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Judgment Search Results Home > Cases Phrase: mediation Court: supreme court of india Year: 1959 Page 1 of about 39 results (0.340 seconds)

Sep 24 1959 (SC)

The Punjab National Bank Ltd. Vs. Its Workmen

Court : Supreme Court of India

Decided on : Sep-24-1959

Reported in : AIR1960SC160; [1961(2)FLR212]; (1959)IILLJ666SC; [1960]1SCR806

..... on february 19. when the men refused to submit a pitched battle ensued and the men successfully resisted the attempt by the sheriff to evict and arrest them. efforts at mediation failed. ultimately on february 26, the sheriff with an increased force of deputies made a further attempt and this time, after another battle, the men were ousted and placed under .....

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Jan 20 1959 (SC)

Gopi Chand Vs. the Delhi Administration

Court : Supreme Court of India

Decided on : Jan-20-1959

Reported in : AIR1959SC609; 1959CriLJ782; [1959]Supp(2)SCR87

gajendragadkar, j.1. these three appeals have been filed with certificates granted by the high court of punjab under art. 134(1)(c) of the constitution and they arise from three criminal cases filed against the appellant. the appellant gopi chand was the chief cashier, and hukam chand was an assistant cashier, in the united commercial bank ltd., new delhi. they were charged with the commission of offences under s. 409 in three separate cases. in the first case no. 223/2 of 1949, the prosecution case was that on or about april 8, 1948, both had agreed to commit, or cause to be committed, criminal breach of trust in respect of the funds of the bank where they were employed; and in pursuance of the said agreement they had committed criminal breach of trust in respect of the total amount of rs. 1,65,000. they were thus charged under sections 408, 409 and 120b of the indian penal code. the appellant was convicted of the offence under s. 409 read with s. 120 and sentenced to rigorous imprisonment for seven years. against this order of conviction and sentence he preferred an appeal to the high court of punjab (no. 5-d of 1952). the high court confirmed his conviction but altered the sentence imposed on him by directing that he should suffer four year's rigorous imprisonment and pay a fine of rs. 10,000 or in default suffer rigorous imprisonment for fifteen months. the order of conviction and sentence thus passed gives rise to criminal appeal no. 25 of 1955 in this court. 2. in the .....

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Jun 29 1959 (FN)

Union Pacific R. Co. Vs. Price

Court : US Supreme Court

Decided on : Jun-29-1959

..... his discharge. [ footnote 9 ] see hearings before the senate committee on interstate commerce on s. 3266, 73d cong., 2d sess., p. 15. the chairman of the united states board of mediation described 3 first of the 1926 act as follows: "the provision in the present [1926] act for adjustment boards is in practice about as near a fool provision as anything ..... subsequent court action by the losing party. furthermore, we have said of the railway labor act that "the specification of one remedy normally excludes another." switchmen's union v. national mediation board, 320 u. s. 297 , 320 u. s. 301 . thus, our duty to give effect to the congressional purpose compels us to hold that the instant common law action is ..... mediation, not adjudication -- mediation being "the antithesis of justiciability." 320 u.s. at 320 u. s. 337 . [ footnote 2/2 ] see, e.g., wis.stat.ann., 103.39(3); vernon's ann.tex.civ. ..... , 360 u. s. 554 (dissent.) the result is that i would remand the case to the district court for trial. [ footnote 2/1 ] cases like switchmen's union v. national mediation board, 320 u. s. 297 , and general committee v. missouri-kansas-texas r. co., 320 u. s. 323 , are no true exception, for those cases involved .....

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Nov 07 1959 (FN)

Steelworkers Vs. United States

Court : US Supreme Court

Decided on : Nov-07-1959

..... set up special machinery which will enable the attorney general, on his own initiative, to petition the courts to prevent either a shut-down or a walk-out, until the mediation processes have had time to function." 93 cong.rec. 4281. [ footnote 7 ] section 208(a) provides: "upon receiving a report from a board of inquiry, the president may direct the ..... rest -- who are the vast majority of the 500,000 on strike -- should be treated as the employers are treated. they should continue under the regime of collective bargaining and mediation until they settle their differences or until congress provides different or broader page 361 u. s. 76 remedies. when we assume that all the steelworkers are producing steel for defense ..... in this field today had that experiment been given a chance. the experiment, however, did not survive, and we have had little experience with it. [ footnote 11 ] collective bargaining and mediation are today the norm, except for the period of time in which an injunction is in force. by the terms of 209, however, any injunction rendered may not continue longer ..... of the strike. the board cannot point to any single issue of any consequence whatsoever upon which the parties are in agreement." the president filed the report with the federal mediation and conciliation service and made its contents public, in accordance with 206, and ordered the attorney general to commence this action, reiterating his former pronouncements that the continuance of the .....

