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Judgment Search Results Home > Cases Phrase: mediation Court: supreme court of india Year: 1958 Page 1 of about 33 results (0.070 seconds)

Mar 19 1958 (SC)

Express Newspapers (Private) Ltd. and anr. Vs. the Union of India (Uoi ...

Court : Supreme Court of India

Decided on : Mar-19-1958

Reported in : AIR1958SC578; (1961)ILLJ339SC; (1964)ILLJ9SC; [1959]1SCR12

..... employers and the representatives of the employees. the discussion that the chairman had with each set of representatives did not bear any fruit and the chairman himself by way of mediation, as it were, submitted to them his own proposals presumably having regard to the different points of view which had been expressed by both these parties. the decision in regard .....

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May 09 1958 (SC)

Shewpujanrai Indrasanrai Ltd. Vs. the Collector of Customs and ors.

Court : Supreme Court of India

Decided on : May-09-1958

Reported in : AIR1958SC845; 1958CriLJ1355; 1983LC1701D(SC); 1983(13)ELT1305(SC); [1959]1SCR821

s.k. das, j. 1. this appeal has come to us on a certificate granted by the high court of judicature at calcutta that the case is a fit one for appeal to this court. 2. the appellant is shewpujanrai indrasanrai ltd., a private limited company incorporated under the indian companies act, 1913, and carrying on business at 69, manohar das street, calcutta. respondents 1 and 3 are the customs authorities concerned; respondent 2 is the union of india, and respondents 4 and 5 are two banks, called respectively nationale handels bank n.v., a foreign company carrying on business at 1, royal exchange place, calcutta, and bharat bank ltd., a company incorporated under the indian companies act, 1913, and having its registered office at 143, cotton street, calcutta. 3. the material facts are these. the appellant company carries on business as a bullion merchant and in that capacity used to buy gold and silver in the calcutta and bombay markets and sell the same either direct or through bankers at the aforesaid two places. it is stated that between november 14, 1950, and november 20, 1950, the appellant company, in the usual course of its business, purchased about 9,478 tolas of gold, and in respect of the said purchases, borrowed money from respondents 4 and 5. the gold so purchased was deposited with the respondent banks as security for the loans taken, 7,044 tolas being deposited with respondent 4 and about 2,437 tolas with respondent 5. with the consent of the appellant company, the .....

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Feb 04 1958 (SC)

Workmen of Dimakuchi Tea Estate Vs. the Management of Dimakuchi Tea Es ...

Court : Supreme Court of India

Decided on : Feb-04-1958

Reported in : AIR1958SC353; (1958)ILLJ500SC; [1958]1SCR1156

..... matters of their common 148 interest or concern and endeavour to compose any material difference of opinion in respect of such matters. conciliation officers are charged with the duty of mediating in and promoting the settlement of industrial disputes. a board of conciliation may also be constituted for the same purpose, namely, for promoting the settlement of an industrial dispute. a .....

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Mar 24 1958 (SC)

Chandranath Mukherjee Vs. Tusharika Debi and ors.

Court : Supreme Court of India

Decided on : Mar-24-1958

Reported in : AIR1958SC521; [1959]1SCR226

sinha, j.1. the main controversy in this appeal on a certificate granted by the high court of calcutta, against the concurrent decisions of the courts below, centers round the true interpretation and effect of sections 15 and 16 of the bengal tenancy act - act viii of 1885 - (hereinafter referred to as the act). the courts below have substantially decreed the plaintiff's suit for arrears of rent in respect of a se-patni tenure. hence, the appeal by the defendant. 2. the plaintiff's ancestor, nirmal chandra benerjee, was a durpatnidar under the patnidar in respect of the tenure in question. he died leaving him surviving, his three sons - satya ranjan, satya jiban and satya kiron - who became the durpatindars in respect of the tenure by succession, and there is no dispute that they were so mutated in the superior landlord's office. there was a partition suit between them in the court of the subordinate judge at alipur, being title suit no. 128 of 1946. during the pendency of that suit, promode kumar banerjee was appointed receiver of the properties under partition. satya jiban died during the pendency of the partition suit. the exact date of his death does not appear in the record. his heirs are : his widow tusharika debi and his two sons, uptal kumar banerjee who is of unsound mind, and ujjal kumar banerjee, a minor. the receiver aforesaid, instituted the suit out of which this appeal arises, for arrears of rent, against the first defendant, now appellant, in respect of the .....

