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Judgment Search Results Home > Cases Phrase: mediation Court: supreme court of india Year: 1967 Page 1 of about 55 results (0.078 seconds)

Nov 24 1967 (SC)

Baul and anr. Vs. State of U.P.

Court : Supreme Court of India

Decided on : Nov-24-1967

Reported in : AIR1968SC728; 1968(16)BLJR512; 1968CriLJ872; [1968]2SCR450

hidayatullah, j. 1. the appellants are father and son. they were prosecuted with one ramdeo who has been acquitted by the high court. the prosecution case against them is that on the evening of june 7, 1962, about sun-set they attacked one ramdular causing him fatal injuries on his head with a lathi resulting in his death. the first appellant baul is said to have instigated the assault and the original prosecution case was that the other appellant sadhai and ramdeo (the acquitted accused) assaulted ramdular. medical evidence established that the deceased died as a result of two fatal blows on the head, both of which appeared to have caused extensive fractures of the skull. there were two other injuries on the head which were simple. the deceased never regained consciousness after he received the blows and died in the hospital about 11.30 the same night. the occurrence took place in this way. it appears that baul, the first appellant, and lurkhur (p.w. 1) who are brothers-in-law were at loggerheads over a right of way. on the day in question lurkhur was preparing his food near his house and the deceased was at a well nearby. when baul passed that way there was an exchange of abuses and baul raised an alarm. lurkhur's son, the deceased, came out of his house with his wife. on the other side came the appellant sadhai and the acquitted accused ramdeo. baul instigated these two to beat the deceased who was probably very vociferous in his abuses in support of his old father. when .....

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Sep 12 1967 (SC)

Lakshmi Rattan Engineering Works Ltd. Vs. Asstt. Commr. Sales Tax, Kan ...

Court : Supreme Court of India

Decided on : Sep-12-1967

Reported in : AIR1968SC488; [1968]1SCR505; [1968]21STC154(SC)

hidayatullah, j.1. this is an appeal by special leave against an order 2/3 april, 1967, of the assistant commissioner (judicial) i. sales tax, kanpur, range, kanpur by which the assistant commissioner rejected as defective the memorandum of appeal filed by the present appellant against the assessment order passed by the sales tax officer (s-1) kanpur. the defect, according to the assistant commissioner, was that the memorandum of appeal (which had been filed well within time) was not accompanied by the challan showing the deposit of admitted tax under s. 9 of the uttar pradesh sales tax act, 1948. the appellant did not file an application for revision and did not also invite a reference to the high court of allahabad but came direct to this court by special leave which was granted by us on august 23, 1967. at the first hearing of the petition, the state of uttar pradesh represented by mr. o. p. rana objected to the grant of special leave inasmuch as the other provisions under which remedy could be obtained under the sales-tax; act had been by passed. at that time, we overruled the objection and in the course of this judgment, we shall briefly indicate the reasons which had then prevailed with us. 2. the facts of the case are as follows : the appellant had declared his turnover for the year 1964-65 at rs. 3,70,941.7 p. on which the admitted tax under the act came to rs. 11,135,58p. the sales-tax authorities, however, assessed his turnover at rs. 10 lakhs on which tax was .....

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Nov 15 1967 (SC)

Mohan Lal and anr. Vs. GraIn Chamber Ltd., Muzaffarnagar and ors.

Court : Supreme Court of India

Decided on : Nov-15-1967

Reported in : AIR1968SC772; [1968]38CompCas543(SC); [1968]2SCR252

..... names of other persons. but those suits were dismissed. the business organisation of the company cannot be said to have been destroyed, merely because the brokers who were acting as mediators in carrying out the business between the members had been discharged and their accounts settled. the services of the brokers could again be secured. the company could always restart the .....

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Oct 23 1967 (SC)

The Calcutta Credit Corporation Ltd., and anr. Vs. Happy Homes (P) Ltd ...

Court : Supreme Court of India

Decided on : Oct-23-1967

Reported in : AIR1968SC471; [1968]2SCR20

..... first degree' means a tenant who does not hold under any other tenant; (b) 'a tenant inferior to the tenant of the first degree' means a tenant holding immediately or mediately under a tenant of the first degree; (c) 'landlord' means the landlord of a tenant of the first degree. (2) where any premises or any part thereof have been or .....

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Feb 01 1967 (SC)

Shibsankar Nandy Vs. Prabartak Sangha and ors.

Court : Supreme Court of India

Decided on : Feb-01-1967

Reported in : AIR1967SC940; [1967]2SCR558

..... who have acquired such a right. sub-section 3 defines an 'under-tenant' as meaning a person who has acquired a right to hold non-agricultural land either immediately or mediately under a tenant and includes also the successors-in-interest of persons who have acquired such a right. section 4 provides that a non-agricultural tenant may hold non-agricultural .....

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Mar 13 1967 (SC)

Thakur Jugal Kishore Sinha Vs. Sitamarhi Central Co-operative Bank Ltd ...

Court : Supreme Court of India

Decided on : Mar-13-1967

Reported in : AIR1967SC1494; 1968(16)BLJR1; 1967CriLJ1380a; [1967]3SCR163

..... ; it has acquired the meaning of the place where justice is administered and, further, has come to mean the persons who exercise judicial functions under authority derived either immediately or mediately from the sovereign. all tribunals, however, are not courts, in the sense in which the term is here employed, namely to denote such tribunals as exercise jurisdiction over persons by .....

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Apr 25 1967 (SC)

Gurdit Singh Vs. Mst. Angrez Kaur Alias Gej Kaur Alias Malan and ors.

