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Judgment Search Results Home > Cases Phrase: mediation Court: supreme court of india Year: 1956 Page 1 of about 20 results (0.077 seconds)

Dec 20 1956 (SC)

H.H. Raja Harinder Singh Vs. S. Karnail Singh

Court : Supreme Court of India

Decided on : Dec-20-1956

Reported in : AIR1957SC271; [1957]1SCR208

venkatarama aiyar, j. 1. the appellant was one of the candidates who stood for election to the legislative assembly of the patiala and east punjab states union from the faridkot constituency in the general elections held in 1954. he secured the largest number of votes, and was declared duly elected. the result was notified in the official gazette on february 27, 1954, and the return of the election expenses was published therein on may, 2, 1954. on may 18, 1954, the first respondent filed a petition under s. 81 of the representation of the people act no. xliii of 1951, hereinafter referred to as the act, and therein he prayed that the election of the appellant might be declared void on the ground that he and his agents had committed various corrupt and illegal practices, of which particulars were given. the appellant filed a written statement denying these allegations. he therein raised the further contention that the election petition had not been presented within the time limited by law, and was, therefore, liable to be dismissed. rule 119, which prescribes the period within which election petitions have to be filed, runs, so far as it is material, as follows : 119. 'time within which an election petition shall be presented :- an election petition calling in question an election may, - (a) in the case where such petition is against a returned candidate, be presented under section 81 at any time after the date of publication of the name of such candidate under section 67 but .....

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Feb 15 1956 (SC)

Vikrama Das Mahant Vs. Daulat Ram Asthana and ors.

Court : Supreme Court of India

Decided on : Feb-15-1956

Reported in : AIR1956SC382

jagannadhadas, j.1. this is an appeal by the first defendant against the affirming judgment and decree of the high court of allahabad dated 22-2-1949, on a certificate granted by the said court under article 133(1)(a) of the constitution. the suit out of which this appeal arises relates to an ancient thakurdwara in the village of amaulipur containing a temple of sri hanumanji and sri thakurji, the entire institution being known as amaulipur asthan (hereinafter referred to as 'the asthan').the asthan owns large property dedicated to it and specified in lists a, b and c of the plaint. the entire income of these properties is spent for the bhog of the idols and in maintaining a sada-bart for sadhoos and faqirs. there is a fairly long history of litigation relating to this asthan since about 1926 which it is necessary to set out for a correct appreciation of the points that arise for decision in the present appeal.2. one ganapat das, a previous mahant of the asthan died in the year 1920. he was succeeded by mahant bharat das, still alive, who according to the plaintiffs' case, became mentally deranged. bharat das appears to have executed on 11-5-1925, a power of attorney in favour of one gomati das.about a year later, i.e., on 10-7-1926, he executed another document purporting to transfer his mahantship in favour of the present first defendant-appellant, vikrama das. this led to a suit no. 27 of 1927 by gomati das against the present first defendant for the declarations that (a) .....

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Feb 27 1956 (FN)

Mastro Plastics Corp. Vs. Labor Board

Court : US Supreme Court

Decided on : Feb-27-1956

..... modification;" "(2) offers to meet and confer with the other party for the purpose of negotiating a new contract or a contract containing the proposed modifications;" "(3) notifies the federal mediation and conciliation service within thirty days after such notice of the existence of a dispute, and simultaneously therewith notifies any state or territorial agency established to ..... mediate and conciliate disputes within the state or territory where the dispute occurred, provided no agreement has been reached by that time; and" "(4) continues in full force and effect, without .....

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Oct 04 1956 (SC)

Deoki Nandan Vs. Murlidhar

Court : Supreme Court of India

Decided on : Oct-04-1956

Reported in : AIR1957SC133; 1957(0)BLJR355; [1956]1SCR756

venkatarama ayyar, j. 1. the point for decision in this appeal is whether a thakurdwara of sri radhakrishnaji in the village of bhadesia in the district of sitapur is a private temple or a public one in which all the hindus are entitled to worship. 2. one sheo ghulam, a pious hindu and a resident of the said village, had the thakurdwara constructed during the years 1914-1916, and the idol of shri radhakrishnaji ceremoniously installed therein. he was himself in management of the temple and its affairs till 1928 when he died without any issue. on march 6, 1919, he had executed a will whereby he bequeathed all his lands to the thakur. the provisions of the will, in so far as they are material, will presently by referred to. the testator had two wives one of whom ram kuar, had predeceased him and the surviving widow, raj kuar, succeeded him as mutawalli in terms of the will and was in management till her death in 1933. then the first defendant, who is the nephew of sheo ghulam, got into possession of the properties as manager of the endowment in accordance with the provisions of the will. the appellant is a distant agnate of sheo ghulam, and on the allegation that the first defendant had been mismanaging the temple and denying the rights of the public therein, he moved the district court of sitapur for relief under the religious and charitable endowments act xiv of 1920, but the court declined to interfere on the ground that the endowment was private. an application to the .....

