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Judgment Search Results Home > Cases Phrase: mediation Court: supreme court of india Year: 1978 Page 2 of about 76 results (0.118 seconds)

Aug 30 1978 (SC)

Sarwan Singh and ors. Vs. State of Punjab

Court : Supreme Court of India

Decided on : Aug-30-1978

Reported in : AIR1978SC1525; 1978CriLJ1598; (1978)4SCC111; [1979]1SCR383

kailasam, j.1.the two criminal appeals nos. 59 and 60 of 1972 are by special leave. criminal appeal no. 59 of 1972 is preferred by sarwan singh, karnail singh, zora singh and malkiat singh, while criminal appeal no. 60 of 1972 is by bachan singh against their conviction and sentence imposed on them by the trial court and confirmed by the punjab and haryana high court in criminal appeal no. 512 of 1970. this court granted special leave in both cases limited to the question as to whether the offence committed by the appellants is one punishable under section 300 i.p.c. or under any part of section 304 i.p.c.2. the facts necessary for determining what offence the accused were guilty of may be stated. sant singh is the father of sarwan singh, bachan singh and mewa singh. sarwan singh is the first appellant in criminal appeal no. 59 of 1972 and bachan singh is the sole appellant in criminal appeal no. 60 of 1972. the deceased mewa singh is their brother. sarwan singh had two sons, zora singh and karnail singh who are appellants nos. 3 and 2 in criminal appeal no. 59 of 1972. sarwan singh's daughter was married to malkiat singh who is the fourth appellant in criminal appeal no. 59 of 1972. pending appeal, sarwan singh and bachan singh have died and their appeals have abated. we are therefore concerned only with karnail singh, zora singh and malkiat singh who are appellants nos. 2, 3 and 4 in criminal appeal no. 59 of 1972.3. the deceased is the brother of the two accused and .....

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Mar 13 1978 (SC)

Madan Gopal Bhatnagar Vs. Smt. Jogya Devi and ors.

Court : Supreme Court of India

Decided on : Mar-13-1978

Reported in : 1980Supp(1)SCC777; 1978(10)LC373(SC)

jaswant singh, j. 1. this appeal by special leave which is directed against the judgment and older dated november 17, 1976 of the high court of judicature at allahabad in s.a. no. 886 of 1975 raises a very interesting question of law via. whether a lessee of land taken by him for building a house can for his own benefit acquire an easement of way or of flow of water over other land of his lessor. though this question seems to have arisen a number of times in different high court of india, it is a question of first impression so far as this court is concerned as it was left open in chapsibhai dhamjibhai damed purusbottam : [1971]1scr335 .2. for a proper determination of this question, it is necessary to refer a few provisions of the indian easements act, 1882 (act v of 1882)(hereinafter called 'the act').3. section 4 of the act defines 'easement' as a right which the owner or occupier of certain land possesses, as such, for the beneficial enjoyment of that land, to do and continue to do something, or to prevent and continue to prevent something being done, in or upon, or in respect of, certain other land not his own.4. section 12 of the act specifies the persons who can acquire easements and provides that an easement can be acquired by the owner of an immoveable property or, on his behalf, by any person in occupation of the same.5. section 15 of the act deals with the method of acquiring easements.6. the words 'owner...or on his behalf by any person in occupation of the same' .....

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Oct 04 1978 (SC)

Atlas Cycle Industries Ltd. and ors. Vs. the State of Haryana

Court : Supreme Court of India

Decided on : Oct-04-1978

Reported in : AIR1979SC1149a; 1979CriLJ927a; (1979)2SCC196a; [1979]1SCR1070

jaswant singh, j.1. during the course of on spot check carried out by him on december 29, 1964 of b.p. sheets lying in appellant no. i's factory at sonepat, the development officer (lme-1) of the directorate general of technical development, new delhi, discovered from an examination of the said appellant's account books that it had during the period intervening between january 1, 1964 and january 12, 1965, acquired black plain iron sheets of prime quality weighing 60.03 metric tons from various parties at a rate higher than the maximum statutory price fixed for such sheets by the iron and steel controller (hereinafter referred to as 'the controller') in exercise of the powers vested in him under clause 15(1) of the iron and steel (control) order, 1956 (hereinafter referred to as 'the control order. after the special magistrate had framed the charges and secured in the court of the special magistrate, ambala cantt. for an offence under section 120b of the indian penal code read with section 7 of the essential commodities act, 1955 (act no. 10 of 1955) (hereinafter referred to as 'the act') as also for an offence under section 7 of the act read with clause 15(3) of the control order. after the special magistrate had framed the charges and examined sixteen prosecution witnesses, the appellants made an application before him on february 12, 1970 under section 251a(11) and 288(1) of the crpc, 1898 praying that in view of the submissions made therein, the case against them be not .....

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Jul 24 1978 (SC)

Dharmaposhanam Company, Kerala Vs. the Commissioner of Income Tax, Ker ...

