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Judgment Search Results Home > Cases Phrase: mediation Court: supreme court of india Year: 1969 Page 3 of about 74 results (0.076 seconds)

Sep 15 1969 (SC)

M.M. Chawla Vs. J.S. Sethi

Court : Supreme Court of India

Decided on : Sep-15-1969

Reported in : (1969)1SCC14; [1970]2SCR390

j.c. shah, j. 1. man mohan chawla was since before 1958 tenant of certain premises in delhi belonging to j. s. sethi. the contractual rent of the premises was rs. 160 per month. sethi filed a petition under section 14(1) of the delhi rent control act, 1958 for an order in ejectment against chawla on the plea that the latter had committed default in paying rent for seven months consecutively. pursuant to a direction of the rent controller, chawla deposited the rent claimed, and the amount deposited was paid over to sethi and the proceeding was disposed of.2. chawla again committed default for three consecutive months, and sethi commenced another proceeding under section 14(1) of the delhi rent control act for an order in ejectment. chawla denied the claim that he had committed default in payment of rent. he pleaded that he had on march 19, 1963 sent to sethi rs. 320 by a postal money order which sethi had refused to accept. sethi denied that a money order sent by chawla was brought to him by the postal peon. chawla also pleaded that the contractual rent was excessive and that the rent of the premises let to him could not exceed rs. 50 per month and prayed that standard rent may be fixed by the controller. the controller rejected that contention of chawla and passed an order in ejectment. the order of ejectment passed by the controller was confirmed in appeal by the rent control tribunal, and a second appeal to the high court was also unsuccessful. chawla has appealed to this .....

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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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Sep 08 1969 (SC)

Jeewan Nath Wahal and ors. Vs. Sheik Mahfooz Jan and ors.

Court : Supreme Court of India

Decided on : Sep-08-1969

Reported in : AIR1970SC1704; (1969)2SCC833; [1970]2SCR243

1. the question arising in this appeal, by certificate, may be stated thus :when an applicant applies for a permit to run a passenger bus service on the ground that the route for while he applies, though one not yet opened, is necessary in public interest, but the regional transport authority comes to the conclusion that it does not, and thereupon rejects his application, whether his ruder is one under section 48 of the motor vehicles act, 4 of 1939 and is, therefore, appealable under section 64(a) of that act ?2. the route involved in this case was the one between meerut and dankaur which had no direct passenger bus service. there were, however, two routes which were being operated, namely. one from meerut to bulandsharhar and the other from siana to danapur, one crossing the other, so that if one wanted to go from meerut to dankaur there was no direct service, and therefore, he would have first to travel in the bus running from meerut to bulandshahar, get down at a place near gulsothi and catch the bus running from siana to dankaur. this was the position when the appellants, amongst others, applied to the regional transport authority for permits to operate a direct service from meerut to dankaur. this was, therefore, not a case where the r.t.a had already decided upon opening the new route, fixed the number of permits necessary for such a route and then invited applications from operators. nevertheless, the r.t.a., following the procedure laid down in section 57 of the act, .....

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Aug 14 1969 (SC)

B.P. Maurya Vs. Prakash Vir Shastri and ors.

Court : Supreme Court of India

Decided on : Aug-14-1969

Reported in : AIR1970SC522; (1969)2SCC634; [1970]1SCR894

a.n. ray, j.1. this is an appeal against the judgment and order of the high court at allahabad dated 12 april, 1968 dismissing the election petition filed by the appellant.2. the appellant contested the general election to the lok sabha from hapur parliamentary constituency in the year 1967. there were seven rival candidates numbered respondents 1 to 7. the appellant contested the election on the ticket of the republican party. he was then a sitting member of parliament. among the rival candidates, prakash vir shastri was an independent candidate. the election symbol of the appellant was elephant and the election symbol of prakash vir shastri was lion. prakash vir shastri secured 1,49,943 votes while the appellant secured 1,01,875 votes. the swatantra candidate sri naseem secured 34,274 votes. the congress candidate respondent smt. kamla chaudhury secured 33,988 votes. the appellant challenged the election on grounds of corrupt practices as mentioned in sub-sections (2), (3) and (4) of the representation of the people act, 1951 (hereinafter referred to as the act).3. at the hearing of the appeal the appellant appeared in person after counsel on his behalf had obtained leave of this court to withdraw and to allow the appellant to appear in person.4. the various corrupt practices on which the appellant relied relate to occurrences at six places. the appellant did not press the other occurrences. the first occurrence relates to a meeting held at the town hall maidan at hapur on .....

