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Judgment Search Results Home > Cases Phrase: mediation Court: supreme court of india Year: 1953 Page 1 of about 19 results (0.092 seconds)

Dec 08 1953 (SC)

Chilukuri Venkateswarlu Vs. Chilukuri Venkatanarayana

Court : Supreme Court of India

Decided on : Dec-08-1953

Reported in : AIR1954SC176; (1954)IMLJ152(SC); [1954]1SCR424

..... separation agreement. such an inference not only goes against the tenor or the express terms of the documents but is not borne out even by the evidence of the mediators through whose mediation the documents were brought into being or of the persons who were admittedly present at the time when the documents were executed and signed the same as attesting witness ..... , says in his deposition that the documents were read over to the executant and be executed them after consenting to the recitals, p.w. 5, who was one of the mediators, says that defendant no. 2 used to live in the mud-terraced house after compromise. unless there is cogent evidence to the contrary - and apparently there is no such evidence ..... . it appears that, before this application for leave to sue as a pauper was heard by the court, there was an amicable settlement arrived at between the parties through the mediation of certain well-wishers and two documents, namely exs. p-5 and p-6, were executed by and between the parties both on the 28th september, 1942. exhibit p-5 .....

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Oct 09 1953 (SC)

Commissioner of Income-tax Vs. Kikabhai Premchand

Court : Supreme Court of India

Decided on : Oct-09-1953

Reported in : [1953]24ITR506(SC)

bose, j.1. this is an appeal by an assessee against a judgment and order of the high court at bombay delivered on a reference made by the income-tax appellate tribunal. the bombay high court refused leave to appeal but the assessee obtained special leave from this court.2. the appellant deals in silver and shares and a substantial part of his holding is kept in silver bullion and shares. his business is run and owned by himself. his accounts are maintained according to the mercantile system. it is admitted that under this system stocks can be valued in one of two ways and provided there is no variation in the method from year to year without the sanction of the income-tax authorities an assessee can choose whichever method, that is to say, the cost price of the stock was wnterred at the beginning of the year and not its market value and similarly the cost price was again entered at the close of the year of any stock which was not disposed of during the yeaar. the entries on the one side of the accounts at the beginning of the year thus balance those on the other in respect of these items with the result that so far as they are concerned the books show neither a profit nor a loss on them. this was the method regularly employed and it is admitted on all hands that this was permissible under this system of accounting.3. the accounting year with which we are concerned is the calendar year 1942. the silver bars and shares lying with the appellant at the beginning of the year were .....

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Oct 26 1953 (SC)

Wali Singh Vs. Sohan Singh

Court : Supreme Court of India

Decided on : Oct-26-1953

Reported in : AIR1954SC263

jagannadhadas, j. 1. this appeal arises out of a suit for declaration that the property, details of which are given in. the plaint, are jointly possessed and owned by the plaintiff and the defendant, the plaintiff owning 3/4th share and defendant 1/4th share. the suit was decreed by the trial court. but on appeal, the high court of punjab reversed the decree. hence the appeal to this court. the facts out of which this litigation arises are as follows:2. the suit properties admittedly belonged to one kahan singh who is the common ancestor of both the parties. the following pedigree shows the relationship:kahan singh|-----------------------------------| |kirpal singh mohar singh| -----------|shiv singh|------------------------- | |wali singh pritam singh(plaintiff) |sohan singh (deft.) the plaintiff, wali singh, son of shiv singh was admittedly adopted by kirpal singh. the-dates of birth and adoption of wali singh were both matters in dispute in the suit. but it was found by the trial court that wali singh was born on 2-3-1904, during the life-time of kahan singh and that he was adopted on 24-8-1918, long after kahan singh's death which occurred on 12-11-1906. these findings have been accepted by the appellate court and are no longer in dispute before us. kahan singh left him surviving only one of his sons, kirpal singh and two great-grandsons, wali singh and pritam singh, sons of shiv singh. both mohar singh and shiv singh predeceased him.on kahan singh's death there was .....

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Mar 16 1953 (FN)

Heikkila Vs. Barber

Court : US Supreme Court

Decided on : Mar-16-1953

..... history 311, 325. [ footnote 8 ] ludecke v. watkins, 335 u. s. 160 (1948); american federation of labor v. labor board, 308 u. s. 401 (1940); switchmen's union v. national mediation board, 320 u. s. 297 (1943); stark v. wickard, 321 u. s. 288 (1944). [ footnote 9 ] the senate committee said, "the last [finality] provision, while new in this particular location .....

