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Judgment Search Results Home > Cases Phrase: mediation Court: supreme court of india Year: 1973 Page 1 of about 68 results (0.148 seconds)

Apr 30 1973 (SC)

Workmen of Calcutta Dock Labour Board and anr. Vs. Employers in Relati ...

Court : Supreme Court of India

Decided on : Apr-30-1973

Reported in : AIR1973SC2251; [1973(26)FLR444]; (1973)IILLJ254SC; (1974)3SCC216; 1973(1)SLJ1044(SC)

a.n. grover, j.1. this is an appeal by special leave from an award of the central government industrial tribunal, calcutta made in reference no. 124 of 1966.2. the facts may be shortly stated. the calcutta dock labour board is a body corporate, established under the dock workers (regulation of employment) act, 1948 and includes equal number of members representing the government, the dock workers and the employers of dock workers and shipping companies. schemes had been framed under section 4 of the said act for representation of dock workers and employer, with the object of ensuring greater regularity of employment and regulating the employment of dock workers in a port whether registered or not. the calcutta dock workers (regulation of employment) scheme, 1956 was notified on october 8, 1956 governing the terms and conditions of service of registered dock workers. another scheme called the unregistered dock workers (regulation of employment) scheme, 1957 was notified on june 29, 1957 governing the terms and conditions of listed workers.3. seven dock workers had been detained under the defence of india rules, five of whom were detained for more than one year and two for comparatively shorter period. it appears that one of the disputes arose because these workmen were not taken back by the dock labour board.4. a notification dated september 29, 1966 was issued by the central government saying that an industrial dispute exists between the employers in relation to (1) calcutta .....

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Apr 24 1973 (SC)

Kesavananda Bharati Sripadagalvaru and ors.Vs. State of Kerala and anr ...

Court : Supreme Court of India

Decided on : Apr-24-1973

Reported in : AIR1973SC1461; (1973)4SCC225; [1973]SuppSCR1

..... the days of justinian, it was thought that the ultimate legislative power including the power to frame a constitution resides in the people, and, therefore, any law or constitution must mediately or immediately proceed from them. "it is customary nowadays to ascribe the legality as well as the supremacy of the constitution-the one is, in truth, but the obverse of ..... the imperial legislation justified in this famous text is that the former is assumed to have proceeded immediately from the people, while the latter proceeded from a like source only mediately" see edward gorwin, 'the higher law' background of american constitutional law", pp. 3-4.1666. it is said that the assertion in the preamble that it was the people who .....

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Jan 23 1973 (SC)

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

Court : Supreme Court of India

Decided on : Jan-23-1973

Reported in : AIR1973SC1100; (1973)1SCC564

i.d. dua, j.1. this is an appeal on certificate under article 134(1)(c) of the constitution granted by the allahabad high court from its judgment dated march 7, 1969 convicting the three appellants for an offence under section 109 read with section 465, i.p.c2. the three appellants raghunath prasad, viswanath and pyarelal were tried for offences under, inter alia, sections 114/465, 114/467, 114/468, i.p.c. and section 82(d) of the indian registration act. raghunath prasad was in addition tried for an offence under section 471, i.p.c. the second temporary civil and sessions judge, kanpur acquitted them of the offences under the penal code on the ground that it was not safe to convict them on the sole testimony of the complainant smt. sukh devi. so far as the offences under section 82(d) of the registration act is concerned there was the additional ground for acquittal, namely, absence of sanction of the registration authorities for their prosecution under section 82 of that act. the necessary permission having not been obtained, the prosecution failed on this ground as well. this view was taken on the basis of emperor v. kushal pal singh, : air1931all443 3. on appeal by the complainant smt. sukh devi the high court went into the evidence and in a well-considered judgment came to the conclusion that the offence under section 109 read with section 465, i.p.c. was fully established and sentenced raghunath prasad to rigorous imprisonment for one year and viswanath and pyarelal to .....

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Oct 12 1973 (SC)

Suba Singh Vs. Mahendra Singh and ors.

Court : Supreme Court of India

Decided on : Oct-12-1973

Reported in : AIR1974SC1657; (1974)1SCC418; 1973(5)LC853(SC)

krishna iyer, j.1. the appellant was the plaintiff in the munsif's court; where he brought a suit for partition on the basis that he was the son of rambhajan, the predeceased son of one jagram, the owner of the property sought to be divided. the learned munsiff granted a decree but in appeal it was reversed. this dismissal of the suit was affirmed in the high court, and the plaintiff-appellant has come to this court, urging before us the only point that the civil court had no jurisdiction to decide the question of title, turning on his sonship, which had already been held in his favour by the consolidation authorities under the u.p. consolidation of holdings act 1953 (u.p. act no. 5 of 1954) hereinafter called, for short, the act.2. this being the sole short point involved in this case, the facts may be briefly set out and the law bearing on this question stated. one jagram had four sons, including rambhajan. the latter pre-deceased the father, having died in 1942. the plaintiff appellant claims to be the son of rambhajan. jagram died on 13th march, 1956, and if the plaintiff's claim were correct, as son of a pre-deceased son, he would be entitled to a 4th share in jagram's estate, together with the 3 surviving sons. the question of fact on which the parties joined issue was as to whether the appellant was the son of rambhajan at all. in proceedings before the consolidation authorities, his claim for mutation was upheld, but as earlier pointed, his ultimate fate was different .....

