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Judgment Search Results Home > Cases Phrase: mediation Court: supreme court of india Year: 1972 Page 1 of about 94 results (0.072 seconds)

Dec 22 1972 (SC)

Pratap Vs. State of U.P. and ors.

Court : Supreme Court of India

Decided on : Dec-22-1972

Reported in : AIR1973SC786; 1973CriLJ565; (1973)3SCC690; [1973]3SCR136

..... under section 304, even if the prosecution story could be held to have been proved. the learned sessions judge took the view that though the occurrence took place without pre-mediation and in a sudden fight, and there was exchange of abuses on both sides, it could be presumed that it took place in the heat of passion upon a sudden ..... under exception 4 of section 300 of the indian penal code and found him guilty under section 302 i.p.c. on the ground, however, that there was no pre-mediation and it was a sudden fight and the murder was committed in the heat of passion upon a sudden quarrel, and that the accused had given only a single blow .....

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Jan 05 1972 (SC)

The Deputy Assistant Iron and Steel Controller and anr. Vs. L. Manickc ...

Court : Supreme Court of India

Decided on : Jan-05-1972

Reported in : AIR1972SC935; (1972)3SCC324; [1972]3SCR1

1. this appeal by special leave is directed against the judgment and order of the madras high court dated march 25, 1971 dismissing at the stage of admission an appeal under clause 15 of the letters patent preferred by the appellant against the judgment and order of a learned single judge of that court dated september 1, 1970 allowing writ petition no. 933 of 1970 filed by the respondent praying for a writ of mandamus directing the licensing authority under the imports and exports (control) act, 1947 to do his public duty and consider the applications for import licence made by the respondent. more than 200 writ petitions were heard together and disposed of by a common judgment of the learned single judge, the facts in the respondent's writ petition no. 933 of 1970 being, by common consent, treated as illustrative of all the other cases as well.2. on december 7, 1968 lala manickchand, proprietor of messrs katrella metal corporation, madras, respondent in this court, submitted an application, as a new unit, for the licensing period 1968-69 for the grant of an import licence for rs. 9,900/-for importing stainless steel as an actual user for manufacturing hospital requisites. the registration certificate dated december 31, 1968 issued to the respondent as a small scale industry by the additional assistant director of land commerce, district madras-north, reads:department of industries & commercesmall scale industries division s. no. 571 registration no. ms.n.ssi/506/ .....

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Jan 19 1972 (SC)

Commissioner of Wealth-tax, West Bengal Iii Vs. Smt. Champa Kumari Sin ...

Court : Supreme Court of India

Decided on : Jan-19-1972

Reported in : AIR1972SC2119; [1972]83ITR720(SC); (1972)1SCC508; [1972]3SCR118

a.n. grover, j.1. this is an appeal by special leave from the judgment of the calcutta high court arising out of a reference under the wealth tax act 1957 in which the question involved is one of importance, namely, whether a jain undivided family is included in the expression 'hindu undivided family' within section 3 of the act.2. the facts are few and may be stated. for the assessment year 1957-58, the valuation date being 31.12.1956 the wealth tax officer assessed the family assets of the assessee in the status of a hindu undivided family. on appeal to the appellate assistant commissioner the contentions raised, inter alia, were that (1) upon the description of the assessee in the notice of demand the assessment should be deemed to have been made in the status of an association of persons which was not a unit on which tax could be levied under the act; (2) even if the assessee was to be treated as a hindu undivided family, the imposition of wealth tax on such family was ultra vires the constitution.3. these contentions failed before the appellate assistant commissioner. the appellate tribunal, to whom the matter was taken in appeal, held that the assessee followed the jain religion and since the unit chargeable to wealth tax under section 3 of the act was either individual or hindu undivided family or company none of the units covered the case of the assessee which was a jain family. according to the tribunal jains were not hindus and, therefore, the expression 'hindu .....

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Nov 24 1972 (SC)

Duraipandi thevar and ors. Vs. State of Tamil Nadu

Court : Supreme Court of India

Decided on : Nov-24-1972

Reported in : AIR1973SC659; 1973CriLJ602; (1973)3SCC680

..... this quarrel all the five accused were armed with aruvals. on behalf of p.w. 5, the deceased mottayan also armed himself with an aruval. at the intervention of some mediators, however, the trouble was averted, but all the five accused are stated to have threatened that they would do away with the deceased. on january 28, 1970 at about 8 .....

