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Judgment Search Results Home > Cases Phrase: mediation Court: supreme court of india Year: 1978 Page 7 of about 76 results (0.073 seconds)

Feb 02 1978 (SC)

Binod Bihari Lal and ors. Vs. Rameshwar Prasad Sinha and ors.

Court : Supreme Court of India

Decided on : Feb-02-1978

Reported in : AIR1978SC1201; 1978(26)BLJR572; (1978)1SCC632

n.l. untwalia, j.1. this appeal by certificate is by the defendants. it arises out of a suit for partition filed by the plaintiffs-respondents. the suit was decreed in part by the trial court. the patna high court modified the decree of the trial court in some respects in favour of the plaintiffs. the defendants have come up to this court.2. mr. s.n. prasad appearing for the appellants pressed this appeal in regard to only two items of properties : (1) the house at sadisopore, the ancestral village home of the parties; and (2) certain bakasht lands which bad become the kasht of the intermediary under section 8 of the bihar land reforms act. learned counsel submitted that these two properties were the self-acquired properties of the appellants ancestors, the trial court was right in holding that the house at sadisopore was such a property and both the courts below were wrong in holding that the bakasht lands were not the self-acquired properties.3. it appears from the judgments of the courts below that by and large both the properties and specially the house, leaving aside the land upon which it stood, were acquired by sheosaran lal who had a large amount of practice as a lawyer at arrah and patna. but the appellants were defeated on the ground that the properties had been blended together with the joint family properties and hence quite long before the institution of the partition suit they had become joint family properties by blending. mr., prasad submitted that in absence .....

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Jan 19 1978 (SC)

Baiju Alias Bharosa Vs. State of Madhya Pradesh

Court : Supreme Court of India

Decided on : Jan-19-1978

Reported in : AIR1978SC522; 1978(26)BLJR54; (1978)1SCC588; [1978]2SCR594; 1978(10)LC93(SC)

p.n. singhal, j.1. ramdayal (deceased) son of ranglal (p.w. 2) lived in his house at village gauripur, district sarguja, with his two wives smt. fulkunwar (deceased) and smt. lakhpatiya (p.w. 1), his father ranglal, his mother smt. bhagwanti (deceased) and his nephew rambakas (deceased). although ramdayal married twice, he did not have a child and he and his family were keenly interested in his having a child somehow. it is alleged that in the month of kuar appellant baiju alias bharosa gave out that he had been sent by one niranjan gauntia and introduced himself to the family as a sorcerer or wizard who could bring about the birth of a child in the family with his extraordinary powers. he visited the family several times and practised sorcery. in those days smt. fulkunwar was suffering from small-pox and the appellant therefore went away saying that he would return after her recovery. he went there again in the month of kartik of his own accord and practised sorcery in ramdayal's house for two nights. he went to ramdayal's house again in the month of aghan and practised sorcery. he had a well of ramdayal's house dug in and took out a piece of bone which, according to him, was an evil omen and prevented the birth of a child. he started taking ramdayal and his wives to an adjoining 'nala' at mid night on the pretext of driving away the evil spirit. in this way, it is alleged, the appellant gained the confidence of the entire family and went and stayed at ramdayal's house in .....

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Jul 24 1978 (SC)

Dharmadeepti, Alwaye, Kerala Vs. Commissioner of Income Tax, Kerala

Court : Supreme Court of India

Decided on : Jul-24-1978

Reported in : [1978]114ITR454(SC); (1978)3SCC499; [1978]3SCR1038; 1978(10)LC531(SC)