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Feb 20 1969 (SC)

Mehanga Singh Vs. Sunder Chand

Court : Supreme Court of India

Decided on : Feb-20-1969

Reported in : 1969(1)LC181(SC)

sikri, j.1. mehanga singh, appellant, herein after referred to as the plaintiff, brought a suit for a declaration that he was the owner and in possession of land measuring 85 kanals 12 marlas in village mulanda, tehsil nakodar. he based his title on a sale deed dated february 19, 1951, executed by one kishan chand, deceased. he filed the suit against two defendants (1) sunder chand s/o pooran chand, and (2) gram panchayat, bulanda'. -2. defendant no. 1, sunder chand, pleaded that kishan chand was never the owner of the land and he had no legal right to sell or mortgage the same, and that the land stood as muafi in the name of bhaiki dharamshala, village mahatpur. the grain panchayat did not file any written statement.3. following three issues were framed:(1) whether the plaintiff is the owner of the propertyin dispute? (2) whether the plaintiff is muafidar of the property in dispute? (3) whether the plaintiff has been in possession within 12 years o the filing of the present suit ?4. the trial court decreed the suit. the appeal filed by sunder chand was dismissed by the district judge. the high court, however, accepted the appeal of sunder chand and dismissed the suit. the plaintiff having obtained special leave the appeal is now before us.5. the main point raised by the learned counsel for the appellant is that the high court was not entitled to reverse the findings of fact given concurrently by the trial court and thedistrict judge. in our opinion the high court was .....

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Jan 16 1969 (SC)

Durga Vs. Milkhi Ram

Court : Supreme Court of India

Decided on : Jan-16-1969

Reported in : 1969(I)LC41(SC)

sikri, j.1. this appeal by special leave is directed against the judgment of the high court of punjab at chandigarh (grover, j.) dismissing the appeal of the appellants, durga and others--hereinafter referred to as the defendants. the only point involved in this appeal is whether the high court was right in holding that in view of the facts and circumstances of the case the presumption under section 44 of the punjab land revenue act, 1887 had been rebutted.the facts in brief are as follows. milkhi ram and others, plaintiffs, respondents before us, filed a suit for possession of 52 kanals of land situate in village ratewal on the ground that this land had been wrongly allotted to defendants 1 and 2 during consolidation proceedings on account of shamlat land in respect of land bearing khasra nos. 2786 and 2806. the claim of the plaintiffs was that they along with defendant no. 3 had 2/3rd share in the shamlat land in dispute pertaining to these khasra numbers. the trial court 'dismissed the suit mainly on the ground that the suit was barred by time. the senior sub-judge, on appeals, allowed the appeal and granted the plaintiffs decree for joint possession of 219 kanals 14 marlas of land in question allotted to defendants 1 and 2, the plaintiffs' share in the land being equal in value to 7/12th of the shamlat land appurtenant to the land comprised in previous khasra nos. 2786 and 2806. the senior sub-judge held:'the learned subordinate judge has taken the view that the entries .....

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Mar 13 1969 (SC)

Shaik Mohammed Umar Saheb Vs. Kaleskar Hasham Karimsab and ors.