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Feb 24 1959 (FN)

Youngstown Co. Vs. Bowers

Court : US Supreme Court

Decided on : Feb-24-1959

youngstown co. v. bowers - 358 u.s. 534 (1959) u.s. supreme court youngstown co. v. bowers, 358 u.s. 534 (1959) youngstown sheet & tube co. v. bowers no. 9 argued november 12, 1958 decided february 24, 1959 * 358 u.s. 534 appeal from the supreme court of ohio syllabus 1. on the records in these two cases, held that manufacturing corporations which imported materials for their own use in their current manufacturing operations had so acted upon them as to cause them to lose their distinctive character as "imports" within the meaning of that term as used in the import-export clause of the constitution, and that, therefore, the materials had become subject to state taxation. hooven & allison co. v. evatt, 324 u. s. 652 , distinguished. pp. 358 u. s. 536 -550. 2. in the youngstown case, a manufacturer of iron and steel imported iron ore for use in its own manufacturing process. upon arrival at destination, these ores were stored in "ore yards" adjacent to the furnaces. the daily ore needs of the plant were taken from those "ore yards" and conveyed to "stock bins," from which the ores were fed into the furnaces. ohio assessed an ad valorem tax based on the average value of the ore in these "ore yards" during the tax year. held: since these ores were not only needed, imported, and irrevocably committed to supply, but were actually being used to supply, the daily requirements of the manufacturing plant, they had lost their distinctive character as "imports," and all tax immunity as .....

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Mar 20 1959 (SC)

Commissioner of Income-tax, Hyderabad-deccan Vs. Vazir Sultan and Sons

Court : Supreme Court of India

Decided on : Mar-20-1959

Reported in : AIR1959SC814; [1959]36ITR175(SC); (1960)IIMLJ73(SC); [1959]Supp(2)SCR375

bhagwati, j.1. this appeal with a certificate from the high court of judicature at hyderabad raises the question whether the sum of rs. 2,19,343 received by the assessee in the year of account relevant for the assessment year 1951-52 was a revenue receipt or a capital receipt.the facts leading up to this appeal may be shortly stated : the assessee is a registered firm consisting of five brothers and the wife of a deceased brother having equal shares in the profit and loss of the partnership. the firm was appointed the sole selling agents and sole distributors for the hyderabad state for the cigarettes manufactured by m/s. vazir sultan tobacco co., ltd., under the terms of a -resolution of the board of directors dated january 6, 1931. " mr. baker reported that an arrangement had been, come to for the time being whereby the firm of vazir sultan & sons, were given the distributorship of " charminar " cigarettes within the h. e. h. the nizam's dominions and that they were allowed a discount of 2% on the gross selling price." no written agreement was entered into between the company and the assessee in respect of the above mentioned arrangement nor was there any correspondence exchanged between them in this behalf. in 1939 another arrangement was arrived at between the assessee and the company whereby the assessee was given a discount of 2% not only on the goods sold in the hyderabad state but on all the goods sold in the hyderabad state and outside hyderabad state. it does not .....

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Dec 18 1959 (SC)

Bhagwan Sahai Vs. State of Punjab

Court : Supreme Court of India

Decided on : Dec-18-1959

Reported in : AIR1960SC487; 1960CriLJ676

j.l. kapur, j.1. this is an appeal by special leave against the judgment and order of the punjab high court dated may 17, 1956. at the relevant time, i.e., between may 1, 1953, and june 2, 1954, the appellant was a naib-tehsildar at ferozepur jhirka in the district of gurgaon. the allegation against the appellant was that during his tours in the several villages of ferozepur jhirka tehsil, his son who was a director of the starline pictures ltd., a film company of delhi, accompanied him and at the time of mutations the appellant asked the parties whose mutation he was attesting to purchase shares in the company of his son and that many of such persons on being so pressed by the appellant purchased shares and did so because they were asked by the appellant who showed them official favours.2. the facts which have led to the conviction of the appellant are these. on june 8, 1954, the first information report against the appellant was filed under section 5(1) (d) of the prevention of corruption act (hereinafter termed the act). it was based on a letter of the deputy commissioner who is also the collector of the district enclosing with the letter the report of the revenue assistant, gurgaon in an enquiry which he held against the appellant. the letter stated that the case fell within section 5(1) (d) of the act and suggested that the necessary sanction should be taken under section 6 of the act. thereafter the sanction of the commissioner, ambala division, was taken on 2-12-1954. .....