1. this appeal, by certificate under section 261 of the income-tax act, 1961, is directed against the judgment of the high court of kerala disposing of a reference made to it by the income-tax appellaffc tribunal under section 256(1) of the act.2. the appellant is an association constituted under a licence granted under section 25 of the companies act, 1956 on january 5, 1967. the relevant provisions of its memorandum of association are :3. (a) : the main objects to be pursued by the company on its incorporation are :(i) to give charity.(ii) to promote education.(iii) to establish or aid in the establishment of associations, institutions, funds, trusts with the object of promoting charity and/or education provided that the company shall not support its funds or endeavour to impose on, or procure to be observed by, its members or others any regulation or restriction which if an object of the company, would make it a trade union.(b) the objects incidental or ancillary to the attainment of the above main objects are :(i) to receive donations, subscriptions, or gifts for the furtherance of the purpose of the company, and to do all such other things as may be considered to be incidental or conducive to the attainment of its objects or any of them, by the directors.(ii) ... ... ... ... ... ... ...(iii) ... ... ... ... ... ... ...(iv) to run chitties (kuries).(v) ... ... ... ... ... ... ...(vi) ... ... ... ... ... ... ...(vii) ... ... ... ... ... ... ...(c) the other objects for .....

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Feb 28 1978 (SC)

Ramanbhai Nagjibhai Patel Vs. Jashvant Singh Udesingh and ors.

Court : Supreme Court of India

Decided on : Feb-28-1978

Reported in : AIR1978SC1162; (1978)GLR833; (1978)0GLR33; (1978)3SCC142; 1978(10)LC340(SC)

n.l. untwalia, j. 1. this is an appeal under section 116a of the representation of the people act, 1951 hereinafter called the act, by a person who was elected from mahemdabad constituency, district kaira at the general flections held in june, 1975 to the gujarat legislative assembly. the first respondent in this appeal is the election petitioner at whose instance the election of the appellant was set aside by the gujarat high court. respondents 2 to 6 are the unsuccessful candidates at the said election. the appellant was impleaded as respondent no. 1 in the election petition. respondents 2 to 6 were respondents 2 to 6 in the election petition also. the appellant contested the election as an independent candidate and out of the unsuccessful candidates, respondent no. 3 was a candidate set up by the congress party then known as the ruling congress. the election petition to all intents and purposes seems to have been bled at the instance and for the bent tit of respondent no 3.2. the polling took place on the 8th of june, 1975. the results were declared on the 12th june, 1975. the appellant was declared elected to the gujarat assembly from the constituency aforesaid. election petition no 7 of 1975 was tiled by one ramabhai punjabhai. but this election petition was not proceeded with respondent no. 1 filed election petition no. 8 of 1975 on the 28tb of july, 1975. the high court, by its judgment under appeal, allowed the said election petition and set aside the election of the .....

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Jul 21 1978 (SC)

Central Coal Washery Vs. Workmen and anr.

Court : Supreme Court of India

Decided on : Jul-21-1978

Reported in : AIR1978SC1424; [1978(37)FLR138]; 1978LabIC1252; (1978)IILLJ350SC; (1978)3SCC332; [1978]3SCR1023; 1978(10)LC598(SC)

1. the short question that arises for determination in this appeal is whether the workmen of the bhojudih coal washery of the appellant were entitled to be paid bonus for the years 1964-65 to 1968-69 under the payment of bonus act, 1965 (for short the act).2. the hindustan steel limited owns three steel plants at rourkela, durgapur and bhilai. since large quantities of the metallurgical coal are needed in the manufacture of steel, the hindustan steel limited set up three coal washeries at dugda, bhojudih and patherdih, these three coal washeries were started one after the other, the first to start being the dugda coal washery which commenced functioning from june 1962. the management of these three coal washeries was vested in the hands of the central coal washeries organisation which was set up as an independent organisation separate from the hindustan steel limited. this organisation which is the appellant before us maintained separate accounts in respect of its establishment which consisted of these three coal washeries and also prepared a separate balance sheet and profit and loss account showing the aggregate financial result of the operation of these three coal washeries. though the establishment of the appellant was set up in june 1962, the provisions of the act did not become applicable to it until the year 1964-65 in view of sub-section (4) of section 1 of the act. there could, therefore be no question of payment of bonus to the workmen of the bhojudih coal washery .....

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Sep 07 1978 (SC)

Northern India Caterers (India) Ltd. Vs. Lt. Governor of Delhi.