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Oct 17 1956 (SC)

In Re: Shri 'M', An Advocate of the Supreme Court of India

Court : Supreme Court of India

Decided on : Oct-17-1956

Reported in : AIR1957SC149; 1957CriLJ300; [1956]1SCR811

jagannadhadas, j.1. these proceedings before us arise out of a summons under order iv, rule 30 of the supreme court rules, 1950, (as amended) issued to shri 'm', who was originally an agent of this court and became an 'advocate on record' under the new rules of this court which came into force on january 26, 1954. the summons issued calls upon him to show cause why disciplinary action should not be taken against him. it arises on a complaint against him made to the registrar of this court by one attar singh on december 5, 1955. the substance of that complaint is as follows. the complainant was the appellate in criminal appeal no. 12 of 1950 in this court. shri 'm' acted for him in connection with the appeal. a sum of rs. 750 was supplied to shri 'm' for the printing charges therein. this sum was deposited in due course in the punjab high court from whose judgment the appeal arose. there remained an unspent balance of rs. 242-1-9 out of it. shri 'm' withdrew that money from the high court without the authority and the knowledge of the complainant. when, later on, the complainant became aware of it, he demanded refund of the same. shri 'm' first denied receipt of the money, and thereafter refused to refund it (claiming, as appears later in the evidence, to have appropriated it towards the balance of fees said to be due to him). this complaint was in the usual course put up before his lordship the chief justice who directed the chamber-judge, our learned brother, bhagwati, j., .....

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Oct 04 1956 (SC)

Laxmi Devi Sugar Mills Vs. Nand Kishore Singh

Court : Supreme Court of India

Decided on : Oct-04-1956

Reported in : AIR1957SC7; 1957(0)BLJR5; (1956)IILLJ439SC; [1956]1SCR746

bhagwati, j.1. the labour appellate tribunal of india at lucknow dismissed the application of the appellant made under section 22 of the industrial disputes (appellate tribunal) act, 1950, for permission to dismiss the respondent, its workman, and the appellant obtained from this court special leave to appeal against that order. 2. the respondent has been working as a steno-typist with the appellant since 3rd december, 1946, and is also the vice-president of the union of workers which is affiliated to the indian national trade union congress and is known as chini mills mazdoor sangh. one m. p. singh has at all relevant times been and is still the general manager of the appellant. 3. the relations between the appellant and its workmen are governed by the standing orders framed by mutual agreement between the labour and the sugar mills in uttar pradesh which have been approved by the government of uttar pradesh. clause l(1) (j) of the said standing orders runs as under :- 'drunkenness or gambling or riotous or disorderly behavior while on duty in factory premises, or in quarters provided by the mills or elsewhere or any act subversive of discipline'. 4. these are among the items of misconduct which would entitle the appellant, after due enquiry, to dismiss a workman from its employ. 5. there were longstanding disputes between the appellant and its workmen since october, 1946, and on the 23rd february, 1949, kedar nath khetan, one of the partners of the appellant, wrote to shri .....

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Jan 16 1956 (SC)

Harihar Prasad Singh and anr. Vs. Must. of Munshi Nath Prasad and ors.

Court : Supreme Court of India

Decided on : Jan-16-1956

Reported in : [1956]1SCR1

venkatabama ayyar, j. 1. the properties which are the subject-matter of this litigation are agricultural lands of the extent of 18 acres 23 cents situate in mauza chowki, they originally belonged to khiran rai, firangi rai and others, and were usufructuarily mortgaged by them on 10-8-1900 to babunath prasad and babu misri lal under two sudbharna deeds, exhibits 2 and 3, for a sum of rs. 1,600. the defendants of the first party are the representatives of these mortgagees. in execution of a money decree passed against the mortgagors, 9 acres 6 cents out of the above lands were brought to sale on 11-6-1907 and purchased by rameshwar prasad singh, the undivided uncle of the first plaintiff. on 23-12-1913 the remaining extent of 9 acres 17 cents was purchased by the first plaintiff from the mortgagors, and thus, the plaintiffs who were members of a joint hindu family became entitled to all the interests of the mortgagors in the suit lands. in 1943 they deposited under section 83 of the transfer of property act the amounts due on the mortgage deeds, exhibits 2 and 3, in the court of the district munsif, monghyr. the defendants of the first party withdrew the amount, and the mortgages thus became redeemed. when the plaintiffs attempted to take khas or actual possession of the lands, they were obstructed by the defendants of the second party who claimed occupancy rights therein. the plaintiffs then instituted the suit out of which the present appeal arises, in the court of the .....

