixit | disregard or disobedience of the courts order; it also signifies such conduct as tends to bring the authority of the court and the administration of law into disrepute.(vide 17 Corpus Juris Secundum pages 5 and 6; Contempt by Edward N. Dangel (1939) Edn. Page 14, Oswalds Contempt of Court (1910) Edn. Pages 5 and 6.)12.... | 0[ds]conduct of the appellant in following the previous decision of the High Court is calculated to create confusion in the administration of law. It will undermine respect for law laid down by the High Court and impair the constitutional authority of the High Court. His conduct is therefore comprehended by the princip... | 0 | 2,355 | 273 | ### 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:
disregard or disobedience of the courts order; it also signifies such conduct as tends to bring the authority of the court... |
Bagri Synthetics Private Ltd Vs. Hanuman Prasad Bagri | Shiva Kirti Singh, J. 1. Appellant is a company against whom a winding up petition filed by the respondent under Sections 433, 434 and 439 of the Companies Act bearing Company Petition No. 112 of 2002 is pending in the High Court at Calcutta. The plea for winding up is based upon just and equitable grounds. In the fact... | 0[ds]3. On hearing the parties we find that the same contention which was raised by the appellant before the Division Bench has been reiterated. We also find no merit in the contentions. There is no infirmity factual or legal in the order of the Division Bench to warrant interference. | 0 | 734 | 57 | ### 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:
Shiva Kirti Singh, J. 1. Appellant is a company against whom a winding up petition filed by the respo... |
National Insurance Co. Ltd Vs. Kusum Rai | a case where the driver was not having a licence at all. It was the obligation on the part of the owner to take adequate care to see that the driver had an appropriate licence to drive the vehicle. The question as regards the liability of the owner vis-Ã -vis the driver being not possessed of a valid licence was consid... | 0[ds]In a case of this nature, therefore, the owner of a vehicle cannot contend that he has no liability to verify the fact as to whether the driver of the vehicle possessed a valid licence or notHowever, in this case the owner has not appeared. The victim was aged only 12 years. The claimants are from a poor backgroun... | 0 | 2,996 | 213 | ### Instruction:
First, predict whether the appeal in case proceeding will be accepted (1) or not (0), and then explain the decision by identifying crucial sentences from the document.
### Input:
a case where the driver was not having a licence at all. It was the obligation on the part of the owner to take adequate ca... |
CHERAN PROPERTIEES LIMITED Vs. KASTURI AND SONS LIMITED | new agreement, no other conclusion then the one that the transaction was in terms of the agreement, entered into between the parties to arbitration can be arrived at. At the sake of repetition, it may be mentioned that the reading of the letter dated 18.8.2004 on which reliance was placed by the third respondent shows ... | 0[ds]Mr Sibal has sought to make a distinction between the provisions of Section 45 and the unamended Section 8. Section 45, forms a part of Part II dealing with the enforcement of foreign awards to which the New York Convention applies. It contemplates a reference by a judicial authority to arbitration at the request ... | 0 | 11,392 | 1,882 | ### 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:
new agreement, no other conclusion then the one that the transaction was in terms of the agreement, entered into between t... |
Bharat Coking Coal Limited Vs. Bibhuti Kumar Singh and Others | within three months. The learned Judge made it clear that if the enquiry was not completed within three months the charges levelled against the petitioner/Respondent 1 should be deemed to be withdrawn and the entire disciplinary proceeding quashed. The learned Judge, however gave liberty to the parties to mention the m... | 1[ds]13. Having gone through the material placed before us we are unable to accept the contentions raised by Respondent 1 relying upon the final report, firstly, because, the misconducts and for that matter, the allegations on which they are based, are not confined to only acquisition of assets disproportionate to the ... | 1 | 1,982 | 266 | ### 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:
within three months. The learned Judge made it clear that if the enquiry was not completed within... |
M/s. Hochtlef Gammon Vs. State of Orissa and Others | and that is a matter to be determined by looking at the Act and its scope and object in conferring a discretion upon the Minister rather than by the use of adjectives." .... a decision of the Minister stands on quite a different basis; he is a public officer charged by Parliament with the discharge of a public discreti... | 1[ds]It is apparent from their reply that the Government had not applied their mind to the facts placed before them. There was at least an arguable case on the point as to who was liable to pay the bonus and in that case the company would have been a necessary and appropriate party. Even if the Government thought that ... | 1 | 6,650 | 966 | ### 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:
and that is a matter to be determined by looking at the Act and its scope and object in conferring a discreti... |
United Bank Of India Vs. Naresh Kumar | for consideration is whether the plaint was duly signed and verified by a competent person. 9. In cases like the present where suits are instituted or defended on behalf of a public corporation, public interest should not be permitted to be defeated on a mere technicality. Procedural defects which do not go to the root... | 1[ds]11. The courts below could have held that Shri L.K. Rohatgi must have been empowered to sign the plaint on behalf of the appellant. In the alternative it would have been legitimate to hold that the manner in which the suit was conducted showed that the appellant-Bank must have ratified the action of Shri L.K. Roha... | 1 | 2,147 | 544 | ### Instruction:
Determine the likely decision of the case (acceptance (1) or rejection (0)) and follow up with an explanation highlighting key sentences that support this prediction.
