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Judgment Search Results Home > Cases Phrase: mediation Court: supreme court of india Year: 1978 Page 6 of about 76 results (0.107 seconds)

Mar 23 1978 (SC)

Tata Chemicals Ltd. Vs. the Workmen Represented by Chemicals Kamdar Sa ...

Court : Supreme Court of India

Decided on : Mar-23-1978

Reported in : AIR1978SC828; [1978(36)FLR339]; (1978)0GLR575; 1978LabIC637; (1978)IILLJ22SC; (1978)3SCC42; [1978]3SCR535

civil appellate jurisdiction : civil appeal no. 2160 of 1977.(appeal by special leave from the award dated 21-2-77 of the industrial tribunal gujarat in reference i.t. no. 13 of 1975 published in the gujarat govt. gazette dated 17th march', 1977).g. b. pai, o. c. mathur & k. j. john for the appellant. v. m. tarkunde, k. l. hathi, p. c.kapur & s. c. patel for the respondent.the judgment of the court was delivered by jaswant singh. j. this appeal by special leave is directed against the award dated february 21, 1977 of the industrial tribunal gujarat in reference no. 13 of 1975 made on january 21, 1975, by the government of gujarat in exercise of its powers under section 1o (1) (d) of the industrial disputes act. 1947 (xiv of 1947) (hereinafter, called 'the act') for adjudication of the dispute relating to five demands ,viz. washing allowance, woollen jersey unclean allowance, trans- port allowance and variable dearne is allowance linked with ahmedabad cost of living index and adequate dearness allowance ,equal to that of textile workers of ahmedabad (which is 100 neutralisation) sponsored by the. chemicals kamdar sangh, mithapur (hereinafter referred to as 'the sangh).briefly stated, the facts leading to the appeal are : the appellant .is a public limited company registered under the indian companies .act and has its factory at mithapur in he state of gujarat. as per its practice and policy of recognising and negotiating with the union 538enjoying the support of largest number .....

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Sep 19 1978 (SC)

Avinder Singh and ors. Vs. State of Punjab and ors.

Court : Supreme Court of India

Decided on : Sep-19-1978

Reported in : AIR1979SC321; (1979)1SCC137; [1979]1SCR845

krishna iyer, j.1. this heavy bunch of writ petitions impeaching the validity of a tax on foreign liquor raises a few familiar legal riddles. a rupee per bottle sold within every municipal town or city is the impugned levy, meant, according to the punjab government, to serve the twin purposes of replenishing the resources of municipal bodies reduced by house tax exemptions and of weaning drinkers from overly consuming foreign liquor as a prohibitionist gesture. to pick the pocket of every spirituous bibber of the higher brackets by a tiny tax may be but a feeble homage to article 47 of the constitution, and to finance welfare projects with this tainted tax may be queer gandhiana. the will to enforce 'dry' sobriety in society and to abolish massive human squaller by fleecing the fat few, is made of sterner stuff, maybe. but matters of means and ends, of policy and morality, are largely for the legislature and validity is the province of the court. we let slip the observation only because, from a certain angle, these dual grounds make odd companions and add to the credibility gap, although our focus is solely on the legality of the levy.2. it is better to begin with the story of the tax under challenge. the petitioners are all licensees to trade in foreign liquor including indian made foreign liquor. they are either wholesalers or retailers and pay excise duty and other fees and taxes including sales tax under the general sales tax law which imposes a levy of 10 per cent, on .....

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Jan 16 1978 (SC)

Pathumma and ors. Vs. State of Kerala and ors.

Court : Supreme Court of India

Decided on : Jan-16-1978

Reported in : AIR1978SC771; (1978)2SCC1; [1978]2SCR537

fazal ali, j.1. these appeals by certificate granted by the high court of kerala involve a common question of law containing a challenge to the constitutionality of the kerala agriculturists' debt relief act, 1970 (act ii of 1970) (hereinafter referred to in short as the act). the appellants have assailed particularly section 20 of the act which entitles the debtors to recover the properties sold to purchasers in execution of a decree passed in liquidating the debt owed by the agriculturists.2. as the five appeals involve common questions of law we propose to decide them by one common judgment.3. section 20 of the act was assailed before the high court on three grounds, namely.1. that the act was beyond the legislative competence of the state legislature and did not fall within entry 30 of the state list.; 2. that the provisions of section 20 and the sub-sections thereof were violative of article 19(1)(f) of the constitution of india inasmuch as they sought to deprive the appellants of their right to hold property; 3. that sub-sections 3 and 6 of section 20 of the act were violative of article 14 of the constitution of india inasmuch as the stranger decree-holder was selected for hostile discrimination whereas a bona fide alienee who stood on the same footing as the stranger decree-holder was exempted from the operation of the act.4. mr. krishnamoorty iyer, learned counsel for the appellants ha not pressed point no. 1 relating to the legislative competence - of the .....

