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Judgment Search Results Home > Cases Phrase: mediation Court: supreme court of india Year: 1969 Page 1 of about 74 results (0.171 seconds)

Dec 18 1969 (SC)

Shri Hari Vishnu Kamath Vs. Shri Gopal Swarup Pathak

Court : Supreme Court of India

Decided on : Dec-18-1969

Reported in : AIR1970SC819; (1970)1SCC143; [1970]3SCR334

s.m. sikri, j. 1. this is a petition under article 71 of the constitution and section 14 of the presidential & vice-presidential elections act (xxxi of 1952)--hereinafter referred to as the act--praying for a declaration that the election of shri gopal swarup pathak, respondent, to the office of the vice-president of india is void.2. the main ground on which this declaration is sought is that the nomination paper of dr. ram sharan dass sakhuja was wrongly rejected by the returning officer on august 6, 1969. the respondent apart from meeting this ground has raised a number of other issues including the issue whether the nomination, paper of dr. ram sharan dass sakhuja was genuine, and if not, whether the petition is maintainable. the learned counsel for the respondent strongly pressed on us that we should first try this issue suggested by him but as we have come to the conclusion that the petition must fail on the ground that the nomination paper of dr. ram sharan dass sakhuja was rightly rejected on august 6, 1969, it is not necessary to consider the other issues that arise out of the pleadings of the parties.3. the two issues suggested by the petitioner which we propose-to discuss are:1. whether the nomination of dr. ram sharan dass sakhuja has been wrongly rejected on the ground that the nomination paper was not delivered in; person;2. whether the returning officer had power to reject the nomination even before the date of scrutiny.4. the relevant facts for determining .....

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Mar 12 1969 (SC)

Heavy Engineering Mazdoor Union Vs. State of Bihar and ors.

Court : Supreme Court of India

Decided on : Mar-12-1969

Reported in : AIR1970SC82; 1970(0)BLJR491; [1969(19)FLR27]; (1969)IILLJ549SC; (1969)1SCC765; [1969]3SCR995

1. the heavy engineering corporation ltd., ranchi is a company incorporated under the companies act, 1956. its entire share capital is contributed by the central government and all its shares have been registered in the name of the president of india and certain officers of the central government. it is, therefore, a government company within the meaning of section 617 of the companies act. the memorandum of association and the articles of association of the company confer large powers on the central government including the power to give directions as regards the functioning of the company. the wages and salaries of its employees are also determined in accordance with the said directions. the directors of the company are appointed by the president. in its standing orders, the company is described as a government undertaking. the workmen employed by the company have two unions, the heavy engineering mazdoor union and the hatia project workers union.2. certain disputes having arisen between the company and its workmen, into which it is not necessary for the purposes of this judgment to go, the state government of bihar by its notification dated november 15, 1966 referred two questions to the industrial tribunal for its adjudication: firstly, as regards the number of festival holidays and secondly, whether the second saturday in a month should be an off-day. the mazdoor union thereupon filed a writ petition under articles 226 and 227 of the constitution in the high court of .....

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Jul 15 1969 (SC)

State of Orissa Vs. Chandrasekhar Singh Bhoi, Etc.

Court : Supreme Court of India

Decided on : Jul-15-1969

Reported in : AIR1970SC398; (1969)2SCC334; [1970]1SCR593

..... or controlled by the state.4. by virtue of section 45 of the principal act 'the interests of person to whom the surplus lands relate and of all land-holders mediately or immediately under whom the surplus lands were being held ... stand extinguished and the lands ... vest absolutely in the government free from all encumbrances.' this is clearly compulsory acquisition of ..... for determination of compensation. section 47 sets out the principles for determining compensation. it provides that the compensation in respect of the interest of the landholders mediately or immediately under whom the surplus lands are being held as a landholder or raiyat shall be fifteen times the fair and equitable rent. it also provides for payment of ..... the date of the final statement referred to in sub-section (3) of section 44 the interests of the person to whom the surplus lands relate and of all landholders mediately or immediately under whom the surplus lands were being held shall stand extinguished and the said lands shall vest absolutely in the government free from all encumbrances.section 46 provides .....

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Jul 30 1969 (SC)

The State of Kerala Vs. A.B. Abdul Kadir and ors.