Court : Supreme Court of India

Decided on : Apr-25-1967

Reported in : AIR1968SC142; [1967]3SCR789

bhargava, j. 1. this appeal has come up as a result of a dispute relating to succession to the property of one sunder singh. sunder singh, on 4th november, 1950, executed a will in respect of his property in favour of his niece, udham kaur. subsequently, on 27th october, 1951, one tarlok singh executed a document divorcing his wife, mst, angrez kaur, respondent no. 1 in this appeal, on the ground that she frequently went away from his house without his consent and whenever he made enquiries from her, she became furious with him. in the document, he recited that mst. angrez kaur was no longer his wife and that she had gone to live with sunder singh. according to respondent no. 1 on this divorce being granted to her by her first husband, tarlok singh, she was married to sunder singh by a custom, known as 'chadar andazi'. on 7th june, 1952, sunder singh revoked his previous will and, in that document, acknowledged mst. angrez kaur as his wife and left the property to her. sunder singh died in 1953. thereafter, the appellant, gurdit singh, who was a collateral of sunder singh in the third degree, applied for mutation. on 12th december, 1954, mutation of the property left by sunder singh was sanctioned in favour of gurdit singh by the authorities. thereupon, mst. angrez kaur field a suit on 17th march, 1955, claiming the property as window of sunder singh. the trial court decreed the suit, holding that respondent no. 1 had married sunder singh by 'chadar andazi' and the marriage .....

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Apr 06 1967 (SC)

Mangal Singh and ors. Vs. Shrimati Rattno and anr.

Court : Supreme Court of India

Decided on : Apr-06-1967

Reported in : 1968MhLJ54(SC); (1967)69PLR998; [1967]3SCR454

bhargava, j. 1. this appeal arises out of a suit brought for possession of some land which was admittedly owned at one time by one labhu. labhu died in the year 1917 and, on his death his widow, smt. harnam kaur, who filed the suit as plaintiff, came into possession of the land. she continued in possession of the land until the year 1954 when, on an application made by the collaterals of labhu, the naib tehsildar, by his order dated 26th june, 1954, effected mutation in favour of these collaterals. these collaterals were defenders 1 to 4, mangal singh, amer singh, santa singh and ishar singh. these collaterals, on the basis of the order of the naib tehsildar, dispossessed smt. harnam kaur's. harnam kaur's appeal against the order of the naib tehsildar was dismissed by the collector. the claim of these collaterals was that smt. harnam kaur had entered into karewa marriage with one of these collaterals, ishar singh, defendant no. 4 and consequently, she had lost her right to hold the land of her first husband labhu. smt. harnam kaur denied that she had entered into any karewa marriage with iswar singh and, on the basis of this denial, instituted the suit claiming possession of that land. she pleaded that the four defendants had no right to this land and had wrongfully dispossessed her, so that they were mere trespassers. this suit was instituted on 1st march, 1956. after the institution of the suit, the hindu succession act, 1956 (no. 30 of 1956) hereinafter referred to as 'the .....

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Feb 24 1967 (SC)

Mahant Harnam Singh, Chela of Bhai NaraIn Singh Vs. Gurdial Singh and ...

Court : Supreme Court of India

Decided on : Feb-24-1967

Reported in : AIR1967SC1415; (1967)69PLR805; [1967]2SCR739

bhargava, j.1. this appeal under certificate granted by the punjab high court at chandigarh, has been filed by harnam singh appellant against a decree passed by the high court, decreeing a suit under section 92 of the code of civil procedure, after setting aside the dismissal of the suit by the district judge, and removing the appellant from the office of the mahant of an institution described in the plaint as 'gurdwara jhandawala.' the suit was brought by two plaintiffs after obtaining permission from the advocate-general. one of the plaintiffs/respondents, ishar singh, died and his legal representatives were not brought on the record. however, in view of the nature of the suit, no objection was raised before us about the maintainability of this appeal on this ground and, consequently, we refrain from dilating on this aspect. 2. the respondents claimed in the plaint that there is one gur granth sahib at village jhandawala in the name of gurdwara jhandawala which is managed by mahant harnam singh appellant as a mohatmim, and that he is in possession of the 'dera' and agricultural land belonging to guru granth sahib gurdwara jhandawala. the gurdwara was alleged to be a public religious place which was established by the residents of the village, and it was pleaded that this religious institution was a public trust created by the residents of the village for the service of the public to provide food to the visitors from the lungar (free kitchen) to allow the people to fulfil .....

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Jan 17 1967 (SC)

National Iron and Steel Co. Ltd. and ors. Vs. the State of West Bengal ...

Court : Supreme Court of India

Decided on : Jan-17-1967

Reported in : [1967(14)FLR356]; (1967)IILLJ23SC; [1967]2SCR391

mitter, j. 1. this is an appeal by special leave from an award of the third industrial tribunal, west bengal dated september 14, 1963. the appellants are four public limited companies all separately registered under the indian companies act and all carrying on business in the same premises at belur in the district of howrah, the respondents being two unions, viz., nisco karmachari sangha, belur and howrah and belur iron and steel workers' union, howrah. national iron and steel co. ltd. was engaged in the business of steel rolling and steel casting. britannia building & iron co. ltd. was engaged in steel fabrication work while national screw and wire products was engaged in the manufacture of wires and nails. tatanagar foundry co. ltd. carried on the business of manufacturing cast-iron sleepers for railways. by an order dated august 25, 1959, the government of west bengal made a reference under section 10 of the industrial disputes act, 1947 of what was described as an industrial dispute between 'messrs national iron & steel co. ltd., and their allied concerns, viz., tatanagar foundry co. ltd., britannia building & iron co. ltd., and national screw and wire products ltd., all of p. o. belur, district howrah', on the one part and their workmen represented by the two unions on the other regarding the matters specified in the schedule for adjudication. nine issues were set forth in the schedule. issue no. 9 was abandoned at the hearing before the tribunal and need not be .....

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