Court : Supreme Court of India

Decided on : Jul-24-1978

Reported in : [1978]114ITR463(SC); (1978)3SCC414; [1978]3SCR1030

1. these appeals have been preferred by the assessee against the judgment of the high court of kerala in references disposed of by it under section 256 of the act.2. the appellant is the dharmaposhanam company irinjalakuda. it is an association constituted under a licence issued in january, 1931 by the then government of cochin and registered with limited liability under section 26(1) of the indian companies act 1913 as applied to cochin. the appellant was governed by a memorandum of association, clause (3) of which provided :3. the objects of the company are :(a) to raise funds by conducting kuries with company as foreman, receiving donations and subscription, by lending money on interest and by such other means as the company deem fit.(b) to do the needful for the promotion of charity, education, industries etc. and public good.(c) for carrying on the business of the company and for the advancement of the purpose mentioned above in so far as is appropriate, to construct buildings or to purchase or take on lease or for hire movable or immovable properties.(d) to encourage others to form other institution with the purpose of acting in accordance with the objects of the company.(e) to do all such things as are conducive to the fulfilment of the above objects.(f) to lend money on interest to one or more solvent persons individually or severally on the security of ornaments, landed properties or other forms of security fixed by the directors and to borrow money to meet the need .....

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Feb 14 1978 (SC)

Sanjay Gandhi Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Feb-14-1978

Reported in : AIR1978SC514; 1978CriLJ642; (1978)2SCC39; [1978]2SCR861; 1978(10)LC379(SC)

v.r. krishna iyer1. no party to a criminal trial has a vested right in slow motion justice since the soul of social justice in this area of law is prompt trial followed by verdict of innocence or sentence. since a fair trial is not a limping hearing, we view with grave concern any judicial insouciance which lengthens litigation to limits of exasperation. this key thought prompted us on an earlier occasion to fix a reason able, yet not hasty, time schedule for the committal proceedings in r.c.2/r977-cia-i on the file of the chief metropolitan magistrate, delhi, and this was done viably and with consent of the parties then before us (one of whom is a principal accused represented by senior counsel). we are satisfied that the magistrate has acted in the spirit of this court's order as indeed he was bound to, in refusing time. now, another accused, who was not a party to the earlier proceeding in this court, has come up with a petition praying for modification of the order fixing the time-table for, and injecting a sense of tempo into, the hearing process and committal, on the score that it hurts him by denying sufficient scope to examine the allegedly voluminous records produced by the police running into around 20,000 pages. he further (sic) ascertain whether the case, as disclosed by the police report, appears to the magistrate to show an offence triable solely by the court of session. assuming the facts to be correct as stated in the police report, if the offence is plainly .....

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Aug 22 1978 (SC)

State of Uttar Pradesh Vs. Boota Singh and ors.

Court : Supreme Court of India

Decided on : Aug-22-1978

Reported in : AIR1979SC564; (1979)1SCC31; [1979]1SCR298

fazal ali, j.1. this appeal by special leave is directed against the order of the allahabad high court dated 29th september, 1970 by which the high court acquitted the respondents of the charges framed against them by the sessions judge, dehra dun.2. the sessions judge, dehra dun by his order dated 16th july, 1969 convicted the respondents boota singh, asa singh, trilok singh and raghubir singh under section 302 read with section 34 i.p.c. and also under section 120b i.p.c. boota singh, trilok singh and asa singh were sentenced to death under section 302 read with section 34 and section 120b i.p.c. while raghubir singh was sentenced to imprisonment for life for the offence under section 302 read with section 34 and section 120b i.p.c. the four respondents mentioned above were also convicted under section 364 read with section 34 and section 120b i.p.c. and section 394 read with section 34 and section 120b i.p.c. and each of them were sentenced to rigorous imprisonment for seven years under each count. boota singh was further convicted of the offence under section 419, i.p.c. and section 471 read with section 465 i.p.c. and section 471 read with section 466 i.p.c. and sentenced to rigorous imprisonment for two years, one year and four years respectively. as three of the respondents, viz., boota singh, trilok singh and asa singh were sentenced to death, the sessions judge made a reference to the high court of allahabad for confirmation of the sentence of death. the respondents .....

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Sep 27 1978 (SC)

Venkatesh Dhonddev Deshpande Vs. Sou. Kusum Dattatraya Kulkarni and or ...

Court : Supreme Court of India

Decided on : Sep-27-1978

Reported in : AIR1978SC1791; (1979)1SCC98; [1979]1SCR955

desai, j.1. these two appeals by special leave arise from a suit filed by the respondents plaintiffs for recovering possession of land bearing survey nos. 487/1 to 487/6 situated at shirwal peta khandala from the appellant defendant. during the pendency of this suit a portion of the land in dispute was acquired under the land acquisition act and as both the plaintiffs and the defendant laid a claim to compensation, a reference was made under section 30 of the land acquisition act for determining the eligibility for the amount of compensation. the trial court decreed the plaintiffs' suit and first appeal no. 160 of 1966 was preferred by the defendant to the high court of bombay. following the decision of the trial court, the reference under section 30 of the land acquisition act was answered in favour of the plaintiffs-respondents and the defendant preferred first appeal no. 173 of 1966 to the high court. both the appeals were heard together and by its judgment dated 10/11 october, 1974 a division bench of the high court dismissed both the appeals with costs. thereupon the appellant preferred the present two appeals. as both the appeals arise from a common judgment, they were heard together and are being disposed of by this common judgment.2. facts necessary for appreciating the point of law canvassed in these appeals lie within a narrow compass. one dattatraya govind kulkarni, husband of plaintiff no. 1 and father of plaintiffs 2 to 6 had borrowed a tagai loan of rs. 12,000/- .....

