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Judgment Search Results Home > Cases Phrase: mediation Court: supreme court of india Year: 1987 Page 6 of about 77 results (0.185 seconds)

Feb 13 1987 (SC)

Rameshwar Dass and ors. Vs. State of Haryana and ors.

Court : Supreme Court of India

Decided on : Feb-13-1987

Reported in : AIR1987SC713; [1987(54)FLR445]; JT1987(1)SC420; 1987LabIC637; (1987)ILLJ514SC; 1987(1)SCALE344; 1987Supp(1)SCC711; 1987(1)LC426(SC)

order1. on april 3, 1984, the management of the hissar textile mills, hissar gave notice of its intention to close down the mill to the government of haryana under section 25 ffa of the industrial disputes act the mill was closed down with effect from june 3, 1984. over 3000 workmen were affected as a result of the closure of the mill. the workmen filed a writ petition in the high court of punjab and haryana which was dismissed in limine. the present petition for special leave to appeal has been filed under art. 136 of the constitution. we issued notice not only to the management of the mills but also to the central government and state government in order to spare no effort to re-start the mill. our efforts at persuasion having failed, we heard the special leave petition on merits. two points were raised by the learned counsel for the petitioners. the first was that a direction should be issued to the central government to take appropriate action under section 18 aa(b) of the industries (development and regulation) act. the second was that the management should be directed to pay retrenchment compensation under the main clause of section 25 fff(l) of the industrial disputes act instead of under the proviso as it had done.2. in regard to the first submission of shri ramamurti, there does not appear to be any question of issuing a direction to take over the management of the undertaking under section 18 aa(b) of the industries (development and regulation) act at this stage, as .....

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Sep 24 1987 (SC)

Dr A.K. JaIn and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Sep-24-1987

Reported in : JT1987(4)SC445; 1987(2)SCALE1002; 1987Supp(1)SCC497; [1988]1SCR335; 1989(1)SLJ188(SC)

orderafter hearing learned counsel for the parties at great length having regard to the peculiar facts and circumstances of these cases we pass the following order in the above writ petitions:1. the services of all doctors appointed either as assistant medical officers or as assistant divisional medical officer on ad hoc basis upto 1.10.1984 shall be regularised in consultation with the union public service commission on the evaluation of their work and conduct on the basis of their confidential reports in respect of the period subsequent to 1.10.1982. such evaluation shall be done by the union public service commission. the doctors so regularised shall be appointed as assistant divisional medical officers with effect from the date from which they have been continuously working as assistant medical officer/assistant divisional medical officer. the railway shall be at liberty to terminate the services of those who are not so regularised. if the services of any of the petitioners appointed prior to 1.10.84 have been terminated except on resignation or on disciplinary grounds, he shall be also considered for regularisation and if found fit his services shall be regularised as if there was no break in the continuity of service but without any backwages.2. the petitions of the assistant medical officer/assistant divisional medical officers appointed subsequent to 1.10.1984 are dismissed. but we however direct that the assistant divisional medical officers who may have been now .....

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Mar 24 1987 (SC)

Commissioner of Sales Tax Vs. Leather Facts Co.

Court : Supreme Court of India

Decided on : Mar-24-1987

Reported in : AIR1987SC1343; JT1987(1)SC806; 1987(1)SCALE659; (1987)2SCC380; [1987]2SCR630; [1987]66STC91(SC); 1987(2)LC108(SC)

orderm.p. thakkar, j.1. a transaction of sale or purchase which takes place 'in the course of export' falling within the purview of sub-section (3) of section 5 of the central sales-tax act. 1956 (hereinafter called the 'act') cannot be subjected to sales-tax by any state. the said provision inter alia provides that the last sale or purchase of any goods preceding the sale or purchase occasioning the export of those goods out of the territory of india shall also be deemed to be in the course of such export.(i) provided such last sale or purchase took place 'after' and(ii) was for the purpose of complying with, the agreement or order for or in relation to such exportsuch a transaction cannot be subjected to sales tax/purchase tax by any state in view of the embargo imposed by article 286(1)(a). the controversy centering around this question has been set at rest in consolidated coffee ltd. v. coffee board, bangalore a.i.r. (vol. 46) p. 164. under the circumstances, if the last sale in favour of the respondent who is a dealer in hides and skins and exports the same out of the territory of india has taken place (1) after an agreement was entered into for such export or order for such export had been accepted by him, (2) last sale made in his favour was for the purpose of complying with the obligation undertaken under the said agreement or order, the transaction reflected in such last sale or purchase cannot be lawfully taxed under the sales tax act. it cannot be taxed because of .....