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Nov 30 1978 (SC)

The Manager, Government Branch Press and anr. Vs. D.B. Belliappa

Court : Supreme Court of India

Decided on : Nov-30-1978

Reported in : AIR1979SC429; [1979(38)FLR337]; 1979LabIC146; (1979)ILLJ156SC; (1979)1SCC477; [1979]2SCR458

r.s. sarkaria, j.1. the respondent, belliappa, was appointed temporary junior compositor in the grade of rs. 65-1-72-2-90 in the government branch press, mercara. the post was non-gazetted class iv as defined in clause (iv) of sub-rule 3 of rule 5 of the mysore civil services (classification control and appeal) rules, 1957. the employment was temporary and was to continue until further orders.2. the branch manager, mercara, respondent 1 (herein), served a notice on the respondent on december 29, 1966, stating that the respondent had taken outside the press some copies of the ballot papers relating to the director's election of coorg cardamom co-operative societies, mercara. the respondent was required to show cause before 2.00 p.m. of december 30, 1966, why disciplinary action be not taken against him as per rules. it was further stated in the notice that failure to comply with the notice will result in the respondent's suspension and further disciplinary action against him.3. thereafter on january 3, 1967, an order was served on the respondent, terminating his service. this order (hereinafter called the impugned order) runs as under:office of the manager, government branch press, mercara.memorandaas per instructions contained in head office order no. 570/66-67, dated 3-1-1967, sri d.b. belliappa, junior compositor of this office is hereby informed that your appointment is purely temporary and terminable at any time without any previous notice and without reasons being .....

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Feb 15 1978 (SC)

Union of India (Uoi) and ors. Vs. Gopal Chandra Misra and ors.

Court : Supreme Court of India

Decided on : Feb-15-1978

Reported in : AIR1978SC694; [1978(37)FLR16]; (1978)ILLJ492SC; (1978)2SCC301; [1978]3SCR12

1. by a short order, dated december 8, 1977, we (by majority) accepted these two appeals and announced that a reasoned judgment shall follow in due course. accordingly, we are now rendering the same.2. whether a high court judge, who sends to the president, a letter in his own hand, intimating to resign his office with effect from a future date, is competent to withdraw the same before that date is reached-is the principal question that falls for consideration in these two appeals, directed against a judgment, dated october 28, 1977, of the high court of judicature at allahabad, allowing the writ petition of shri gopal chandra misra, respondent herein, and issuing a direction under article 226 of the constitution, restraining shri satish chandra (hereinafter referred to as appellant 2) from functioning as a judge of the allahabad high court.3. appellant 2 was appointed to the high court of allahabad as additional judge on october 7, 1963, and a permanent judge on. september 4, 1967. he will be attaining the age of 62 years on september 1, 1986. on may 7, 1977, he sent a letter under his hand addressed to the president of india, through a messenger. this letter may be reproduced as below :tothe president of india,new delhi.sir,i beg to resign my office as judge high court of judicature at allahabad.i will be on leave till 31st of july, 1977. my resignation shall be effective on 1st of august, 1977.with my respects.yours faithfully,sd/- satish chandra.4. on july 15, 1977, .....

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Apr 26 1978 (SC)

Superintendent (Tech. I) Central Excise, I.D.D. Jabalpur and ors. Vs. ...

Court : Supreme Court of India

Decided on : Apr-26-1978

Reported in : AIR1978SC1244; 1978(26)BLJR349; 1978CriLJ1266; 1978(2)ELT613(SC); [1978]114ITR231(SC); (1978)3SCC113; [1978]3SCR729; 1978(10)LC369(SC)

1. this appeal by special leave is directed against the judgment of the madhya pradesh high court dated 19th november 1976 by which the high court quashed the notice dated 27th july 1972 issued by the assistant collector of customs and also quashed fresh adjudication proceedings started by him under the provisions of the customs act (hereinafter referred to as the act).2. the appeal lies within a very narrow compass and turns upon the interpretation of the order passed by the appellate authority under section 128 of the act. on 27th february 1969 the respondent pratap rai was detrained at jabalpur by the customs authorities while he was travelling by the bombay janta express. on being searched as many as 23 wrist watches on which no custom duty was paid were recovered from his person. thereafter adjudication proceedings under section 122 of the act were commenced by the assistant collector of customs which culminated in the order of the assistant collector dated 30th june, 1969 by which the watches were seized and ordered to be confiscated. a penalty of rs. 250/- was levied on the respondent under section 112 of the act. the respondent then carried an appeal to the appellate collector under section 128 of the act against the order of the assistant collector. the appellate collector by his order dated 22nd february 1972 vacated the order of the assistant collector mainly on the ground that the assistant collector had not complied with the rules of natural justice. the late of .....