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Feb 16 1972 (SC)

Ram Ekbal Rai and ors. Vs. Jaldhari Pandey

Court : Supreme Court of India

Decided on : Feb-16-1972

Reported in : AIR1972SC949; 1972CriLJ584; (1972)3SCC841

j.m. shelat, j.1. this appeal is by special leave and is directed against the dismissal by the high court of patna of a criminal revision application by the appellants against their conviction under sections 379 and 143 of the penal code ordered by the trial magistrate and confirmed by the first additional sessions judge, arrah.2. the respondent (complainant) was the purchaser of plot no. 811 in village chakni, district shahabad, at an auction sale held in 1954 in execution proceedings arising from a rent suit filed by dumraon raj against its tenant, ram dheyan teli. ram dheyan died leaving him surviving two widows, mst. rekhia and mst. sita devi the respondent claimed that in pursuance of the said auction sale he applied to the court for possession and physical possession was delivered to him through the court's bailiff on september 24, 1954. according to him, he remained in possession of the said plot till the date of the incident in question, that is, march 24, 1962- a day prior to that day, i. e., on march 23, 1962, he had applied to the police that he expected trouble from the appellants, and therefore, the police officer had stationed in the said plot two persons, kesho prasad (p.w. 3) and sheo lakhan ahir (p.w. 2) to watch the crop sown by him. the respondent's case was that early in the morning on march 24, 1962, the appellants together with a large number of persons differently armed, came to the field and notwithstanding protests by p.w. 3 and his said companion, .....

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Dec 04 1972 (SC)

Hindustan Steel Limited, Rourkela Vs. Smt. Kalyani Banerjee and ors.

Court : Supreme Court of India

Decided on : Dec-04-1972

Reported in : AIR1973SC408; 1974(0)BLJR356; (1973)1SCC273; [1973]3SCR1; 1973(5)LC485(SC)

a.k. mukherjea, j.1. this appeal with leave is directed against a judgment and order of the high court of patna in connection with a writ petition of respondents nos. 1 to 3 (who will hereinafter be referred to as the 'petitioners') by which the high court quashed and cancelled two leases granted by the state of bihar in favour of bharat marble company, a partnership firm and the present appellant hindustan steel limited. the facts and circumstances out of which the petition arose are as follows.2. by a registered document dated 11 july 1919 one kumar amardeyal singh, who was the proprietor of ladi estate at the relevant time granted a lease in favour of one pran kristo chatterjee. the lease which gave a perpetual mokarari settlement was in respect of various minerals including iron ore and related to a large tract of land in district palamau covering an area of 2227 acres in village adar and 1303 acres in village gore. both the two villages adar and gore appertained to kumar amardeyal singh's estate, bearing touri no. 130, survey no. 143 and touzi no. 161, survey no. 91 respectively of the collectorate of palamau. in 1937 the heirs of the original lessee under the document of 11 july 1919 assigned and transferred their interest under the lease to one vyomkesh mukherjee. in 1949, vyomkesh mukherjee died leaving behind the petitioners as his heirs and successors. on 21 september 1951 the petitioners granted a sub-lease under the aforesaid lease of 11 july 1919 to one madan .....

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Apr 14 1972 (SC)

Ganga Devi Vs. Ram Saran and anr.

Court : Supreme Court of India

Decided on : Apr-14-1972

Reported in : AIR1973SC778; (1973)2SCC63

k.s. hegde, j.1. these are appeals by special leave. the appellant ganga devi is the defendant in both these appeals. the suit was for partition. the genealogy of the family is as under:(see next page for genealogy table).laita prasad son of bal gobind and rajinder bahadur son of ram bharose were the co-owners of the suit property. on the death of lalta prasad on december 26, 1948, his widow chhabili kuer succeeded to his share. after the death of lalta prasad and rajendra bahadur, chhabili kuer and ganga devi were in possession of the suit properties as co-owners. they were the zamindars of the land. their zamindari rights were abolished by u.p. act 1 of 1951 (to be hereinafter referred to as the act). thereafter, the title to the suit properties vested in the state of u. p., but in view of section 18 of that act the persons who were in possession of the land which vested in the government became bhumidhars. prima facie chhabili kuer and ganga devi became co-bhumi-dhars, in view of section 18 of the act. after the death of chhabili kuer, ganga devi applied for change of mutation exclusively in her favour basti ram brindaban (d. in 1908) balgobind (d. 1910) baldeo pd. (d. 1903) gokul pd. (d. 1883) widow mahrani kuer mst. parbati (d.1932) (d. 1941) lalta pd. bam bharose (d. on 28-12-48) (d. 1927) widow ckhabili kneir rajendra bahadur (d.on 8-2-51) (d. 11-3-49) smt. gangs devi widow (deft. no. 1) smt. lali kuer mangali prasad (ex 1943) babulal (deft. no. 2) ram saran raghbir .....