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Feb 18 1987 (SC)

Mysore Rolling Mills (P) Ltd. Vs. Collector of Central Excise, Belgaum

Court : Supreme Court of India

Decided on : Feb-18-1987

Reported in : AIR1987SC1488; 1987(11)ECC421; 1987(28)ELT50(SC); JT1987(1)SC476; 1987(1)SCALE382; (1987)1SCC695; [1987]2SCR318; 1987(1)LC630(SC)

ranganath misra, j.1. this appeal under section 35-l of the central excises and salt act, 1944 is directed against the decision of the customs, excise and gold (control) appellate tribunal upholding the decision of the appellate collector of central excises, madras. the short facts relevant for disposal of this appeal are that the appellant manufactures aluminium wire rods out of duty paid e.c. grade aluminium ingots on job basis on behalf of various customers. between september 1974 and may 1977 it received a sum of more than 6 lakh rupees from customers by issue of debit notes over and above the amounts received under regular invoices. the excise authorities came across 966 such debit notes and on the basis thereof called upon the appellant to show cause why that amount which was said to be handling charges should not be added to the invoice price and differential duty thereupon be recovered. the revenue took the stand that there was suppression of information on the part of the appellant with regard to collection of handling charges and, therefore, the notice was issued under rule 10(i)(c) of the rules framed under the act. the assistant collector confirmed the demand after cause was shown. the appellate collector upheld the demand by dismissing the appeal. the tribunal has confirmed the appellate order.2. there is no dispute that with effect from 1.10.1975 a new section 4 has been inserted into the act providing for the mode of valuation. in view of the fact that the .....

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Sep 24 1987 (SC)

Damji Vs. State of Gujarat and ors.

Court : Supreme Court of India

Decided on : Sep-24-1987

Reported in : JT1987(4)SC70; 1990Supp(1)SCC143

ordera.p. sen, j.1. by an order dated january 3, 1985, the state government of maharashtra, in exercise of the powers conferred by sub-section(1) of section 432 of the crpc, 1973, purported to remit that portion of the sentence of imprisonment, which is in excess of 20 years of total imprisonment, including all remissions, in the case of the petitioner undergoing imprisonment for life on his conviction under section 302 of the indian penal code, 1860, subject to his good behaviour and conduct in prison. the impugned order declining to give to the petitioner the benefit of premature release does not disclose any reasons. presumably, the government was misled that the case of the petitioner is governed by section 433-a of the code. according to the decision of this court in maru ram etc. v. union of india : 1980crilj1440 , the provision contained in section 433-a of the code is not applicable in those cases where the conviction was recorded prior to december 18, 1978 i.e. the date on which section 433-a was introduced by the crpc (amendment) act, 1978.2. we must accordingly allow the petition, and issue a direction to the state government to reconsider and dispose of the application made by the petitioner for premature release within a period of four weeks from today. it shall be open to the government to come to its own decision as to whether the benefit of premature release should be extended to the petitioner or not, having regard to all the attendant facts and circumstances .....

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Aug 19 1987 (SC)

Abhay Singh Surana and ors. Vs. Secretary, Ministry of Communication a ...

Court : Supreme Court of India

Decided on : Aug-19-1987

Reported in : AIR1987SC2177; JT1987(3)SC444; 1987(2)SCALE400; (1987)4SCC273; [1987]3SCR1045; 1987(2)LC604(SC)

1. this appeal by special leave is confined solely to the question of interest. in other words, the entitlement of interest on the amount awarded by arbitrator for the requisition of the premises under the requisitioning and acquisition of immovable property act 1952 is the issue. the principles upon which the compensation on this aspect is payable are by now well settled. in satinder singh and ors. v. amrao singh and ors. : [1961]3scr676 this court reiterated the principles at page 694 of the report as follows:in inglewood pulp and paper co. ltd. v. new burnswick electric power commission [1928] a.c. 429 it was held by the privy council that 'upon the expropriation of land under statutory power, whether for the purpose of private gain or of good to the public at large, the owner is entitled to interest upon the principal sum awarded from the date when possession was taken, unless the statute clearly shows a contrary intention.' dealing with the argument that the expropriation with which the privy council was concerned was not effected for private gain, but for the good of the public at large, it observed 'but for all that, the owner is deprived of his property in this case as much as in the other, and the rule has long been accepted in the interpretation of statutes that they are not to be held to deprive individuals of property without compensation unless the intention to do so is made quite clear. the right to receive the interest takes the place of the right to retain .....

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Sep 08 1987 (SC)

T.i. Madhavan, Gen. Secy., All India Railway Catering Services Workers ...

Court : Supreme Court of India

Decided on : Sep-08-1987

Reported in : 1987(35)BLJR842; JT1987(3)SC650; 1988Supp(1)SCC437

ordera.p. sen, j.1. mr. g. ramaswamy, learned additional solicitor general appearing for the respondents draws our attention to the order passed by this court in saital singh and anr. v. union of india and ors. (w.p. nos. 6804-05/82 dated december 13, 1983) and states that the union of india is prepared to abide by the terms of the order. he also submits that the direction contained in the order of this court dated march 10, 1986 in this case while issuing a rule nisi for payment of salary to the employees covered by the writ petition at the same rate as salaried bearers of the railway catering establishment w.e.f. december 1, 1983 needs modification with regard to the date from which the salary and other emoluments are payable to them upon absorption.2. we accordingly direct that all persons working as commission bearers and vendors on various railway platforms belonging to the central railway and the south central railway would be absorbed progressively as members of the permanent railway catering service as per the terms of paragraph 3 of the memorandum no. 76 tg iii/639/11 dated december 13,1976 issued by the joint director, traffic commercial (c) ii, railway board, new delhi, as and when vacancies to the posts of bearers in the railway catering service occur. as directed by this court in saital singh's case, the concerned railway administrations would first absorb all the bearers who are registered in accordance with the aforesaid memorandum, thereafter the vendors who .....