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May 05 1959 (SC)

Anil Starch Products Ltd. Vs. Ahmedabad Chemical Workers' Union and Or ...

Court : Supreme Court of India

Decided on : May-05-1959

Reported in : AIR1960SC1346; (1960)IILLJ88SC

wanchoo, j.1. this is an appeal by special leave against the award of the industrial tribunal, bombay, in a dispute between the anil starch products ltd., ahmedabad (hereinafter referred to as the company) and its workmen, in the matter of profit bonus for the year 1953, the dispute arose over the demand made by the workmen for payment of six months' wages as bonus for that year. this dispute was referred to the industrial tribunal by the government of bombay by its order dated july 15, 1955. the company had already paid one month's basic wages as bonus to its workmen and the real dispute was thus only about the remaining bonus for five months.2. the case of the workmen was that the company had made substantial profits during the year. the wages-cum-dearness allowance paid by the company was low and therefore, profit bonus at the rate of six months' wages should be granted to fill the gap between the wages paid and living wage. the company on the other hand contended that it was giving high wages and had already paid one month's basic wage as profit bonus and there was no scope for further payment of bonus as the available surplus, according to the full bench formula, did not justify it.3. the main dispute before the tribunal related to three items, namely --(i) depreciation, and how it should be calculated for the purposes of the full bench formula ?(ii) whether any return should be allowed on the money in the depreciation reserve fund used as working capital; and if so, .....

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May 06 1959 (SC)

Great Indian Motor Works Ltd. and anr. Vs. their Employees and ors.

Court : Supreme Court of India

Decided on : May-06-1959

Reported in : AIR1959SC1186; (1959)IILLJ373SC; [1960]1SCR13

sinha, j. 1. this appeal by special leave, is directed against the order of the labour appellate tribunal, dated august 1, 1956, dismissing in limine the appeal against the award of the third industrial tribunal, dated march 8, 1956. the great indian motor works ltd., now in liquidation (hereinafter referred to as 'the company'), represented by one of the managing directors, k. d. nundy, is the first appellant. the said k. d. nundy, in his capacity as the creditor of the company and/or as the auction-purchaser of the company, is the second appellant. one hundred and forty two employees of the company, represented by the bus workers' union, are collectively the first respondent. the second and third respondents, c. d. nundy and d. l. dutt, are the official liquidators of the company, appointed by the high court as such. 2. the relevant facts are these : the company was incorporated and registered under the indian companies act, 1913, in 1926, as a private limited company with its registered office at calcutta. its business was mainly that of carrying on public transport on route no. 14 in the city of calcutta, as also of dealers in and repairers of motor vehicles. it had an authorized capital of six lacs of rupees divided into 600 shares of rs. 1,000 each, out of which, shares worth rs. 4,00,000 only had been subscribed and paid up. the registered share-holders of the company, were kristo das nundy, the second appellant, having 246 shares; chandy das nundy, respondent no. 2, .....

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Nov 20 1959 (SC)

S.M. Banerji Vs. Sri Krishna Agarwal

Court : Supreme Court of India

Decided on : Nov-20-1959

Reported in : AIR1960SC368; [1960]2SCR289

subba rao, j.1. this appeal by special leave is directed against the judgment of the high court judicature at allahabad, setting aside that of the election tribunal, kanpur, dismissing the petition filed by the respondent for setting aside the election of the appellant as a member of the parliament from the kanpur constituency. 2. in february-march 1957, elections were held to fill up a parliamentary seat from the single-member constituency no. 331, kanpur. sri. s. m. banerji, sri. suraj prasad and four others were candidates for the said election. the said persons filed their nomination papers between 19th and 29th january, 1957. the appellant was employed as supervisor 'a' grade at the government ammunition factory, kirkee, and was dismissed from service on january 24, 1956, for a reason other than corruption or disloyalty to the state; and he was duly qualified to stand for the election. he also filed his nomination paper within the prescribed time and ex facie it complied with all the provisions of the representation of the people act, 1951 (43 of 1951), as amended by act xxvii of 1956, (hereinafter called the act), and did not disclose any disqualifications. the returning officer held scrutiny of the nomination papers on february 1, 1957. as no objection was taken to the appellant's nomination, the returning officer accepted it under s. 36 of the act without making any enquiry. the polling took place on march 6, 1957 and the result was declared on march 13, 1957. the .....

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