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Judgment Search Results Home > Cases Phrase: mediation Court: supreme court of india Year: 1977 Page 1 of about 56 results (0.091 seconds)

Jan 28 1977 (SC)

Govind Prasad Chaturvedi Vs. Hari Dutt Shastri and anr.

Court : Supreme Court of India

Decided on : Jan-28-1977

Reported in : AIR1977SC1005; (1977)2SCC539; [1977]2SCR877

..... . rent and eviction act. the appellant resisted and the rent control and eviction officer rejected the petition holding that the respondents' requirement of the premises was not genuine. on the mediation of sri chand doneria, the parties entered into the suit agreement on 24th march, 1964. in pursuance of the agreement the appellant handed over rs. 4,000 as earnest money ..... you and us with respect to the kothi of bima nagar, of which you are a tenant on behalf of us. the said dispute has been decided today through the mediation of sri shri chand doneriya, on the terms and conditions given below which shall be fully binding on you as well as us. 1. that you are agreeable to purchase .....

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Mar 07 1977 (SC)

State of West Bengal and ors. Vs. Washi Ahmed and ors.

Court : Supreme Court of India

Decided on : Mar-07-1977

Reported in : AIR1977SC1638; (1977)2SCC246; [1977]3SCR149; [1977]39STC378(SC); 1977(9)LC268(SC)

p.n. bhagwati, j.1. the short question which arises for determination in these appeals is whether green ginger falls within the category of goods described as 'vegetables, green or dried, commonly known as 'sabji, tarkari or sak' in item (6) of schedule 1 to the bengal finance (sales tax) act, 1941. if it is covered by this description, it would be exempt from sales tax imposed under the provisions of that act. the sales tax authorities held that green ginger is used to add flavour and taste to food and it is, therefore, not vegetable commonly known as 'sabji, tarkari or sak'. the orders of the sales tax authorities were challenged in a writ petition filed under article 226 of the constitution and a single judge of the high court who heard the writ petition disagreed with the view taken by the sales tax authorities and held that green ginger is vegetable within the meaning of that expression as used in items (6) of the first schedule to the act. this view of the learned single judge was affirmed by a division bench of the high court on appeal under clause (15) of the letters patent. hence the present appeal by the state with special leave obtained from this court. 2. the bengal finance (sales tax) act, 1941 levies sales tax on the taxable turnover of a dealer computed in accordance with the provisions of that act. section sub-section (1) provides that no tax shall by payable under the act on the sale of goods specified in the first column of schedule i, subject to the .....

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Jul 29 1977 (SC)

State of U.P. Vs. Mohammad Musheer Khan and ors.

Court : Supreme Court of India

Decided on : Jul-29-1977

Reported in : AIR1977SC2226; 1977CriLJ1897; (1977)3SCC562; 1977(9)LC546(SC)

..... , however, mohammad musheer stated: on 17-2-73 a quarrel had taken place between accused shamim and deceased nirmaljeet in course of that scuffle shamim was being beaten meantime, while mediating,someone stabbed nirmaljeet.shamim's statement in the sessions court under section 342, in this regard, was in these terms:the reason of my absconding was that on 17-2 .....

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Jul 28 1977 (SC)

Kunwar Nripendra Bahadur Singh Vs. Jai Ram Verma and ors.

Court : Supreme Court of India

Decided on : Jul-28-1977

Reported in : AIR1977SC1992; (1977)4SCC153; [1978]1SCR208; 1977(9)LC528(SC)

..... , appropriate action was not taken at the appropriate time, the provisions of the election law which have got to be construed strictly, must work with indifference to consequences, immediate or mediate. on the part of the officers also it will vitalise and invigorate a healthy democratic practice if, charged with the electoral duties, demanding high probity, they neither 'exhibit rank remissness .....

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Aug 31 1977 (SC)

R.S. Joshi, Sales Tax Officer, Gujarat and ors. Vs. Ajit Mills Limited ...