### Input:
for consideration is whether the plaint was duly signed and verified by a competent person. 9. In cases like the present whe... |
People'S Union For Civil Liberties &Anr Vs. Union Of India | nor do they impose any excessive burden or restriction on the right of the accused; that similar provisions are found in Section 37 of the NDPS Act 1985 and in Section 10 of the UP Dacoity Affected Areas Act; that on a true construction of Section 49(6) and (7) it is not correct to conclude that the accused cannot appl... | 0[ds]50. Mens rea by necessary implication could be excluded from a statue only where it is absolutely clear that the implementation of the object of the Statue would otherwise be defeated. Here we need to find out whether there are sufficient grounds for inferring that Parliament intended to exclude the general rule r... | 0 | 13,746 | 4,236 | ### 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:
nor do they impose any excessive burden or restriction on the right of the accused; that similar provisions are found in Se... |
Sabarkantha Zilla Kharid Vechan Sangh Limited Vs. Commissioner of Income Tax | included in the gross total income of the assessee, then notwithstanding anything contained in that section for the purpose of computing the deduction under that section, the amount of income of that nature as computed in accordance with the provisions of this Act (before making any deduction under this Chapter) shall ... | 0[ds]10. When, we come to Section 66, it requires that in computing the total income of an assessee, there shall be included all income on which no income tax is payable under Chapter VII thereof. What needs to be noticed here is, that clause (45) of Section 2 defines total income as the total amount of income referred... | 0 | 3,963 | 908 | ### 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:
included in the gross total income of the assessee, then notwithstanding anything contained in that section for the purpos... |
BABULAL VARDHARJI GURJAR Vs. VEER GURJAR ALUMINIUM INDUSTRIES PVT LTD & ANR. | of an application under Section 7 is to commence from the date of commencement of the Code itself. Similarly, nothing provided in the Limitation Act could be taken as the basis to support the proposition so stated by the Appellate Tribunal. In fact, such observations had been in the teeth of law declared by this Court ... | 0[ds]19. The expositions abovementioned make it clear that the Insolvency and Bankruptcy Code, 2016 has been enacted to consolidate and amend the laws relating to reorganisation and insolvency resolution of corporate persons and other entrepreneurs in a time bound manner so as to ensure maximisation of value of assets ... | 0 | 22,109 | 3,899 | ### 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:
of an application under Section 7 is to commence from the date of commencement of the Code itself. Similarly, nothing prov... |
R. Chandran Vs. M.V. Marappan | to 26 refer to various disqualifications for membership which do not arise in this case. Under Section 30 the president shall be elected by the persons whose names appear in the electoral roll for the panchayat from among themselves.6. In (1955) 1 SCR 267 =(AIR 1954 SC 520 ) (supra) this Court observed :"In other words... | 1[ds]The laws of various States regarding the preparation of electoral rolls for various local bodies in the States proceed on the basis of the electoral rolls prepared for the concerned Legislative Assembly constituency. Therefore all the decisions of this Court regarding the finality of the electoral roll apply direc... | 1 | 2,550 | 475 | ### 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:
to 26 refer to various disqualifications for membership which do not arise in this case. Under Section 30 the president sha... |
Kailash Kumar Sanwatia Vs. State Of Bihar | from the bank through the insurance company. 4. Ten witnesses were examined to substantiate the prosecution case. The Trial Court placing reliance on their evidence found that only respondent no. 2-Gautam Bose and Ganaori Sao were guilty of offences punishable under Section 409 IPC read with Section 34 IPC and were sen... | 0[ds]10. In the instant case even if it was proved as contended by learned counsel for the appellant, that money was entrusted which fact is borne out by the admitted case about missing of money from the cash counter of the bank, one factor which needs to be decided is whether the accused had dishonestly misappropriate... | 0 | 1,548 | 299 | ### Instruction:
Predict whether the case will result in an affirmative (1) or negative (0) decision for the appeal, and then provide a thorough explanation using key sentences to support your prediction.
