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Judgment Search Results Home > Cases Phrase: mediation Court: supreme court of india Year: 1989 Page 1 of about 76 results (0.276 seconds)

Dec 04 1989 (SC)

Udai (Dead) (Through Lrs.), Ram Kishan (Dead) (Through Lrs.) and Other ...

Court : Supreme Court of India

Decided on : Dec-04-1989

Reported in : AIR1990SC471; JT1989(4)SC498; 1989(2)SCALE1283; [1989]Supp2SCR722; 1990(1)LC417(SC)

..... he is entitled to regain possession in spite of any order or decree to the contrary. the word 'occupant' thus signifies occupancy and enjoyment. mediate possession, {except where the immediate possessor holds on behalf of the mediate possessor), is of no consequence. in this way even persons who got into occupation when lands were abandoned get recognition. the section eliminates inquiries into .....

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Dec 22 1989 (SC)

Video Electronics Pvt. Ltd. and anr. and Weston Electronics Ltd. and a ...

Court : Supreme Court of India

Decided on : Dec-22-1989

Reported in : AIR1990SC820; 1989(2)SCALE1483; (1990)3SCC87; [1989]Supp2SCR731; [1990]77STC82(SC); 1990(1)LC482(SC)

..... that would fall within the purview of article 301. the argument that all taxes should be governed by article 301 whether or not their impact on trade is immediate or mediate, direct or remote, adopts, in our opinion, an extreme approach which cannot be upheld. if the said argument is accepted it would mean, for instance, that even a legislative enactment .....

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Mar 30 1989 (SC)

Smt. Chandrakantaben, Wife of Jayantilal Bapalal Modi and Narendra Jay ...

Court : Supreme Court of India

Decided on : Mar-30-1989

Reported in : AIR1989SC1269; (1989)2GLR1051; JT1989(4)SC115; 1989(1)SCALE802; (1989)2SCC630; [1989]2SCR232

lalit mohan sharma, j.1. these appeals are directed against the decision of the gujarat high court in an appeal arising out of a suit for partition instituted by the respondent no. 1, vadilal bapalal modi (since deceased).2. the father of the plaintiff vadilal was bapalal who had 5 sons- the plaintiff, ramanlal, gulabchand, kantilal and jayantilal ; and a daughter-champaben. gulabchand was impleaded as the first defendant in the suit and on his death his heirs and legal representatives have been substituted. kantilal and champaben are defendants no. 2 and 3 respectively. ramanlal predeceased bapalal and his wife and son are defendants no. 4 and 5. jayantilal also died earlier and his wife smt. chandrakantaben, defendant no. 6 is the appellant in civil appeal no. 418 of 1973. their children are defendants no. 7 to 12. civil appeal no. 520 of 1973 has been preferred by the 7th defendant, narendra.3. the suit by vadilal was instituted in 1960, claiming share in the considerably large properties detailed in the schedule to the plaint, but the present appeals are not related to any other item excepting the property described as a chawl admeasuring 7 acres and 2 gunthas of land with 115 rooms and huts, situated in the naroda locality in ahmedabad under lot no. 8 of the plaint which has been referred to by the counsel for the parties before us as the chawl or the naroda chawl. according to the case of the defendants no. 6 to 12, this property exclusively belongs to defendant no. 6 .....

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Jun 21 1989 (FN)

PandLE; R. Co. Vs. Ry. Labor Execs.' Ass'n

Court : US Supreme Court

Decided on : Jun-21-1989

..... a 156 notice seeking to amend the agreement to forbid the railroad from making outlying assignments. the issue was not settled by the parties, and the union called for mediation. while the mediation board proceedings were pending, the railroad posted a bulletin creating the disputed assignment at trenton. the union threatened a strike, the company sued to restrain the strike, and ..... labor dispute in question, or who has failed to make every reasonable effort to settle such dispute either by negotiation or with the aid of any available governmental machinery of mediation or voluntary arbitration." [ footnote 7 ] title 49 u.s.c. 11347 (1982 ed., supp. v) requires labor protective provisions when a rail carrier is involved in certain transactions ..... if arbitration is rejected and the dispute threatens" "substantially to interrupt interstate commerce to a degree such as to deprive any section of the country of essential transportation service, the mediation board shall notify the president," who may create an emergency board to investigate and report on the dispute. 10. while the dispute is working its way through these stages, ..... application of existing contracts. the latter are subject to compulsory arbitration. the former are subject to the procedures set out in 156 and 155, which specify the functions of the mediation board. in trainmen v. jacksonville terminal co., 394 u. s. 369 , 394 u. s. 378 (1969), we described the procedures applicable to major disputes: "the act provides a .....

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Jun 19 1989 (FN)

Consol. Rail Corp. Vs. Ry. Labor Execs.' Ass'n

Court : US Supreme Court

Decided on : Jun-19-1989

..... agreements often contain implied, as well as express, terms. the union conceded at oral argument that an employer would have the authority, without engaging in collective bargaining or statutory mediation, to open its locker room 15 minutes later than it had in the past without first establishing its contractual right to do so through a separate arbitration proceeding. tr. ..... dispute resolution processes of the rla), cert. pending, no. 87-1631. [ footnote 3 ] in addition, the rla provides for arbitration of a major dispute in the event that mediation fails. thus, the national mediation board is required to "endeavor . . . to induce the parties to submit their controversy to arbitration." 5 first. participation, however, is voluntary. see aaron, voluntary arbitration of ..... . at 363 u. s. 579 . full utilization of the board's procedures also will diminish the risk of interruptions in commerce. failure of the "virtually endless" process of negotiation and mediation established by the rla for major disputes, burlington northern r. co. v. maintenance of way employes, 481 u. s. 429 , 481 u. s. 444 (1987), frees the parties ..... the rates of pay, rules, or working conditions of its employees, as a class, as embodied in agreements except in the manner prescribed in such agreements" or through the mediation procedures established in 6. this statutory category "relates to disputes over the formation of collective agreements or efforts to secure them. they arise where there is no such agreement .....