Court : Supreme Court of India

Decided on : Aug-31-1977

Reported in : AIR1977SC2279; (1977)4SCC98; [1978]1SCR338; [1977]40STC497(SC)

v.r. krishna iyer, j.1. this bunch of appeals brought by the state of gujarat by certificate has a pan-indian impact, as the sale-tax project which has been struck down by the high court may adversely affect cousin provisions in like statutes in the rest of the country. contradictory verdicts on the constitutionality of a certain pattern of salestax legislation, calculated to counter consumer victimisation by dealers, have been rendered by different high courts and what complicates the issue is that reasonings in the prior rulings of this court on the topic have been pressed into service by both sides. this slippery legal situation makes it necessitous for the constitution bench of this court (numerically expanded, almost to breaking point, by the recent 42nd constitution amendment) to declare the law with relative certitude, reviewing, in the process, its previous pronouncements and over-ruling, if required, the view of one high court or the other so that the correct position may finally be re-stated. the certainty of the law is the safety of the citizen and, having regard to the history of judicial conflict reflected in the rulings we will presently unravel, an authoritative decision is overdue.2. a prefatory caveat. when examining a legislation from the angle of its vires, the court has to be resilient, not rigid, forward-looking, not static, liberal, not verbal -in interpreting the organic law of the nation. we must also remember the constitutional proposition enunciated .....

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Aug 31 1977 (SC)

R. S. Joshi Vs. Ajit Mills Ltd. and anr. Etc. (C.A. Nos. 533 and 1004 ...

Court : Supreme Court of India

Decided on : Aug-31-1977

Reported in : (1977)6CTR(SC)354

krishna iyer, j. - this bunch of appeals brought by the state of gujarat by certificate has an indian impact, as the sales-tax project which has been struck down by the high court may adversely affect cousin provision in like statutes in the rest of the country. contradictory verdicts on the constitutionality of a certain pattern of sales-tax legislation, calculated to counter consumer victimisation by dealers, have been rendered by different high court and what complicates the issue is that reasonings in the prior rulings of this court on the topic have been pressed into service by both sides. this slippery legal situation makes it necessitous for the constitution bench of this court (numerically expanded, almost to breaking point, by the recent 42nd constitution amendment) to declare the law with relative certitude, reviewing, in the process, its previous pronouncements and over-ruling, if required, the view of one high court or the other so that the correct position may finally be re-stated. the certainty of the law is the safety of the citizen and, having regard to the history of judicial conflict reflected in the rulings we will presently unravel, an authoritative decision is overdue.2. a prefatory caveat. when examining a legislation from the angle of its vires, the court has to be resilient, not rigid, forward-looking, not static, liberal, not verbal -in interpreting the organic law of the nation. we must also remember the constitutional proposition enunciated by the u .....

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Aug 08 1977 (SC)

Munshi Dass Vs. Mal Singh and Mal Dass and ors.

Court : Supreme Court of India

Decided on : Aug-08-1977

Reported in : AIR1977SC2002; (1977)4SCC65; 1977(9)LC555(SC)

n.l. untwalia, j.1. there is a dharamshala situated in village kaddon, district patiala in the state of punjab. a part of the same institution was another dera or dharamshala situate at jasra tehsil near ludhiana. 2. the fact that one bishan dass, chela of prem dass was the mahant of this institution at the end of the 19th century is not in dispute. bishan dass had four chelas: (1) parmanand, (2) narain dass, (3) atma ram and (4) ram dass. although narain dass was his junior most chela, bishan dass because of his incapacity and ill-health made narain dass the mahant during his life time. shortly thereafter the other three chelas died one after the other. it appears that narain dass also died during the life time of bishan dass. one ganga ram was the chela of narian dass. ganga ram was appointed the mahant with the approval of bishandass. this fact is evidenced by the mutation order of the revenue authority passed on 10-3-1908, ext. p-2. after the death of ganga ram, sobharam became the mahant. it is not clear from the records of this case as to when ganga ram died and when sobha ram became the mahant and how. what is clear, however, is that parties are not at variance so far. sobha ram died on the 31st january, 1961 in a hospital at ludhiana. according to the case of original defendant no. 1 respondent, mal dass, sobha ram had executed a will in his favour on the 16th of january, 1961, a fortnight before his death. mal dass claimed to have been installed as a mahant in .....