### Input:
from the bank through the insurance company. 4. Ten witnesses were examined to substantiate the prosecu... |
Gangadhar Madhavrao Bidwai Vs. Hanmantrao Vyankatrao Mungale | R.M. Sahai, J. 1. The only question that arises for consideration is whether the recital in a Deed of Dissolution of partnership, Ext. 48, that Survey Plot No. 699 was a partnership property was admissible in evidence. 2. Both the plaintiff-appellant and defendant-respondent were partners in Messers Maharashtra Metal M... | 1[ds]It was found by the High Court and could not be disputed by the respondent that if plot no. 699 was held to be a partnership property then it did not require registration. It is true that this plot was purchased in 1955 by the respondent alone, but he was not precluded in law from bringing it in the partnership. T... | 1 | 1,095 | 307 | ### 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:
R.M. Sahai, J. 1. The only question that arises for consideration is whether the recital in a Deed of Dissolution of partn... |
BALBIR SINGH Vs. NEW INDIA ASSURANCE CO. LTD | 1. Leave granted. 2. The appellant who was working as a driver in a truck owned by the second respondent met with an accident on 15th September, l982 at 11.30 a.m. on the Jaipur highway. While he was alighting from the truck which was being driven by him, he was hit by another truck which was coming from behind, which ... | 1[ds]The High Court went wrong in setting aside the order of the Commissioner on the ground that there was no discussion regarding limitation and no reasons were given by the Commissioner to condone the delay. There is a clear finding by the Commissioner that the first respondent did not repudiate the contract and henc... | 1 | 553 | 108 | ### 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:
1. Leave granted. 2. The appellant who was working as a driver in a truck owned by the second respondent me... |
Orient Weaving Mills (P) Ltd Vs. The Union Of India | petitioners, asking for a declaration that the levy of excise duty on the piece-goods produced by the petitioners be declared to be unconstitutional. It is one thing to attack the constitutionality of the provisions of the Act authorising the levy of the excise duty on the petitioners; it is quite a different thing to ... | 0[ds]7. In pursuance of the powers conferred on the Central Government by sub-r. (1) of R. 8, the notifications referred to above were issued by the Central Government. By virtue of S. 38 of the Act, all rules made and notifications issued by the Central Government as aforesaid, are required to be published in the offi... | 0 | 4,300 | 1,191 | ### 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:
petitioners, asking for a declaration that the levy of excise duty on the piece-goods produced by... |
Mangu and Another Vs. State of Rajasthan | GOSWAMI, J.1. The two appellants along with four others were convicted by the Sessions Judge, Bhilwara, under Sections 147, 452/149 and 325/149 I.P.C. and sentenced to imprisonment and fine. The High Court on appeal acquitted four of them and maintained the conviction and sentence of the two appellants who were involve... | 1[ds]5. Rule 2 of Order 21 is, by itself, mandatory. The fact that its compliance may be excused by the Court in appropriate cases does not affect the mandatory character of the rule.6. There is no application by the appellants showing sufficient cause for exempting them from compliance with the requirement of theenoug... | 1 | 747 | 173 | ### 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:
GOSWAMI, J.1. The two appellants along with four others were convicted by the Sessions Judge, Bhilwara, under Sections 147... |
State Of Haryana Vs. Mohan Lal & Ors | When a committee is so superseded, the following consequences shall ensue:-(a) ............(b) all powers and duties of the committee may, until the committee is reconstituted, be exercised and performed but such persons as the State Government may appointment in that behalf."7. Fresh elections of the Municipal Committ... | 1[ds]10. Coming to the first point decided by the High Court, it seems to us that section 4-A of the Act was not brought to its notice and if it had been brought to its notice the High Court may well have come to the contrary1 (3) and section 4A of the Act, and section 238 of the Punjab Municipal Act,Section 4A of the ... | 1 | 1,881 | 354 | ### 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:
When a committee is so superseded, the following consequences shall ensue:-(a) ............(b) al... |
Nanchand Gangaram Shetji Vs. Mallappa Mahalingappa Sadalge | 1953, on which the plaintiffs cause of action arose, even the partnership was not in existence, the same having stood dissolved since April 20, 1951.39. Mr. Datar next contends that even if the joint status of the family stood disrupted from November, 1945, then also, on the principle of Section 45, Partnership Act, th... | 0[ds]33. In our opinion, it was not unreasonable to hold that the recital in this resolution with regard to defendant No. 2 being the authorised manager of the joint family, was made as a matter of expediency, did not discount the case of defendant No. 4 that the joint family had disrupted on November 4, 1945.In view o... | 0 | 6,166 | 483 | ### 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:
1953, on which the plaintiffs cause of action arose, even the partnership was not in existence, the same hav... |
Sobhraj Odharmal Vs. State Of Rajasthan | question whether any fundamental right of the petitioner in the writ petition, to carry on business was infringed by the State Transport Undertaking plying its vehicles without obtaining permits under Section 42(1). The scheme was by order dated March 23, 1962 of the Legal Remembrancer who was invested with authority t... | 0[ds]The High Court, without issuing rule upon the State and the Transport Authorities, dismissed the petition, holding that Rule 7 (4) was not ultra vires the Motor Vehicles Act, and that it was difficult, on the material placed before the Court, to hold that the Legal Remembrancer had not in fact determined the quest... | 0 | 4,050 | 370 | ### 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:
question whether any fundamental right of the petitioner in the writ petition, to carry on business was infringed by the S... |
Zohrabi Vs. Arjuna and Others | Gupta, J. This appeal arises out of a proceeding for ejectment under the Hyderabad Tenancy and Agricultural Lands Act, 1950. The only question for consideration is whether the proviso to sub-section (1) of Section 28 of the Act as amended in 1960 would apply to this case. Section 28(1) of the Act reads : Where a tenanc... | 0[ds]3. The only point urged on behalf of the appellant is that the amended Section 28 requiring the landholder to give notice to the tenant within a period of six months of each default was not applicable to the case because the tenant having defaulted in payment of rent for three years before the amended proviso to S... | 0 | 798 | 246 | ### 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:
Gupta, J. This appeal arises out of a proceeding for ejectment under the Hyderabad Tenancy and Agricultural Lands... |
Delhi Cloth & General Mills Co. Ltd Vs. State Of M.P. And Others | filing a revision before the Sessions Court and also in the High Court. He was unsuccessful before both the courts below. Thus, this appeal by special leave 4. Learned counsel for the appellant candidly admitted that on 24-3-1964, i.e., the date on which the sample of the adulterated article of food was sold, the appel... | 0[ds]7. A reading of Section 20-A clearly indicates that during the course of the trial for any of the offences under the Act alleged to have been committed by any person, if the evidence adduced before the court discloses that the manufacturer, distributor or dealer is also concerned with that offence, then the court ... | 0 | 1,343 | 626 | ### 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:
filing a revision before the Sessions Court and also in the High Court. He was unsuccessful before both the courts below. ... |
Triveni Engg. & Inds. Ltd Vs. Commr. Of Central Excise | by a foundation at the site of the sugar factory and it was not capable of being sold as it is, without anything more. Bharucha, J. speaking for the Court, observed : "The erection and installation of a plant is not excisable and to so hold would, impermissibly, bring into the net of excise duty all manner of plants an... | 1[ds]20. Further, in the instant case, it is a common ground that a turbo alternator comes into existence only when a steam turbine and alternator with all their accessories are fixed at the site and only then it is known by a name different from the names of its components in the market. The Tribunal recorded the find... | 1 | 3,409 | 693 | ### 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:
by a foundation at the site of the sugar factory and it was not capable of being sold as it is, without anything more. Bha... |
Suba Singh Vs. Mahendra Singh & Others | the U. P. Land Revenue Act 1901, shall be final and conclusive. Of course, if the allottee is not able to take possession, the assistant consolidation officer is empowered to deliver such Then there is a comprehensive provision. Section 49, which bars the civil courts jurisdiction and runs as follows:"49. No person sha... | 0[ds]9. Now let us examine whether the matter falls within the exclusionary ambit of clause (2) of S. 49. The question further resolves itself into, whether the consolidation authorities had the jurisdiction to determine finally this complicated question of title when the cause of action had arisen subsequently to the ... | 0 | 2,242 | 470 | ### 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:
the U. P. Land Revenue Act 1901, shall be final and conclusive. Of course, if the allottee is not able ... |
Sri Rameshwar Yadav & Others Vs. The State of Bihar & Another | his personal attendance necessary, he may, if he thinks fit and for reasons to be recorded by him, either adjourn such inquiry or trial, or order that the case of such accused be taken up or tried separately.” 7. The Magistrate has rejected the application filed under Section 205 Cr.P.C. on different grounds as noticed... | 1[ds]10. The observation of the High Court that the accused has filed application under Section 205 Cr.P.C. at a subsequent stage after appearing before the court is factually incorrect. The application was filed by the accused under Section 205 Cr.P.C. on 17.01.2013. Thus, the application under Section 205 Cr.P.C. was... | 1 | 1,919 | 822 | ### 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:
his personal attendance necessary, he may, if he thinks fit and for reasons to be recorded by him, ei... |
Damji Valji Shah And Another Vs. Life Insurance Corporation Of India & Ors | effective particulars of every policy under which there is a liability either actual or contingent have been furnished to the actuary for the purpose of investigation.29. Section 15 requires the submission of the aforesaid abstract to the Controller within the specified period. Part II of the Fourth Schedule requires t... | 0[ds]22. We are, therefore, of opinion that the Tribunal had jurisdiction to continue the proceedings after November 9, 1959 when the company was ordered to be wound up and that the provisions of S. 446. Companies Act, or S. 11 (a), L. I. C. Act, do not in any way affect its jurisdiction to continue the proceedings.23.... | 0 | 5,911 | 1,421 | ### 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:
effective particulars of every policy under which there is a liability either actual or contingent have been ... |
Kuchiyan Govinda Swami Vs. Kalliani Amma Lekshmi Amma And Ors | ground that he was a Kuzhikanamdar or alternatively, the holder of a kudiyiruppu, and, therefore, a tenant within the meaning of S. 2 (50) (i) (e) read with S. 2 (22) and S. (50) (i)(j) read with S. 2 (21) of Act IV of 1961. The High Court negatived this contention, and dismissed the appeal. the appellant now appeals t... | 0[ds]3. The deed of 1921 was styled otti kuzhikanam deed. In Malabar, the word "otti" in the context of the deed designates a possessory mortgage. According to Wilsons Glossary of Judicial and Revenue Terms, "Kurikanam" means "compensation allowed for the value of tress planted, or other improvements made by the tenant... | 0 | 1,437 | 625 | ### Instruction:
Project the court's decision (favor (1) or against (0) the appeal) based on the case proceeding, and subsequently give an in-depth explanation by analyzing relevant sentences from the document.
### Input:
ground that he was a Kuzhikanamdar or alternatively, the holder of a kudiyiruppu, and, therefore,... |
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