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Dec 15 1958 (FN)

Leedom Vs. Kyne

Court : US Supreme Court

Decided on : Dec-15-1958

..... those statutes simply did not demonstrate the intent to limit the judicial enforcement of the rights created, so compellingly demonstrated in this case, and in switchmen's union v. national mediation board. i would reverse and remand the case to the district court with instructions to dismiss the complaint for lack of jurisdiction of the subject matter. [ footnote 1 ] 49 ..... provisions governing the general jurisdiction of those courts to control." 320 u.s. at 320 u. s. 300 . but the holding in switchmen's was that, in creating the mediation board and vesting that board with power to decide certification controversies, congress had provided its own tribunal for protection of the "right" it created, thus precluding any basis for an ..... court held that the railway labor act, read in the light of its history, disclosed a congressional intention to bar direct review in the district courts of certifications by the mediation board. this was held notwithstanding the fact that the certification was based on an alleged misinterpretation of the act. this same reasoning has striking application in this case. the national ..... procedures and the limited review provided in 9(d) were adequate to protect the parties. [ footnote 18 ] the court supports its decision by stating that switchmen's union v. national mediation board, supra, "announced principles that are controlling here." this is true, but i believe that those principles lead to, indeed compel, a result contrary to that reached by the court .....

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May 05 1958 (FN)

Labor Board Vs. Borg-warner Corp.

Court : US Supreme Court

Decided on : May-05-1958

..... of the issue taking place during that period; and that the secret written ballot referred to in section 5.4 shall be supervised by a representative of the united states mediation and conciliation service, or by some other party mutually agreed upon by the company and the union. the company and the union further agree that such a ballot shall be ..... their place, congress enacted 203(c) in title ii of the taft-hartley act, 61 stat. 154, 29 u.s.c. 173(c), under which the director of the federal mediation and conciliation service is, in certain situations, to seek to induce the parties in dispute to agree voluntarily to an employee vote on the employer's last offer prior to .....

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Dec 01 1958 (SC)

Kishori Lal Vs. Mst. Chaltibai

Court : Supreme Court of India

Decided on : Dec-01-1958

Reported in : AIR1959SC504; [1959]Supp1SCR698

kapur, j. 1. this is an appeal against the judgment and decree of the high court of nagpur reversing the decree of the additional district judge dismissing the plaintiff's suit. the appellant before us is the defendant kishori lal who claimed to be the adopted son, adopted by the husband of the plaintiff, mst. chaltibai who is the respondent in this appeal. 2. the suit out of which this appeal arises was brought by mst. chaltibai, the widow of lakshminarayan, a marwari aggarwal the district of bhandara against badrinarayan defendant no. 1 and his son kishori lal defendant no. 2 now appellant for a declaration that properties in sch. b & c belonged to her as heir to her deceased husband lakshminarayan and for possession of the property in scheduled d. the facts of the litigation relevant for the purpose of this judgment are these : badrinarayan and lakshminarayan were two brothers the former who was elder was carrying on business at raipur and the latter who was younger carried on business in the ancestral village named tirora where it is stated badrinarayan also was doing some business. lakshminarayan's first wife died in 1919 leaving a son and a daughter. in 1922 lakshminarayan married the respondent mst. chaltibai. his son died sometime after this marriage and therefore the only remaining child of lakshminarayan was the daughter mst. jamnabai who was married to one chotteylal. on january 6, 1936, lakshminarayan dies of a heart disease leaving his estate which is given in .....

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Dec 18 1958 (SC)

Mizaji and anr. Vs. the State of U.P.

