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Judgment Search Results Home > Cases Phrase: mediation Court: supreme court of india Year: 1976 Page 1 of about 86 results (0.078 seconds)

Sep 09 1976 (SC)

Paradip Port Trust, Paradip Vs. their Workmen

Court : Supreme Court of India

Decided on : Sep-09-1976

Reported in : AIR1977SC36; 43(1977)CLT419(SC); 1976LabIC770; (1976)IILLJ409SC; (1977)2SCC339; [1977]1SCR537

..... by judges of high courts or by officers with appropriate judicial and labour law experience. the conciliation proceedings held by a board or a conciliation officer are mainly concerned with mediation for promoting settlement of industrial disputes. it is reasonable to suppose that the presence of legal practitioners in conciliation may divert attention to technical pleas and will detract from the .....

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Mar 23 1976 (SC)

Madhukar G.E. Pankakar Vs. Jaswant Chobbildas Rajani and ors.

Court : Supreme Court of India

Decided on : Mar-23-1976

Reported in : AIR1976SC2283; (1977)1SCC70; [1976]3SCR832

..... another, patches the fabric here and there, and mars often when it would mend. legislature and courts move on in proud and silent isolation. some agency must be found to mediate between them. 43. in the light of the conclusion we have reached, the other two grounds raised may not strictly arise for consideration. however, since arguments have been addressed, we ..... . its desirability was emphasised by justice cardozo, way back in 1921 (when he addressed the association of the bar of the city of new york and proposed an agency to mediate between the courts and the legislature). in characteristically beautiful prose he said:the courts are not helped as they could and ought to be in the adaptation of law to .....

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Jul 26 1976 (SC)

Jugal Kishore Patnaik Vs. Ratnakar Mohanty

Court : Supreme Court of India

Decided on : Jul-26-1976

Reported in : AIR1976SC2130; (1977)1SCC567; [1977]1SCR49; 1976(8)LC688(SC)

..... another, patches the fabric here and there, and mars often when it would mend. legislature and courts move on in proud and silent isolation. some agency must be found to mediate between them. may be, as has been done in the state of new york, the establishment of a law revision commission charged with comprehensive law reform duties with direct link .....

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Mar 10 1976 (SC)

The Mumbai Kamgar Sabha, Bombay Vs. Abdulbhai Faizullabhai and ors.

Court : Supreme Court of India

Decided on : Mar-10-1976

Reported in : AIR1976SC1455; (1976)IILLJ186SC; (1976)3SCC832; [1976]3SCR591

..... board, however, rejected the demand for bonus. the respondents-establishments discontinued these payments thereafter and the union's insistence on bonus led to conciliation efforts. the deputy commissioner of labour mediated but since his intervention did not melt the hardened mood of the employers, formal demands for payment of bonus were made by the union arid government was persuaded to refer .....

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Jan 21 1976 (SC)

Kale and ors. Vs. Deputy Director of Consolidation and ors.

Court : Supreme Court of India

Decided on : Jan-21-1976

Reported in : AIR1976SC807; (1976)3SCC119; [1976]3SCR202

s. murtaza fazl ali, j.1. this is an appeal by special leave against the judgment of the allahabad high court dated may 17, 1966 by which the appeal against the decision of a single judge of the high court rejecting the writ petition of the appellants had been dismissed. an application for granting a certificate for leave to appeal to this court was made by the appellants before the high court which was also dismissed by order of the high court dated august 7, 1967.2. the case had a rather chequered career and the disputes between the parties were sometimes settled and sometimes reopened. in order, however, to understand the point involved in the present appeal, it may be necessary to enter into the domain of the contending claims of the respective parties put forward before the revenue courts from time to time. to begin with the admitted position is that one lachman the last propositor was the tenant and the tenure holder of the property in dispute which consists of 19.73 acres of land contained in khatas nos. 5 and 90 and 19.24 acres of land comprising khatas nos. 53 and 204. lachman died in the year 1948 leaving behind three daughters, namely, musamat tikia, musamat har pyari and musamat ram pyari. musamat tikia was married during the lifetime of lachman and the appellant no. 1 kale is the son of musamat tikia. thus it would appear that after the death of lachman the family consisted of his two unmarried daughters har pyari and ram pyari and his married daughter's son kale .....

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Nov 25 1976 (SC)

The State of Kerala and anr. Vs. M.T. Joseph (Dead) by Lrs. and ors.

Court : Supreme Court of India

Decided on : Nov-25-1976

Reported in : AIR1977SC625; (1977)1SCC213; [1977]2SCR178; 1976(8)LC1023(SC)

m.h. beg, j.1. these appeals by special raise the question where the kerala high court had correctly interpreted and applied section 8 of the kerala govt. land assignment act, i960 (hereinafter referred to as 'the act') to the cases before us. this provision reads as follows:8. all provisions, restrictions, conditions and limitations over, contained in any pattah or other document evidencing an assignment of government land shall be valid and take effect according to their tenor, and any rule of law or usage to the contrary hot-withstanding.2. the fact upon which the provision was sought to be applied are these. on 23 october, 1939, the government of travancore sanctioned a scheme for the reclamation of the vembanad lake upon terms and conditions which were set forth in a document dated 4 october, 1939. the agreement provided that one m.t. joseph and his father, on payment if rs. 10/- per acre, which were to be recovered in ten equal instalments, would be given possession of certain tracts of land which they under took to reclaim. for the first two years after that is called the 'registry' of the names of the two lessees no tax has to be levied. the 'registry' was liable to be cancelled if adequate progress was not made within these two years. it appears that the agreement was modified by an order dated 12 february, 1941, and a fresh agreement was executed in july 1941 by m.t. joseph (now dead) who entered into possession of kayal land, constituted the ring bunds at .....