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Mar 09 1978 (SC)

Madan Lal 'Dhartipakar' Vs. Shri Neelam Sanjeeva Reddy and Ors.

Court : Supreme Court of India

Decided on : Mar-09-1978

Reported in : AIR1978SC802; (1978)2SCC348; [1978]3SCR465; 1978(10)LC275(SC)

1. this is a petition filed by shri madan lal 'dharti-pakar' on august 19, 1977 under the presidential and vice-presidential election act, challenging the election of shri neelam sanjeeva reddy as president of india at the presidential election held on july 19, 1977.2. the petitioner filed a nomination paper on july 5, 1977 but that nomination paper was rejected by the returning officer because- as he admits-it was not subscribed by any elector as proposer or as seconder. he had thus admittedly not complied with the requirements of section 5b(1) of the act. the petitioner has, however, detailed reasons why he could not find any elector to propose or second his nomination papers.3. when the case came up before us today, the petitioner requested that the hearing of the petition be postponed till after the coming summer vacation. we explained to him that we did not see any sufficient reason to accede to his request. the adjournment was declined.4. the petitioner then argued at length urging that the petition should be referred to a larger bench for decision. we have fully heard and considered all that he had to say in this connection, and we are not persuaded to accede to his request.5. since there was no compliance with the requirements of section 5b(1) of the act (no. 31 of 1952), the petitioner was not a duly nominated 'candidate' within the meaning of section 13(a) of the presidential and vice presidential elections (amendment) act, 1977, and, as such, has no locus standi to .....

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Sep 28 1978 (SC)

Ratilal Bhanji Mithani Vs. State of Maharashtra and ors.

Court : Supreme Court of India

Decided on : Sep-28-1978

Reported in : AIR1959SC1979; 1979CriLJ41; (1979)2SCC179; [1979]1SCR993

sarkaria, j.1. this appeal by special leave is directed against a judgment, dated january 21, 1976, of the high court of judicature at bombay in criminal revision application no. 565 of 1969, whereby it set aside an order, dated february 26, 1969, of the chief presidency magistrate and directed the latter to restore case no. 244/c.w. of 1968 against the accused persons, excepting accused no. 7 (who is since dead) for being dealt with in the light of the observations made therein.2. the case was originally instituted on april 1, 1961 on the basis of a criminal complaint filed by the assistant collector (customs) in the court of the chief presidency magistrate, esplanade, bombay. it is alleged in the complaint that between august 1957 and march 1960, offences under section 120b, i.p.s., read with section 167(81) of the sea customs act, 1978, and section 5 of the imports and exports act, 1947, were committed by one ramlal laxmidutta nanda and seven others, including the appellant, who is accused no. 2 in the trial court. ramlal laxmidutta nanda was alleged to be the principal culprit. he died on september 15, 1960. as a result of a conspiracy, twenty-for consignments of goods came from abroad and were received in bombay. the conspiracy was carried out in this manner. by steamer, two consignments bearing similar marks would arrive such as m.t.s. m.i.s. marked in triangle. the first consignment would contain the genuine goods and the second consignment would contain less number of .....

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Sep 12 1978 (SC)

Dr. S.P. Kohli, Civil Surgeon, Ferozepur Vs. High Court of Punjab and ...

Court : Supreme Court of India

Decided on : Sep-12-1978

Reported in : AIR1978SC1753; 1978CriLJ1804; (1979)1SCC212; [1979]1SCR722; 1978(10)LC870(SC)

jaswant singh, j.1. this appeal by special leave is directed against an order dated the 29th september, 1975 of the punjab and haryana high court at chandigarh directing prosecution of the appellant for an offence under section 193 of the indian penal code and asking the registrar of the court to lodge a complaint in respect of the aforesaid offence in the court of competent jurisdiction.2. the circumstances giving rise to this appeal are : on the basis of recovery of the dead body of a minor girl of fourteen or fifteen years of age named kaushalaya devi from the residential house of one bhajan lal aged 35 years, resident of abohar (hereinafter referred to as 'the accused') on the night between the 14th and 15th of march, 1973 when his wife and children were away, the accused was tried for the murder and rape of the said girl. to start with, the police did not effect the arrest of the accused who from the evidence recorded in the case appeared to be a big landlord. later on, however, on the statement of the father of the deceased girl, a case was registered against the accused and he was taken into custody at 1.00 p.m. on the 15th march, 1973. dr. c.d. ohri who conducted the post mortem examination of the dead body of kaushalaya devi, deceased opined on the basis of the observations made by him that the death of the deceased had occurred as a result of asphyxia due to constriction of the neck which was ante mortem and sufficient in the ordinary course of nature to cause death .....

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