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Nov 21 1973 (SC)

Mohan Lal and ors. Vs. the State of Rajasthan and anr.

Court : Supreme Court of India

Decided on : Nov-21-1973

Reported in : AIR1974SC299; 1974CriLJ350; (1974)3SCC628; 1973()WLN992

y.v. chandrachud, j.1. a private complaint was filed by one rameshwarlal son of laduram against the appellants under sections 464, 467, 468 and 471 of she penal code. the appellants took a preliminary objection that the court was incompetent to take cognizance of the offences by reason of the provisions contained in section 195(1)(c) of the crpc. the objection was rejected by the learned magistrate, the sessions court refused to make a reference to the high court and the high court of rajasthan dismissed the revision petition filed by the appellants. this appeal by special leave is directed against the judgment of the high court.2. the complainant rameshwar-lal alleges that the appellants forged the will of one kharturam, produced it before the patwari and used it as a piece of evidence in support of their title to a land. it is not quite clear from the complaint, but the parties seem to have proceeded on the basis that the tehsildar directed that entries be made in the record of rights in the names of the appellants on the strength of the will.3. it is difficult on these facts to invoke the application of section 195(1)(c), criminal procedure code. it provides that no court shall take cognizance of any offence described in section 463 or punishable under section 471, section 475 or section 476 of the same code, when such offence is alleged to have been committed 'by a party to any proceeding,' in any court in respect of a document produced or given in evidence in such .....

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Sep 04 1973 (SC)

Dargahi and ors. Vs. the State of U.P.

Court : Supreme Court of India

Decided on : Sep-04-1973

Reported in : AIR1973SC2695; 1973CriLJ1828; (1974)3SCC302

h.r. khanna, j.1. the nine appellants, dargahi (60). ishaq (40). mangrey (60), janu (30). khalil (25), noor mohamad (40), kauu (40). sirajul (45) and babu (35) were tried in the court of the learned sessions judge barabanki for various offences in connection with an occurrence which resulted in the death of lachhman prasad (50). it was alleged that the head of lachhman prasad was chopped off and was carried away by the culprits. injuries were further stated to have been caused to ramji pw during the course of the occurrence. the trial court acquitted the appellants. on appeal filed by the state, the allahabad high court reversed the judgment of acquittal. the nine appellants were convicted under section 302 read with section 149. section 323 read with section 149 and section 201 read with section 149 indian penal code and were sentenced to undergo imprisonment for life, rigorous imprisonment for a period of one year and rigorous imprisonment for a period of four years respectively. in addition to that, khalil and ishaq appellants were convicted under section 148 indian penal code and were sentenced to undergo rigorous imprisonment for a period of two years, while the remaining seven appellants were convicted under section 147 indian penal code and were sentenced to undergo rigorous imprison ment for a period of one year. the sentences in the case of each of the appellants were ordered to run concurrently. the appellants thereafter came up in appeal to this court by special .....

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Nov 09 1973 (SC)

Kali Prasad Singh Vs. Ram Prasad Singh and ors.

Court : Supreme Court of India

Decided on : Nov-09-1973

Reported in : AIR1974SC148; (1974)1SCC182; 1974(6)LC8(SC)

krishna iyer, j.1. the fact of this appeal by the defendant turns on the construction of a simple deed of gift, ex. a-7. its language is plain, the intention of the donor is clear and yet it happens that a learned single judge of the high court has in second appeal reversed what we consider to be the obviously correct conclusion reached by the district judge in first appeal.2. one beni singh had three sons and many properties. on a division among them, the properties set out in the 'b' schedule to the plaint fell to the share of two of his sons sheo dihal singh and nepal singh. susequently, a partition inter se of these properties came to be made by decree of court on june 14, 1945 whereby properties in the 'c' schedule to the plaint were allotted to debi prasad and lal bahadur (second defendant), children of nepal singh. 'd' schedule properties with which we are not concerned in this suit were allotted to kali prasad (first defendant, also appellant before us). 'e' schedule items were set apart for the sons sheo dihal. we are not concerned with these items either. however, debi prasad instituted a suit for partition and separate possession of his share in 'c' schedule properties against lal bahadur (second defendant) on march 23, 1949. during the pendency of that suit debi prasad executed a registered gift deed in favour of the appellant exhibit a-7 dated january 25, 1950. later on, a decree for partition of the 'c' schedule properties was passed and the half share of debi .....