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Mar 09 1956 (SC)

Ram Krishan and anr. Vs. the State of Delhi

Court : Supreme Court of India

Decided on : Mar-09-1956

Reported in : AIR1956SC476; 1956CriLJ837; (1957)ILLJ4SC; [1956]1SCR182

chandrasekhara aiyar, j.1. ram kishan, the first appellant in criminal appeal no. 43, is a partner-proprietor in the firm of kundan lal raja ram of saharanpur. prem chand, the second appellant, is a partner in the firm of narain prasad and prem chand in the same place. the appellant, gian chand, is the munim of a firm called lekh raj shambhu nath. some of the saharanpur merchants, including the three firms, were suspected of exporting potatoes at concessional rates on false declarations or certificates that they were seed potatoes. police investigation was proceeding in this connection at saharanpur in october, 1951. madan lal, railway section officer, examined as p. w. 4 in the case, was deputed by the railway department to assist the special police establishment in the investigation. labhu ram, railway parcels clerk in the railway at saharanpur, was deputed by the station master to help the police party. 2. it is alleged by the prosecution that during the progress of the investigation, and after the houses and shops of the accused persons had been searched, ram kishan took labhu ram aside and proposed that the three firms would be prepared to pay rs. 2,000 if the case was hushed up and that madan lal was to be sounded. madan lal refused to have anything to do with such a proposal, but as the accused persisted in their offer, it was ultimately decided that a trap should be laid for them at delhi in madan lal's house. it is unnecessary to narrate in detail the steps taken in .....

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Jan 31 1956 (SC)

Jai NaraIn Ram Lundia Vs. Kedar Nath Khetan and ors.

Court : Supreme Court of India

Decided on : Jan-31-1956

Reported in : AIR1956SC359; (1956)IMLJ151(SC); [1956]1SCR62

bose, j.1. this appeal arises out of certain execution proceedings. the decree which the appellant, jainarain ram lundia, seeks to execute is one that directs specific performance of a contract to sell certain shares in a private limited company known as the ganga devi sugar mills, together with a five annas share in a partnership firm called the marwari brothers, on payment of a sum of rs. 2,45,000. 2. the facts are as follows. the partnership firm, known as the marwari brothers, was formed on the 29th of february 1936. the partners consisted of two groups called the bettia group and the padrauna group. the padrauna group consisted of (1) kedarnath khetan and (2) a firm called surajmal. these two were the plaintiffs in the suit. kedarnath was one of the partners of the surajmal firm. the bettia group consisted of (1) gobardhan das (2) jainarain ram lundia (3) badri prasad and (4) bisheshwar nath. on bisheshwar nath's death his son madan lal jhunjhunwalla stepped into his shoes. these persons were the defendants. 3. the marwari brothers firm was formed for the purpose of promoting a company for starting a sugar mill in champaran and for securing the managing agency of the company for itself for a period of ninety years. this was done. the capital of the company consisted of rs. 8,00,000 divided into 800 shares of rs. 1,000 each. the shares were distributed as follows. in the bettia group gobardhan das and his brother badri prasad had 100 shares; jainarain had 150 and madan .....

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Nov 06 1956 (SC)

Central Provinces Transport Services Ltd. Vs. Raghunath Gopal Patwardh ...

Court : Supreme Court of India

Decided on : Nov-06-1956

Reported in : AIR1957SC104; (1957)ILLJ27SC; [1956]1SCR956

venkatarama ayyar, j. 1. the central provinces transport services ltd., nagpur, was, at the material dates, a public limited company, and the respondent was employed as a mechanic therein. in june 1950, goods belonging to the company were stolen, and suspicion fell on the respondent. there was an enquiry into the matter, and that resulted in this dismissal on june 28, 1950, on the ground of gross negligence and misconduct. he was then prosecuted on a charge of theft, but that ended in his acquittal on march 3, 1952. thereafter, he applied to the company to be reinstated, and failing to get redress, filed on october 1, 1952, an application before the labour commissioner under section 16(2) of the central provinces and berar industrial disputes settlement act xxiii of 1947, hereinafter referred to as the act, for reinstatement and compensation. the company resisted the claim on the ground, inter alia, that as the applicant had been dismissed on june 28, 1950, he was not an employed on the date of the application, that accordingly there was no 'industrial dispute touching the dismissal of an employee' as required by s. 16, sub-ss. (1) and (2) of the act, and that, in consequence, the proceedings under that section were incompetent. the assistant labour commissioner, before whom the matter came up for hearing, agreed with this contention, and dismissed the application. the respondent preferred a revision against this order to the provincial industrial court under s. 16(5) of the .....

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