Court : Supreme Court of India

Decided on : Dec-18-1958

Reported in : AIR1959SC572; 1959CriLJ777; [1959]Supp1SCR940

kapur, j. 1. these are two appeals which arise out of the same judgment and order of the high court at allahabad and involve a common question of law. appellants tej singh and mizaji are father and son subedar is a nephew of tej singh, machal is tej singh's cousin and maiku was a servant of tej singh. they were all convicted under section 302 read with section 149 of the indian penal code and except mizaji who was sentenced to death, they were all sentenced to imprisonment for life. they were also convicted of the offence of rioting and because tej singh and mizaji were armed with a spear and a pistol respectively, they were convicted under section 148 of the indian penal code and sentenced to three years' rigorous imprisonment and the rest who were armed with lathis were convicted under section 147 of the indian penal code and sentenced to two years' rigorous imprisonment. all the sentences were to run concurrently but mizaji's term of imprisonment was to come to an end after 'he is hanged'. against this order of conviction the appellants took an appeal to the high court and both their convictions and sentences were confirmed. 2. the offence for which the appellants were convicted was committed on july 27, 1957, at about sunrise and the facts leading to the occurrence were that field no. 1096 known as sukhna field was recorded in the revenue papers in the name of banwari who was recorded as in possession as tenant-in-chief. sometime in 1949 he mortgaged this plot of land to .....

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Mar 31 1958 (SC)

Mt. Kamlabai and ors. Vs. Sheo Shankar Dayal and anr.

Court : Supreme Court of India

Decided on : Mar-31-1958

Reported in : AIR1958SC914

s. jafer imam, j.1. this is an appeal against the decision of the nagpur high court partly reversing the decision of the extra subordinate judge, first class, bilaspurule the decree of the trial court concerning houses nos. 2 and 3 was affirmed by the high court.2. one mst. jotkunwar executed a document in 1906 in favour of her daughter jira bai and the sons of jira bai, brindaban, mathura prasad and nankaiya, transferring to them the properties mentioned in the document. thus jira bai and her three sons had four annas share each in the said properties.mst. jotkunwar, however, reserved to herself cultivating rights in sir lands consisting of 91.5 acres. nankaiya died in 1909 and on his death his share was recorded in the names of jira bai and her two sons brindaban and mathura the month of november, 1918 both brindaban and mathura prasad died. mathura prasad was unmarried and brindaban left a widow, mst. ramdulari.the interest of mathura prasad was mutated in favour of padumnath, husband of jira bai, and that of brindaban in favour of his widow, ramdulari. the property thus came to be divided into three shares -1/3 each to jira bai, padumnath and ramdulari.jira bai died on 26-7-1927. there had been some litigation in 1923.after the decision of the court mutation took place and 3/4 share in the property was recorded in the name of padumnath and 1/4 in the name of ramdulari.on 9-2-1938, padumnath made a gift of his 1/4 share in favour of his daughter kamalabai alias .....

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Dec 12 1958 (SC)

M.S.M. Sharma Vs. Sri Krishna Sinha and ors.

Court : Supreme Court of India

Decided on : Dec-12-1958

Reported in : AIR1959SC395; [1959]Supp1SCR806

original jurisdiction: petition no. 122 of 1958. petition under article 32 of the constitution of india for the enforcement of fundamental rights. 1958, oct. 16, 17, 28, 29, 30. basdeva prasad and naunit lal, for the petitioner :-the main question to be considered in the case is as to whose privilege has been involved and violated-those of the press or the house of the legislature. notice served on the petitioner by the privileges committee of the bihar assembly is illegal and invalid and the constitution of the privileges committee is illegal as the chief minister of the state dr. s. k. sinha himself has been the chairman of the committee. on may 30, 1957, there was a debate in the bihar legislative assembly when m. p. n. singh, one of the oldest members of the assembly, made a speech the gist of which was a criticism of the administration of bihar as run by dr. s. k. sinha, the chief minister, and cited certain instances of favouritism. at this stage the speaker held that a portion of the speech was objectionable and ordered it to be struck off and expunged. it was a general statement. no specific 102 direction was given to the press. the opposite party was claiming the right to prohibit all publication of proceedings a right which the house of commons possesses with its own history, but never exercises it. the speech was made on may 30, 1957, and the official authorised report was published and made available on january 2, 1958. 'the search light', being a daily newspaper, .....

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