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May 15 1972 (FN)

Andrews Vs. Louisville and Nashville R. Co.

Court : US Supreme Court

Decided on : May-15-1972

..... 1,500 annually. at that rate, the board will eliminate its present backlog of slightly more than 3,000 cases in two years. thirty-seventh annual report of the national mediation board 95 (table 9) (1971). [ footnote 4 ] constitutional issues not raised by the parties are at times passed upon by the court. for a notorious example, see erie r. co ..... , wants to quit the railroad scene and go elsewhere and sever his communal relation with union and railroad, the case falls out of the ambit of authority given to the mediation or arbitration agencies. the courthouse is the forum for that litigant, and i would never close its door to him unless the mandate of congress were clear. even then, i ..... 406 u. s. 330 law on the question of damages, and they obviously cannot even purport to give the remedy in damages which a "court suit" entails. the regime of mediation and arbitration under collective bargaining agreements, such as the one we upheld in textile workers v. lincoln mills, 353 u. s. 448 , and those we have cited under the railway ..... privilege legislation, the product of the once great political power of the railroad unions. it has been administered as such. this accounts for the dismal administrative records of the national mediation board and the national railroad adjustment board in . . . protection of individual rights, and grievance adjustments." northrup, foreword to risher, the railway labor act, supra, at 52 .....

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Feb 01 1972 (SC)

State of U. P. Vs. Sayed Abdul Jalil

Court : Supreme Court of India

Decided on : Feb-01-1972

Reported in : AIR1972SC1290; (1973)2SCC26; [1972]3SCR342

m.h. beg, j.1. there are two appeals by special leave before us, leave, against the judgment and decree of a learned judge of the allahabad high court allowing a plaintiffs second appeal.2. the plaintiff's case was that the government of rampur had given him a house 'under the orders of his highness the nawab of rampur, passed on 23rd june, 1945'. it appears that, after the merger of rampur state in uttar pradesh in 1949, when rampur became a district of uttar pradesh, this house was given by the government of uttar pradesh to the municipal board of rampur, defendant-appellant, which demanded rent from the plaintiff by notice. on the plaintiff's refusal to pay, the house was attached on 23rd february, 1955. the plaintiff deposited a sum of rs. 100 under protest. he then filed his suit, on 26.10.1956, for a declaration that he is the owner in possession of the house, and, in the alternative, that he is a 'licensee' entitled to remain in possession of the house for life without payment of rent.3. the defendants, the state of uttar pradesh, the municipal board of rampur, and the public works department at rampur, denied the alleged gift of either the ownership or of a life interest in the house to the plaintiff. they also pleaded that there was no relationship of landlord and tenant between the plaintiff and the defendants. their case was that, if any permission to reside in the house was given to the plaintiff by the ruler of the state of rampur before the merger of rampur with .....

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May 15 1972 (FN)

NLRB Vs. Burns Int'l Security Svcs., Inc.

Court : US Supreme Court

Decided on : May-15-1972

..... the direct settlement of labor disputes, the committee has considered a great variety of the proposals ranging from compulsory arbitration, the establishment of factfinding boards, creation of an over-all mediation tribunal, and the imposition of specified waiting periods. . . . [w]e do not feel warranted in recommending that any such plans become permanent legislation." s.rep. no. 105, 80th cong., 1st ..... modification;" "(2) offers to meet and confer with the other party for the purpose of negotiating a new contract or a contract containing the proposed modifications;" "(3) notifies the federal mediation and conciliation service within thirty days after such notice of the existence of a dispute, and simultaneously therewith notifies any state or territorial agency established to ..... mediate and conciliate disputes within the state or territory where the dispute occurred, provided no agreement has been reached by that time; and" "(4) continues in full force and effect, without .....

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