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Mar 22 1978 (SC)

G. Appaswami Chettiar and anr. Vs. R. Sarangapani Chettiar and ors.

Court : Supreme Court of India

Decided on : Mar-22-1978

Reported in : AIR1978SC1051; (1978)3SCC55; [1978]3SCR520; 1978(10)LC312(SC)

1. this appeal is preferred by the plaintiffs against the judgment of the division bench of the high court of madras on certificate. appellants are the sister's grandsons of one gopalasami chettiar. the first defendant ramathilakam ammal is the daughter of gopalasami chettiar and the second defendant the adopted son of the first defendant is the sister's grandson of her husband sethu chettiar. the two defendants are respondents 1 and 2 in this appeal. defendants 3 and 4 are the alienees of certain properties of gopalasami chettiar from respondents 1 and 2.2. the suit was filed by the appellants for (1) a declaration that the adoption of the second respondent by the first respondent is not true and valid; (2) declaring that in any event the second respondent as an adopted son could not take the estate of gopalasami chettiar either under the will of gopalasami or by succession; (3) a declaration that alienations made by respondents 1 and 2 on 16th december, 1956 in favour of respondents 3 and 4 are not binding on the reversioners of gopalasami chettiar and will not enure beyond the life-time of the first respondent.3. the trial court found that the adoption was true but not valid since the agnates of her husband namely pattalam ramasami chettiar, another ramasami chettiar and kuppusamy chettiar were not consulted and their consent obtained. in view of this finding the trial court left open the construction of will of gopalasami chettiar and the question as to whether second .....

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Oct 24 1978 (SC)

Board of Muslim Wakfs, Rajasthan Vs. Radha Kishan and ors.

Court : Supreme Court of India

Decided on : Oct-24-1978

Reported in : AIR1979SC289; (1979)2SCC468; [1979]2SCR148

a.p. sen, j.1. this appeal by certificate is directed against the judgment of the rajasthan high court dated may 4, 1966 holding that inclusion of the disputed property in the list of wakfs published by the board of muslim wakfs, rajasthan under sub-section (2) of section 5 of the wakf act, 1954 is not binding on the respondents nos. 1 and 2, the mortgagee-purchasers and restraining the board from taking any steps under section 36b of the act for evicting them from the same.2. the subject matter in dispute is a two-storeyed building, known as dharamshala or musafirkhana, situate on mirza ismail road at jaipur. the building was constructed by the late haji mohammad ali khan, a sessions judge of the erstwhile princely state of jaipur, who owned a considerable estate, on a plot of land admeasuring 5 bighas and 3 biswas obtained from the mehakma mensa aliya council with the approval of the ruler of jaipur under a patta dated february 23, 1886 for construction of a haveli and dharamshala. it appears that haji mohammad ali khan before his death in the year 1912, had executed two wills, one on february 17, 1910 and the other on july 1, 1911, by which after making several bequests he acknowledged that he had dedicated the said property in wakf, for its use as a dharamshala and appointed his son ehsen ali khan as its mutawalli. after the death of haji mohammad am khan, there was a suit for partition of the property brought by his son faiyaz ali khan against his brother ehsan ali khan, .....

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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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Sep 12 1978 (SC)

Union of India (Uoi) and anr. Vs. Swadeshi Cotton Mills Co. Ltd. and a ...

Court : Supreme Court of India

Decided on : Sep-12-1978

Reported in : AIR1978SC1818; (1978)4SCC295; [1979]1SCR735; 1978(10)LC755(SC)

order1. an ad interim order of stay passed by the high court of delhi has been challenged before us in this appeal. we should have hesitated to interfere with an interlocutory order following the usual practice in this court. but, where repercussions are incalculable and the basis of the direction, though interlocutory, is obscure, the ends of justice dominate and we may interfere if public interest so dictates.2. here is an order of the company law board under section 408(1) of the companies act, 1956, which gives a wealth of facts and a variety of reasons to support an ultimate direction which runs thus :'since all the three conditions referred to in sub-section (1) of section 408 of the companies act, 1956, are established on the facts and circumstances of the case, the company law board hereby appoint officers for three years, in addition to the existing directors of the company :-1. shri b.m. kaul, member, railway board (retd.) 5-j-4 jawahar nagar, jaipur.2. shri a.k. mazumdar, chief secretary, orissa govt. (retd.) 26/2, dover road, apartment no. 4, calcutta-19.3. shri p.k. choksi, senior partner, price waterhouse pest & co., b-4, gillander house, calcutta-1.4. shri s.k. mitra, president, institute of cost & works accounts of india, 14-a/6 western extension area, karol bagh, new delhi-5.5. shri p.a.s. rao, formerly president of the institute of company secretaries of india, c-7/7, vasant vihar, new delhi.6. shri m.c. bhatt, joint secretary, govt. of india (retd.) b-22, .....

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