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Feb 17 1987 (SC)

Madhusudan Sahu and Others Vs. State of Orissa

Court : Supreme Court of India

Decided on : Feb-17-1987

Reported in : JT1987(1)SC742; 1987Supp(1)SCC80

orderm.p. thakkar, j.1. special leave granted.2. this order is with further reference to our earlier order passed on december 16, 1986. learned counsel for the state has now appeared before us to assist us in dealing with this matter. the report of the learned sub divisional judicial magistrate is an extremely well-considered report and we feel safe in relying on it. under the circumstances, we grant leave for compounding the offence under section 323 i.p.c. for which the appellants have been convicted. the conviction under section 323 i.p.c. must, therefore, be set aside and the appellants must be acquitted of the said offence. in regard to the other offence for which the appellants have been convicted, we feel that a compassionate approach deserves to be made having regard to the facts which have emerged in the report of the learned magistrate. haying taken into consideration all the relevant circumstances it appears that the appellants acted in a moment of aberration due to loss of self-control. we, therefore, think that the ends of justice will not be served by making a strict approach in regard to the other offence. under the circumstances, we reduce the sentence to the term already undergone. the appellants shall be set at liberty forthwith.3. the appeal is disposed of accordingly.

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Oct 09 1987 (SC)

Sarwan Kumar Onkar Nath Vs. Subhas Kumar Agarwalla

Court : Supreme Court of India

Decided on : Oct-09-1987

Reported in : AIR1987SC2302; 1987(35)BLJR815; JT1987(4)SC64; 1987(2)SCALE723; (1987)4SCC546; [1988]1SCR414; 1988(1)LC20(SC)

e.s. venkataramiah, j.1. the appellant is a firm carrying on business at jharia. it took on lease a room bearing no. 1 in a building belonging to the respondent on a monthly rent of no. 70/- on 7.11.1960 and paid in advance two months' rent, i.e., no. 140/-. the appellant paid rent regularly but did not pay the rent for the months of september and october, 1972. taking advantage of the non-payment of the rent in respect of the said two months the respondent filed a petition for eviction against the appellant contending that the appellant had become liable to the evicted from the premises in question under clause (d) of sub-section (1) of section 11 of the bihar building (lease, rent and eviction) control act, 1947 (hereinafter referred to as 'the act') which provided that on failure to pay two months' rent a tenant, was liable to be evicted from the premises taken on lease. the appellant pleaded inter alia in his written statement that at the time of the inception of the tenancy it had paid the respondent a sum of no. 140/-as advance rent with an understanding that the amount of advance could be set off against the rent whenever necessary or required, and that since under section 3 of the act it was not lawful for a landlord to claim or receive, in consideration of the grant, renewal or continuance of a tenancy of any building, the payment of any premium, salami, fine or any other like sum in addition to the rent or payment of any sum exceeding one month's rent of such .....

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Nov 02 1987 (SC)

P.N. Kumar and anr. Vs. Municipal Corporation of Delhi

Court : Supreme Court of India

Decided on : Nov-02-1987

Reported in : (1988)1CompLJ105(SC); 1987(32)ELT229(SC); [1988]172ITR624(SC); JT1987(4)SC232; 1987(3)KarLJ109; 1987(2)SCALE901; (1987)4SCC609; [1988]1SCR732; [1988]70STC189(SC); 1988(1)LC

order1. in this writ petition the petitioners have prayed for the issue of a writ in the nature of certiorari or any other appropriate order or direction quashing the order no. tax/hq/spl. cell/83-1948 dated 4-8-1983 issued by the deputy assessor and collector of the assessment and collection department of the municipal corporation of delhi fixing the rateable value of the property of the petitioners at rs. 12,10,300 with effect from 9.6.1981 and the consequent bill 180/11 dated 4-8-1983 served on the petitioners making a demand of arrears of rs. 14,07,328 as a composite amount of property tax, fire tax, water tax, scavenging tax and education tax and making any other order as the court deems fit. the first petitioner is a shareholder and company secretary of the company m/s. siddharth inter-continental hotels (india) ltd. and the second petitioner is m/s. siddharth inter-continental hotels (india) ltd. on 26.10.1987 we passed an order adjourning the case to 2.11.1987 to hear the learned counsel for the parties on the question whether the above petition under article 32 of the constitution should be decided by this court or whether we should direct the petitioners to approach the high court under article 226 of the constitution. accordingly we have heard the learned counsel.2. we are of the view that this petition should be disposed of without expressing any opinion on the merits of the case reserving liberty to the petitioners to file a petition, if so advised, before the .....

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