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Jun 21 1973 (FN)

Colgrove Vs. Battin

Court : US Supreme Court

Decided on : Jun-21-1973

colgrove v. battin - 413 u.s. 149 (1973) u.s. supreme court colgrove v. battin, 413 u.s. 149 (1973) colgrove v. battin no. 71-1442 argued january 17, 1973 decided june 21, 1973 413 u.s. 149 certiorari to the united states court of appeals for the ninth circuit syllabus local federal court rule providing that a jury for the trial of civil cases shall consist of six persons comports with the seventh amendment requirement and the coextensive statutory requirement of 28 u.s.c. 2072 that the right of trial by jury be preserved in suits at common law, and is not inconsistent with fed.rule civ.proc. 48 that deals only with parties' stipulations regarding jury size. pp. 413 u. s. 151 -164. 456 f.2d 1379, affirmed. brennan, j., delivered the opinion of the court, in which burger, c.j., and white, blackmun, and rehnquist, jj., joined. douglas, j., filed a dissenting opinion, in which powell, j., joined, post, p. 413 u. s. 165 . marshall, j., filed a dissenting opinion, in which stewart, j., joined, post, p. 413 u. s. 166 . powell, j., filed a dissenting opinion, post, p. 413 u. s. 188 . mr. justice brennan delivered the opinion of the court. local rule 13(d)(1) of the revised rules of procedure of the united states district court for the district of page 413 u. s. 150 montana provides that a jury for the trial of civil cases shall consist of six persons. [ footnote 1 ] when respondent district court judge set this diversity case or trial before a jury of six in compliance with the .....

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Aug 16 1973 (SC)

Rajender Singh and ors. Vs. Santa Singh and ors.

Court : Supreme Court of India

Decided on : Aug-16-1973

Reported in : AIR1973SC2537; 1974MhLJ1(SC); (1973)2SCC705; [1974]1SCR381

m.h. beg, j.1. the plaintiffs-appellants, before us by grants of certificate of fitness of the case for an appeal had filed a suit on 20-4-1959 for possession against the defendants-respondents, of 331 kanals and 11 marlas of land the khasra numbers of which are given in the plaint, the plaintiffs were the sons of smt. premi, a daughter of sham singh (deceased), the original owner of the plots, and of smt. malan, who was the widow of sham singh, had gifted the plots in dispute in 1935, half and half, to the plaintiffs and smt. khemi, the younger sister of their deceased mother, smt. premi. it appears that smt. khemi, who was issueless, had also made a gift in favour of the plaintiffs before her death in 1944. the plaintiffs are said to have obtained possession of the whole land in dispute thus gifted to them. but, as there was considerable uncertainty at that time about the rights of the daughters and the powers of a widow to donate during her life time under the customary law in punjab, which was applicable to the parties, the defendants-respondents, the 8th degree collaterals of sham singh, had filed a suit on 3-7-1940 for possession of the land in dispute. this suit had been stayed from 1941 to 29-5-1946, under the indian soldiers (litigation) act, 1925, to the benefits of which the plaintiffs were entitled. it appears that there was also a dispute over mutation of names between the plaintiffs and defendants-respondents in revenue courts which ended finally by an order in .....

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Dec 11 1973 (SC)

State of U.P. Vs. Bansi Dhar and ors.

Court : Supreme Court of India

Decided on : Dec-11-1973

Reported in : AIR1974SC1084; (1974)1SCC446; [1974]2SCR679

krishna iyer, j.1. a litigation launched by the sons of a frustrated philanthropist, who is no more, has reached the last deck of the justice edifice as a civil appeal, by special leave, a little over 22 years after its institution. while illustrating the injustice of delayed justice this case more provocatively exposes the damage done by the administration's dilatory indifference to a clear commitment of an enthusiastic collector to construct quickly a 'female' hospital out of a donation from a compassionate gentleman in kannauj on certain conditions which were breached by government, according to the findings of the courts below. these socially disturbing features will be better appreciated, regardless of the legal result, when the facts are set out, which we now proceed to do.2. an old, affluent man called dubey, in a munificent mood, responded to the request of shri govind narain, then collector of farrukhabad district, way back in 1945. a promise to donate rs. 30,000/- was made, on the basis of a matching contribution by government, for the good cause of a women's hospital in sacred memory of the donor's deceased wife, gomti devi. apprehending the tardy ways of government, this anxious soul insisted on his being put in charge of the construction so that the hospital may come into existence through his diligent hands and in his lifetime, aided of course by government grant and auxiliary voluntary contributions. the activist collector accepted these conditions, received .....

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