Court : Supreme Court of India

Decided on : Jul-30-1969

Reported in : AIR1970SC1912; (1969)2SCC363; [1970]1SCR700

..... that would fall within the purview of article 301. the argument that all taxes should be governed by article 301 whether or not their impact on trade is immediate or mediate, direct or remote, adopts, in our opinion, an extreme approach which cannot be upheld. if the said argument is accepted it would mean for instance, that even a legislative enactment .....

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Nov 20 1969 (SC)

The Board of High School and Inter-mediate Education, U.P. and ors. Vs ...

Court : Supreme Court of India

Decided on : Nov-20-1969

Reported in : AIR1970SC1039; (1970)1SCC121; [1970]3SCR266

s.m. sikri, j. 1. this appeal by special leave is directed against the judgment of the allahabad high court whereby it allowed the writ petition filed by the respondent, kumari chittra srivastava, hereinafter referred to as the petitioner, and quashed the impugned order but left it open to the board of high school and intermediate education, hereinafter referred to as the board, to reconsider the case after giving the petitioner a chance to offer her explanation.2. the facts are not in dispute and the only question which arises is whether in the circumstances the petitioner was entitled to an opportunity to represent her case before the board prior to the passing of the impugned order.3. the relevant facts in brief are these. the petitioner was in 1959-60 session a student of basant girls intermediate college, varanasi. she appeared at the intermediate examination in 1960 but failed. she then joined the government inter college for girls at jaunpur. her name was sent up for intermediate examination to be held in 1961 by the principal. she appeared in the examination but her result was not declared by the board. on may 24, 1961, the board addressed a letter to the principal making enquiries regarding the attendance of the petitioner. according to the regulations framed by the board no candidate can be presented for the intermediate examination unless he/she has attended during two academical years 75% of lectures given in each subject in which the candidate is to be examined. .....

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Jan 27 1969 (SC)

State of Gujarat Vs. Girjorirao Ramchandrarao

Court : Supreme Court of India

Decided on : Jan-27-1969

Reported in : 1969(I)LC89(SC)

shah, j.1. ganpatrao ancestor of the respondent was granted in or about 1806 a. d. a cash allowance of rs. 17,000/- per mensem by the then ruler of baroda for giving his grand-daughter in marriage to him. from time to time this cash allowance was reduced. the respondent girjorirao was receiving rs. 350/- per mensem before the merger of the state of baroda with the dominion of india. the legislature of the state of bombay enacted the bombay merged territories miscellaneous alienations abolition act 22 of 1955 to abolish the miscellaneous alienations prevailing in the merged territories and to provide for matters consequential and incidental there to. by section 2(i) 'alienation' is defined as meaning 'a grant or recognition as a grant', amongst others of 'cash allowance or allowance in kind to any person by whatever name called, by the ruling authority for the time being before merger.' by section 4 it is provided :'not withstanding anything contained in any usage, settlement grant, agreement, sanad, order, rule, notification or vat hukum or any decree or order of a court or any law for the time being applicable to any alienation in the merged territories, with effect from and on the appointed date : (i) all alienations shall be deemed to have been abolished; (ii) x x x'section 15 provides for the determination of compensation in lieu of alienations. it provides :'(1) in the case of an alienation consisting of a cash allowance or allowance in kind, the alienee shall be paid : .....

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Sep 17 1969 (SC)

Raman Nadar Viswanathan Nadar and ors. Vs. Snehappoo Rasalamma and ors ...

Court : Supreme Court of India

Decided on : Sep-17-1969

Reported in : AIR1970SC1759; (1969)3SCC42; [1970]2SCR471

v. ramaswami, j.1. this appeal is brought by certificate from the judgment of the high court of kerala in a.s. no. 848 of 1962 dated march 27, 1963 reversing the decree of the principal subordinate judge, trivandrum in o.s. no. 182 of 1957 dated may 23, 1960.2. the father of the plaintiffs who are appellants herein was a hindu nadar namely raman nadar. he had an elder brother named krishanan nadar. on may 9, 1946 the said krishanan nadar and raman nadar jointly executed a deed of will ex. p-2 in respect of the assets of krishanan nadar. on the date of the will, raman nadar had only three daughters and no sons. krishanan nadar died on december 5, 1947. after the death of krishanan nadar the appellant's mother was married to raman nadar, who is the father of the appellants. it is specifically provided in the will ex. p-2 that in the event of raman nadar begetting a son or sons in future those male issues will succeed to the assets of krishnan nadar to the exclusion of the daughters. the material portion of the will, ex. p-2, reads as follows:deed of will executed by krishnan aged 51, nadar, son of kaliyambi, merchant, makkavazhi, kuzhiamvilakathu veettil, melkaladi, airanimuttan, pakuthy, nellamn adhikaram and his brother raman son of the said kaliyambi of do., aged 39, merchant, on 26th madam, 1111 m.e. with their own consultation and to their entire satisfaction. some properties have been acquired in the name of the 1st named and in the name of the 2nd named out of love and .....