Court : Supreme Court of India

Decided on : Sep-07-1978

Reported in : (1978)7CTR(SC)130

pathak, j. - this and the connected appeal are directed against the judgment of the high court of delhi disposing of a reference made to it under s. 21(3) of the bengal finance (sales tax) act, 1941 as extended to the union territory of delhi on the following question :-'whether the service of meals to casual visitors in the restaurant is taxable as a sale(i) when the charges are lumpsum per meal or(ii) when they are calculated per dish' the high court has answered the question in the affirmative.2. the appellant runs a hotel in which loading and meals are provided on 'inclusive terms' to residents. meals are served to non-residents also in the restaurant located in the hotel. in the assessment proceedings for the assessment years 1957-58 and 1958-59 under the bengal finance (sales tax) act, 1941, the appellant contended that the service of meals to residents and non-residents could not be regarded as a sale and therefore sales tax could not be levied in respect thereof. the contention was rejected by the sales tax authorities, who treated a portion of the receipts from the residents and non-residents as representing the price of the foodstuffs served. at the instance of the appellant, the high court called for a statement of the case on two questions. one was whether the supply of meals to residents, who paid a single all-inclusive charge for all services in the hotel, including board, was exigible to sales tax. the second was the question set fourth above. the high court .....

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May 02 1978 (SC)

Mohan Lal and anr. Vs. Ajit Singh and anr.

Court : Supreme Court of India

Decided on : May-02-1978

Reported in : AIR1978SC1183; 1978CriLJ1107; (1978)3SCC279; [1978]3SCR823

1. this appeal by special leave is directed against die judgment of the punjab and haryana high court dated july 9,1975, giving benefit of doubt to respondent ajit singh (hereinafter referred to as the respondent) and acquitting him of offences under sections 302, 392 and 397 i.p.c. for which he was convicted by the additional sessions judge of faridkot on october 31, 1974. the additional sessions judge had sentenced the respondent to death for the offence under section 302 i.p.c. and to rigorous imprisonment for five years and seven years respectively for the offences under sections 392 and 397 i.p.c.2. nishan chand (deceased); son of appellant mohair lal (p. w. 5), was a resident of roranwali. he was secretary of roranwali and phulu khera co-operative societies. the respondent was nishan chand's friend and was secretary of roranwali patti sikhan cp-operative society. he also used to live in village roranwali with his maternal-uncle gurdial singh who was the village chairman.3. it is alleged that nishan chand and the respondent left together on june 17, 1974, for villages lambi and malout on nishan chand's bicycle, as they had to deposit the money realised by them. they did not however return to roranwali that night. mohan lai's other son satpal, who was studying in class viii in a school at sikhanwala, saw nishan chand's bicycle lying at some distance from the boundary of village roranwali, near a culvert, on the 'pakka' road leading to sikhanwala, and he also saw a man .....

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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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Mar 20 1978 (SC)

Patel Narsi Ladhu Vs. Bhatt Chimanlal Ratanji and ors.

Court : Supreme Court of India

Decided on : Mar-20-1978

Reported in : 1980Supp(1)SCC770

v.r. krishna iyer, j. 1. these appeals can be disposed of by a common order which we propose to pass in civil appeal no. 707/75, a principal appeal in which the matter has been fully discussed by the high court.2. we need not set out the facts elaborately not need we discuss she issues at length since we are disposed to agree with the high court on all the findings it has recorded and our final order deals really with the absence of a finding of the high court on a certain aspect of the case.3. the haveli mandir, limbdi, was the owner of lands which are the subject matter of the present proceedings. the said lands were owned in barkhali right by the mandir; that these were owned by the mandir and not by the private individual who laid claims to them, was established by the adjudication of the charity. commissioner in this behalf, however, possession of the lands had been transferred under sale deed executed by one of the three brothers who claimed private ownership of the lands in question, namely, bhalchandra. the charity commissioner directed the trustees appointed under the boat bay public trust act, 1950 to bring a suit and recover possession of the trust property in the hands of the alieness who happened to be the defendants appellant. the defendants appellants raised various questions including adverse possession by their predeessor, bhalchandra, they also raised a question that under the saurashtra barkhali abolition act, 1951, occupancy certificate had been issued to .....

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