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Jan 23 1953 (SC)

ThakuraIn Raj Rani and ors. Vs. ThakuraIn Dwarka Nath Singh and ors.

Court : Supreme Court of India

Decided on : Jan-23-1953

Reported in : AIR1953SC205; [1953]4SCR913

bhagwati, j. 1. this is an appeal from the judgment and decree passed by the late chief court of oudh, affirming the judgment and decree passed by the civil judge of sitapur, dismissing the plaintiffs' suit. 2. one, thakur shankar bux singh, proprietor of the estate known as rampur kelan, situated in district sitapur (oudh) was heavily indebted and the estate had been in the possession of deputy commissioner of sitapur as receiver from 1892 up to 11th july, 1901. thereafter he was declared a disqualified proprietor under the provisions of 8(d)(1) of the u.p. court of wards act (u.p. act iii of 1899) and the court of wards took possession of the estate on the 1st august, 1901. under section 34 of the act he was not competent to dispose his property by will without the consent in writing of the court of wards, though prior to the 1st august, 1901, he had made four successive wills, the last being dated 19th june, 1901, under which he gave his estate absolutely to his wife. on the 30th november, 1901, he made a will giving a life interest to his wife and the remainder over to his cousin ganga bux singh after providing for certain legacies by way of maintenance in favour of his three daughters, his father's sister and his mother. the court of wards withheld its consent to this will which thus fell through. on the 7th january, 1904, ganga bux singh executed in his favour a registered deed of agreement agreeing to pay him rs. 50 per month during his lifetime with effect from the .....

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Oct 14 1953 (SC)

C.N. Arunachala Mudaliar Vs. C.A. Muruganatha Mudaliar and anr.

Court : Supreme Court of India

Decided on : Oct-14-1953

Reported in : AIR1953SC495; 1954(2)BLJR1; (1953)IIMLJ796(SC); [1954]1SCR243

mukherjea, j.1. this appeal, which has come before us on special leave, is directed against a judgment and decree of a division bench of the madras high court dated december 13, 1949, affirming, with slight modification, those of the subordinate judge, coimbatore, passed in o.s. no. 138 of 1945. 2. the suit was commenced by the plaintiff, who is respondent no. 1 in this appeal for specific allotment, on partition, of his one-third share in the properties described in the plaint, on the allegation that they were the joint properties of a family consisting of himself, his father the defendant no. 1, and his brother, the defendant no. 2, and that he was entitled in law to one-third share in the same. it appears that the plaintiff and defendant no. 2, who are two brothers, are both sons of defendant no. 1 by his first wife who predeceased her husband. after the death of plaintiff's mother, the defendant no. 1 married again and his second wife is defendant no. 3 in the suit. the allegations in the plaint, in substance, are that are the step-mother came into the house, the relation between the father and his sons became strained and as the father began to assert an exclusive title to the joint family property, denying any rights of his sons thereto, the present suit had to be brought. the properties in respect of which the plaintiff claims partition are described in schedule b to the plaint. they consist of four items of agricultural land measuring a little over 5 acres in the .....

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Dec 16 1953 (SC)

D.R. Madhavakrishnaiah Vs. the Income-tax Officer, Bangalore

Court : Supreme Court of India

Decided on : Dec-16-1953

Reported in : AIR1954SC163; [1954]25ITR72(SC); [1954]1SCR537

patanjali sastri, c.j.1. the two connected appeals arise out of applications made to the high court of judicature at bangalore under article 226 of the constitution challenging the jurisdiction of the income-tax officer, special survey circle, bangalore, to assess the appellant to income-tax and super-tax on his income accruing prior to april 1, 1950, in the state of mysore and praying for the issue of appropriate writs in that behalf. the applications were dismissed by the court and leave to appeal having been refused, the appellant has brought these appeals by special leave of this court. 2. it is a matter of admission that the officer making the assessments was an officer appointed under the indian income-tax act, 1922, and that in making such assessments he has applying the income-tax law in force in the state of mysore down to the end of the year of account 1948-49. the officer was exercising jurisdiction in the state by virtue of the proviso to section 13 of the indian finance act, 1950, which reads as follows :- repeals and savings. - (1) if immediately before the 1st day of april, 1950, there is in force in any part b state other than jammu and kashmir or in manipur, tripura or vindhya pradesh or in the merged territory of cooch-behar any law relating to income-tax or super-tax on profits of business, that law shall cease to have effect except for the purposes of the levy, assessment and collection of income-tax and super-tax in respect of any period not included in .....