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Jan 20 1977 (SC)

Sita Ram Bhau Patil Vs. Ramchandra Nago Patil (Dead) by Lrs. and anr.

Court : Supreme Court of India

Decided on : Jan-20-1977

Reported in : AIR1977SC1712; (1977)2SCC49; [1977]2SCR671

a.n. ray, c.j.1. this appeal by special leave is from the judgment dated 13 february, 1968 of the high court of bombay.2. the appellant was 'owner of land covered by survey nos. 201/2, 194/13, 200/29 and 194/15. the appellant's wife sold this land to respondent no. 1 on 14 june 1946.3. on 12 april 1962 the appellant made an application under section 70(b) of the bombay tenancy & agricultural lands act (hereinafter referred to as the bombay act) for a declaration that he was a tenant of two of the four plots of land namely, survey nos. 194/15 and 200/29. this dispute between the appellant and the respondent in regard to alleged tenancy claim for these two survey numbers went up to the maharashtra revenue tribunal. the tribunal by order dated 19 march, 1954 rejected the claim of the appellant to tenancy in respect of the land covered by survey nos. 200/29 and 194/15.4. thereafter the respondent filed an application on 24 january 1963 under section 70(b) of the bombay act for a declaration that the appellant was not tenant of the remaining two survey nos. 201/2 and 194/13. the respondent alleged that he never leased the land to the appellant. the respondent further said that he came to know about entry in the record of rights for the years 1955-56 on the strength of mutation alleged to have been made on 30 january 1956 and sanctioned on 13 november 1956.this application of the respondent was resisted by the appellant on the ground that he was tenant of these two survey nos. 201/ .....

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Jun 20 1977 (FN)

Morris Vs. Gressette

Court : US Supreme Court

Decided on : Jun-20-1977

..... subsequent constitutional challenges to the implemented legislation, there also was to be "no dragging out" of the extraordinary federal remedy beyond the period specified in the statute. switchmen v. national mediation board, 320 u.s. at 320 u. s. 305 . since judicial review of the attorney general's page 432 u. s. 505 actions would.unavoidably extend this period, it is ..... inferred." 397 u.s. at 397 u. s. 166 . see association of data processing service orgs. v. camp, 397 u. s. 150 , 397 u. s. 157 (1970); switchmen v. national mediation board, 320 u. s. 297 (1943). that inquiry must address the role played by the attorney general within "the context of the entire legislative scheme." abbott laboratories v. gardner, supra .....

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Mar 10 1977 (SC)

Shiv Mohan Singh Vs. the State (Delhi Administration)

Court : Supreme Court of India

Decided on : Mar-10-1977

Reported in : AIR1977SC949; 1977CriLJ767; (1977)2SCC238

orderv.r. krishna iyer, j.1. if survival after death may aptly describe any litigative phenomenon, the present review proceeding may well qualify for that quaint claim. the relief of review relates to the death penalty imposed upon the petitioner by the trial court, confirmed in appeal, and dismissed even at the stage of special leave by this court. in the ordinary course, judicial finality has thus been affixed on the capital sentence so awarded although presidential clemency, which has been sought and negatived, may still be open under article 72 of the constitution. mercy, like divinity, is amenable to unending exercise but in this mundane matter it is for the head of state to act and not for the apex court.2. sombre sentencing is the fifth act in the tragedy of a murder trial and, for the judges of the supreme court, assumes a grim seriousness and poignant gravity since the petitioner's final appeal for judicial commutation, if rejected, may perhaps prove imminently fatal to his life. even so, when we chronicle the events connected with the judicial proceedings in this court it will be realised that our review power has repeatedly been invoked in vain and naturally a further exercise of the same power must be justified by the compelling pressure of fresh circumstances within the limits of the law. the nature of the judicial process, even at the tallest tower, is such that, to use cardozo's elegant expressions, 'a judge even when he is free, is still not wholly free; he is .....

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