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Jul 23 1969 (SC)

M.C. Chacko Vs. the State Bank of Travancore, Trivandrum

Court : Supreme Court of India

Decided on : Jul-23-1969

Reported in : AIR1970SC504; (1969)2SCC343; [1970]1SCR658

j.c. shah, ag. c.j.1. the high land bank kottayam of which the appellant m.c. chacko was the manager, had an overdraft account with the kottayam bank. k.c. chacko, father of the appellant, had executed from time to time letters of guarantee in favour of the kottayam bank agreeing to pay the amounts due by the high land bank under the overdraft arrangement. by the last letter of guarantee dated 22nd january 1953 k.c. chacko agreed to hold himself liable for the amounts due by the high land bank to the kottayam bank on the overdraft arrangement subject to a limit of rs. 20,000.2. the kottayam bank ltd. filed a suit in the court of the subordinate judge of kottayam against the high land bank for a decree for the amount due in the account. to this suit were also impleaded k.c. chacko the guarantor, m.c. chacko-manager of the high land bank, and m.c. joseph, kuriakose annamma and chinnamma, the last three being the son, daughter and wife respectively of k.c. chacko. against the high land bank the claim was made on the footing of the overdraft account: against k.c. chacko on the letter of guarantee and against m.c. chacko, his brother, his sister and his mother as universal donees of the property of k.c. chacko under a deed dated june 21, 1951 under which, it was claimed, a charge was created on the properties to which the deed related and against m.c. chacko, also on the claim that he had personally agreed to pay the amount due by the high land bank. during the pendency of the .....

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Dec 09 1969 (FN)

Shore Line R. Co. Vs. Transportation Union

Court : US Supreme Court

Decided on : Dec-09-1969

..... is rejected and the dispute threatens" "substantially to interrupt interstate commerce to a degree such as to deprive any section of the country of essential transportation service, the mediation board shall notify the president," "who may create an emergency board to investigate and report on the dispute. 10. while the dispute is working its way through these ..... assignments at all. the parties were again unable to negotiate a settlement themselves, and, on june 17, 1966, the union invoked the services of the national mediation board. while the mediation board proceedings were pending, the railroad posted a bulletin definitely creating the disputed work assignments at trenton effective september 26, 1966. faced with this unilateral change in ..... . . . by the mediation board," forbids such unilateral action by the carrier. the district court dismissed the railroad's complaint, but granted the union's request for an injunction restraining the railroad from establishing ..... a strike, and the union counterclaimed for an injunction prohibiting the establishment of the outlying assignments on the ground that 6, which provides that, "where . . . the services of the mediation board have been requested by either party . . . , rates of pay, rules, or working conditions shall not be altered by the carrier until the controversy has been finally acted upon .....

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Mar 25 1969 (FN)

Railroad Trainmen Vs. Terminal Co.

Court : US Supreme Court

Decided on : Mar-25-1969

..... plenary state authority to curtail or entirely prohibit self-help would frustrate effective implementation of the act's processes. the disputants' positions in the course of negotiation and mediation, and their willingness to submit to binding arbitration or abide by the recommendations page 394 u. s. 381 of a presidential commission, would be seriously affected by ..... [ footnote 13 ] no such general provisions have ever been enacted. and for the settlement of major disputes, "the statutory scheme retains throughout the traditional voluntary processes of negotiation, mediation, voluntary arbitration, and conciliation. every facility for bringing about agreement is provided page 394 u. s. 380 and pressures for mobilizing public opinion are applied. the parties are required ..... arbitration is rejected and the dispute threatens "substantially to interrupt interstate commerce to a degree such as to deprive any section of the country of essential transportation service, the mediation board shall notify the president," who may create an emergency board to investigate and report on the dispute. 10. while the dispute is working its way through these ..... . a serious question would be presented whether the parties to such a dispute were ever obligated to pursue the railway labor act's procedures, and whether the mediation and adjustment boards could ever concern themselves with a dispute until the matter had first been submitted to the nlrb and that agency had determined that it lacked jurisdiction .....

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