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May 22 1953 (SC)

NaIn Sukh Das and anr. Vs. the State of Uttar Pradesh and ors.

Court : Supreme Court of India

Decided on : May-22-1953

Reported in : AIR1953SC384; (1953)IIMLJ257(SC); [1953]4SCR1184

patanjali sastri, c.j.1. this is an application under article 32 of the constitution seeking protection of the petitioners' fundamental right under article 15(1) against alleged violation thereof by the respondents. 2. the petitioners are three residents of etah in uttar pradesh. they complain that at the by-elections to the municipal board of etah held on november 2, 1951, december 8, 1951, and march 17, 1952, at which respondents 4, 11 and 12 were respectively elected, the petitioners were deprived of their rights to exercise their votes and to seek their election as candidates, as those by-elections were held on communal lines on the basis of separate electorates contrary to the provisions of the constitution. they also allege that the nomination of respondent 3 as a member of the board by the government was an illegal exercise of its powers, as the interest which that respondent was nominated to represent in the board was already sufficiently represented. the petitioners accordingly pray for the issue of writs of quo warranto, mandamus and other appropriate writs or directions to respondents 3, 4, 11 and 12 to show under what authority they are acting as members of the board and to prevent them from acting as such members. the petitioners also ask for writs on the district magistrate and the civil judge of etah, respondents 2 and 13 respectively, directing them not to hold or permit the holding of any meeting of the board which is said to be illegally constituted. 3. now, .....

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Feb 05 1953 (SC)

Rizwan-ul-hasan and anr. Vs. the State of Uttar Pradesh

Court : Supreme Court of India

Decided on : Feb-05-1953

Reported in : AIR1953SC185; 1953CriLJ911; [1953]4SCR581

mahajan, j.1. this is an appeal by special leave from the judgment and order dated the 16th april, 1951, of the allahabad high court in criminal miscellaneous petition no. 17 of 1950. the two appellants are members of the uttar pradesh civil service. in march, 1950, appellant no. 1 (rizwan-ul-hasan) was posted as district magistrate, jalaun, and appellant no. 2, mohammad munawar, was posted as a magistrate in the same district, having officiated as district magistrate for some time in the early part of march, 1950. 2. on 2nd march, 1950, one phundi singh commenced proceedings under section 145 of the code of criminal procedure in the court of the sub-divisional magistrate of jalaun on the allegation that kedarnath and matadin were about to cut his standing crop by force and that there was an imminent danger of a breach of the peace. the magistrate issued notices to the parties complained against and ordered attachment of the standing crop. 3. on 4th march, 1950, one shriram, brother of kedarnath, filed a counter application before the court making certain allegations against one thakur pratap singh, said to be the real person behind the proceedings commenced by phundi singh. kedarnath and matadin, the respondents in phundi singh's application, also filed an application similar to that of shriram before the district magistrate on the same date. this application was accompanied by a recommendatory letter written to the district magistrate by lalla ram dwivedi, secretary, .....

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Feb 27 1953 (SC)

Saraswathi Ammal Vs. Jagadambal and anr.

Court : Supreme Court of India

Decided on : Feb-27-1953

Reported in : AIR1953SC201; (1953)IMLJ697(SC); [1953]4SCR939

mahajan, j.1. one thangathammal who was a dasi (dancing girl) lived in the tanjore district in madras state and died possessed of some properties. she left her surviving three daughters, saraswathi, jagadambal and meenambal. jagadambal filed the suit out of which this appeal arises against her sisters for partition of the movable and immovable properties set out in the plaint and for allotment of a third share to her therein. she alleged that her mother was married to one thyagaraja pillai, that the properties in suit were the stridhanam properties of her mother who died intestate on 26th july, 1943, and that according to the law or custom of the community to which the parties belonged she and her sisters were entitled to share equally the properties of her mother. 2. saraswathi ammal, the 1st defendant contested the suit. she pleaded that her mother was not a married woman but a dasi who followed her hereditary occupation and was attached to shri saranatha perumal temple at tiruchuraj in the tanjore district, that of the three daughters the plaintiff and the 2nd defendant married and lived with their husbands, while she (1st defendant) was duly initiated as a dasi in the said temple and remained unmarried and that according to the law and custom of the community, the mother's property devolved solely on her to the exclusion of the plaintiff and the 2nd defendant. the 2nd defendant supported the 1st defendant's case. the material issue in the suit was issue no. 1 which was in .....

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