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Jun 17 1976 (FN)

Hortonville Dist. Vs. Hortonville Educ. Assn.

Court : US Supreme Court

Decided on : Jun-17-1976

..... teachers had admitted being on strike, and although the strike violated wisconsin law, the board had available other remedies than dismissal, including an injunction prohibiting the strike, a call for mediation, or continued bargaining. relying on our holding in morrissey v. brewer, 408 u. s. 471 (1972), the wisconsin court then held "it would seem essential, even in cases of undisputed ..... that the board's decision could be reviewed in other forums; but no reviewing body would give the teachers an opportunity to demonstrate that "another course of action such as mediation, injunction, continued collective bargaining or arbitration would have been a more reasonable response on the part of the decisionmaker." id. at 496, 225 n.w.2d at 672. since it .....

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Nov 04 1976 (SC)

Smt. Kasturi Devi Vs. Deputy Director of Consolidation and ors.

Court : Supreme Court of India

Decided on : Nov-04-1976

Reported in : AIR1976SC2595; (1976)4SCC674; [1977]2SCR25; 1976(8)LC970(SC)

s. murtaza fazal ali, j.1. this appeal by special leave involves a pure question of law regarding inheritance to the property of one kama. briefly put, the case of the appellant was that the disputed khata was recorded in the name of karua the son of madhua who died leaving behind his widow kasturi and his son karua. he had two brothers khushi ram and lekhraj who claimed to be the next reversioners. it is obvious that on the death of madhua, kasturi as the widow got half share in the property and the other half went to karua. the dispute seems to have arisen on the death of karua when two rival chums were put forward, one by kasturi who contended that she was entitled to inherit as mother of karua, whereas khushi ram averred that as kasturi had married lekhraj she should be divested of her interest and excluded from inheritance as a result of which the, property would pass on to khushi ram and lekhraj in equal shares as next reversioners. the appellant also denied the fact that kasturi had remarried lekhraj. the first court of the consolidation officer negatived the claim of kasturi and directed mutation to be made in the name of khushi ram under the provisions of the u.p. consolidation of holdings act. the present appellant filed an appeal before the settlement officer, etah camp, at aligrah, against the decision of the consolidation officer who reversed the finding of the consolidation officer and hold that as the re-marriage of kasturi with lekhraj had not been proved, the .....

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Sep 06 1976 (SC)

Baljit Singh and anr. Vs. State of Uttar Pradesh

Court : Supreme Court of India

Decided on : Sep-06-1976

Reported in : AIR1976SC2273; 1976CriLJ1745; (1976)4SCC590

s. murtaza fazl ali, j.1. criminal appeal no. 251 of 1971 and criminal appeals nos. 273 and 274 of 1971 arise out of the same trial and a common judgment given by the trial court and the high court. criminal appeal no. 251 of 1971 filed by baljit and sunehra appellants is an appeal under section 2a of the supreme court (enlargement of criminal appellate jurisdiction) act, 1970 against the judgment of the high court dated october 21, 1970 which on reversing the order of acquittal passed by the sessions judge convicted the appellants under section 302/149, i.p.c. and sentenced them to imprisonment for life. the appellants were also convicted under sections 147 and 323/149, i.p.c. and sentenced to six months and one month rigorous imprisonment respectively. criminal appeals nos. 273 and 274 of 1971 are appeals by special leave against the same judgment affirming the convictions of the appellants sumer chand, hari chand, ranieet, murli, sarjeet, prakash and seeta ram under section 302/149, i.p.c. sentencing them to imprisonment for life and under sections 147 and 323/149, i.p.c. to six months and one month rigorous imprisonment respectively. as the correctness of the judgment of the high court is in question in both the sets of appeals we have been taken through the entire evidence - oral and documentary - in order to find out if the judgment of the high court can be sustained.2. the unfortunate occurrence which resulted in the death of sher singh is the result of chronic land .....

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Jan 30 1976 (SC)

Ram Jivan Vs. Smt. Phoola (Dead) by Lrs. and ors.

Court : Supreme Court of India

Decided on : Jan-30-1976

Reported in : AIR1976SC844; (1976)1SCC852; [1976]3SCR262

s. murtaza fazl ali, j.1. this is an appeal by special leave against the judgment of a division bench of the high court of allahabad dated october 5, 1966, and raises a question of law regarding the applicability of sections 172 and 174 of the u.p. zamindari abolition and land reforms act, 1950 (act no. 1 of 1951).2. it appears that the case had a chequered career and the dispute between the parties passed through several phases both before the revenue courts and in the high court. in order to appreciate the point of law involved in this appeal, it may be necessary to give a resume of the facts which culminated in the judgment of the high court under appeal. the dispute refers to lands comprised in khata nos. 1052, 1344 and 1411 of village bishunpur in the district of rae bareli (u. p.), it is not disputed that these khatas originally belonged to one harbans who died leaving behind three sons, namely, gurdin, ramcharan and ramadhin. ramacharan appears to have died issueless but ramadhin died leaving a widow smt menda and a daughter from her smt. phoola who was respondent no. 1. the other son gurdin died leaving a son jit who had contested the present proceedings against smt. phoola. during the pendency of the present proceedings jit also died and the proceedings have been continued by his son ram jivan alias lallu. the district of rae bareli fell in what was previously known as the oudh area of the united provinces. the dispute between the parties appears to have arisen on .....

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