Court : Supreme Court of India

Decided on : Mar-13-1969

Reported in : AIR1970SC61; 1970MHLJ289(SC); (1969)1SCC741; [1969]3SCR966

1. this is an appeal by special leave from an order of the bombay high court dismissing in limine an application under articles 226 and 227 of the constitution and refusing to quash the judgment and order of the assistant judge at sangli rendered in election petition no. 10 of 1967. the facts are as follows.2. on june 3, 1967 election of councillors to the sangli city municipality was held under the maharashtra municipalities act, 1965 (hereinafter referred to as the 'act'). the counting of votes took place with regard to ward no. 25 on june 4, 1967. according to the election petition, the results were published in the official gazette on june 15, 1967 and the petition was filed on june 24, 1967. the petitioner who was himself a candidate for election from the said ward challenged the election of the appellant before us on several grounds set forth in paragraph 3 of the petition. the first of these was to the effect that the appellant had, with the help of his supporters, published an undated pamphlet and circulated the same on a large scale among the voters in ward no. 25 and that the said pamphlet contained untrue, false and defamatory statements about the petitioner thereby prejudicing the voters generally against him and in particular instigating the muslim voters to vote against him by arousing their religious sentiments. another similar ground based on a defamatory pamphlet dated 30th may 1967 was urged in the petition. charges of terrorising voters and securing votes .....

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Mar 20 1969 (SC)

Tata Iron and Steel Co. Ltd. Vs. State of Bihar

Court : Supreme Court of India

Decided on : Mar-20-1969

Reported in : 1969(1)LC296(SC)

grover, j. 1. this is an appeal by special leave from an order of the board of revenue, bihar state, by which the orders of the commissioner and the settlement officer relating to certain lands which had been taken on lease by the appellant from the midnapur zamindari company ltd. to be affirmed. by an indenture of lease dated june 27, 1942, the appellant took from midnapur zamindari company ltd. a lease in perpetuity on payment of a premium of rs. 5952-2-0 a block of land including a parcel of 6.47 acres in mauza khokhro within the old survey plot nos. 462 and 465 khata no. 45, thana no. 323 in district hanbhum. under the terms of the said lease the appellant was entitled, interalia, to erect and construct buildings, outhouses, garages etc., to plant trees and lay-out gardens, play-grounds and dig wells and do all other acts and things necessary for using the land for the persons residing in those buildings and houses. in the settlement proceedings which took place later the demised portions of old plot no. 462 were entered as plot no, 859 and portions of the old plot 865 were entered as survey plot nos. 860 and 861. these plots were shown in the name and possession of the appellant. on april 29, 1953 a notification was issued by the governor of bihar in exercise of the power conferred by section 29 of the indian forest act 1929, hereinafter called the 'forest act'. according to this notification, forest land and waste land in the district of hanbhum specified in the .....

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Feb 06 1969 (SC)

Viswesardas Gokuldas Vs. B. K. Narayan Singh and anr.

Court : Supreme Court of India

Decided on : Feb-06-1969

Reported in : AIR1969SC1157; (1969)1SCC547; [1969]3SCR581

1. the plaintiffs instituted a suit (o.s. no. 55 of 1957 against the defendant alleging that by a contract dated september 2, 1957 the defendant had agreed to assign to the plaintiffs his leasehold interest under a mining lease in respect of 184 acres of land in kudrekanave kaval, hosadurga taluk, and claiming specific performance of the contract. the trial court decreed the suit. the defendant filed an appeal against the decree. the high court allowed the appeal and dismissed the suit. the present appeal has been filed by the plaintiffs after obtaining a certificate under article 133 of the constitution. the main question arising in this appeal is whether there was a contract as alleged in the plaint.2. under a contract dated august 3, 1957, the defendant agreed to sell to the plaintiffs 40000 tons of float iron lying in the aforesaid mining area and gave them the right to win and remove the iron ore. we are not directly concerned with this contract in this appeal. on september 2, 1957 the defendant wrote the following letter to the plaintiffs:further to our agreement dated 3rd august 1957 i hereby agree to assign the said lease area of 184 acres for iron and manngase ores, in your favour, subject to your paying me one lakh and eighty thousand rupees at your option to be deckled by you within three months from this date.3. this document though worded as an agreement was in point of law an offer only. as a matter of fact, on september 2, 1957 the plaintiffs had not agreed to .....

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