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Feb 28 1989 (FN)

Twa Vs. Flight Attendants

Court : US Supreme Court

Decided on : Feb-28-1989

..... ). contract negotiations are limited in scope to the matters raised by the parties' bargaining notices, see 45 u.s.c. 156; both during and after strikes that occur following unsuccessful mediation, the union often will maintain its status as exclusive bargaining representative. see, e.g., trans world airlines, inc. v. independent federation of flight attendants, 809 f.2d 483, 492 (ca8 ..... the national mediation board acting under 2 ninth of the rla as amended in 1934. both the majority and the dissent agreed, however, that page 489 u. s. 441 "[t]he 1934 act ..... 1934." id. at 300 u. s. 543 , citing 2 third, 2 fourth, and texas & n. o. r. co. v. railway clerks, 281 u. s. 548 (1930). in switchmen v. national mediation bd., 320 u. s. 297 (1943), the court divided over whether the federal courts have jurisdiction under 2 fourth to review a certification of union representatives for collective bargaining by ..... wages and working conditions not including the seniority bidding system. they pursued all the required dispute resolution mechanisms of the rla, including direct negotiation, 45 u.s.c. 152 second, mediation, 45 u.s.c. 155 first, and the final 30-day "cooling off" period. ibid. by early 1986, a strike seemed imminent, and on march 7, 1986, the union went .....

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Jun 15 1989 (FN)

Patterson Vs. Mclean Credit Union

Court : US Supreme Court

Decided on : Jun-15-1989

..... .s.c. 1981. but this is precisely where it would make sense for congress to provide for the overlap. at this stage of the employee-employer relation, title vii's mediation and conciliation procedures would be of minimal effect, for there is not yet a relation to salvage. c the solicitor general and justice brennan offer two alternative interpretations of 1981 ..... employee of the same right to make contracts as a white person. [ footnote 2/15 ] the court suggests that overlap between 1981 and title vii interferes with title vii's mediation and conciliation procedures. ante at 492 u. s. 180 -182, and n. 4. in johnson v. railway express agency, inc., 421 u.s. at 421 u. s. 461 , however, we .....

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Nov 17 1989 (SC)

Ajmer Singh and ors. Vs. State of Haryana and ors.

Court : Supreme Court of India

Decided on : Nov-17-1989

Reported in : JT1989(4)SC481; 1989(2)SCALE1137; (1990)1SCC227; [1989]Supp2SCR209

v. ramaswami, j.1. one bishan das who is the father of respondents 2 to 5 and another by name mubari ram whose legal representative are respondents 6 and 7, owned considerable extent of land in pakistan. he died on april 11, 1948 after he migrated to india. after his death the rehabilitation department allotted 124 standard acres and 4-1/4 unit of evacuee land on 26th august, 1949 'the five sons of bishan das were treated as entitled to this land as heirs and successors of the displaced person and accordingly mutation was allowed by the rehabilitation authorities on february 17, 1953 in favour of the five sons showing each of them titled to 24 standard acres and 13 units of land, permanent rights in regard to this allotted land were also conferred by the authorities under the provisions of the said displaced persons (compensation and rehabilitation) act in the names of the sons of bishan das on january 2, 1956. these lands were in the occupation of different tenants against whom the five brothers initiated ejectment proceedings by filing applications under section 9(1)(i) of the punjab security of land tenures act, 1953 (hereinafter called 'the act') for ejectment on the ground that each of them is a 'small land-owner' as defined in section 2(2) of the act and that they required the land for self-cultivation. the assistant collector, hissar rejected the application. the owners'appeals were dismissed by the collector on january 4, 1965. their revision also was rejected by the .....

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Jan 24 1989 (SC)

State of Tamil Nadu Vs. Anandam Viswanathan

Court : Supreme Court of India

Decided on : Jan-24-1989

Reported in : AIR1989SC962; JT1989(1)SC181; 1989(1)SCALE176; (1989)1SCC613; [1989]1SCR301; [1989]73STC1(SC); 1989(1)LC404(SC)

sabyasachi mukharji, j.1. special leave granted in special leave petitions (c) nos. 10539, 4704 and 921 of 1978. these appeals by leave under article 136 of the constitution, arc from the orders of the high court of madras, involving a common question though for different assessment years. it would be appropriate to deal with civil appeals nos. 2346-47/78, and the facts in other appeals are essentially the same.2. the assessee in these cases had entered into contracts with the universities and other educational institutions in the country for printing question papers for the said educational institutions. the assessee in the demand notes prepared, gave the charges for printing, blocks, packing charges, handling charges, delivery charges, postage, value of paper and value of packing materials separately in the relevant assessment years. the question involved is, whether the taxable turnover should also include the printing and block-making charges or not. it appears from the judgment of the high court that for the assessment year 1966-67, the printing charges amounted to rs. 99,675.00 and block-making charges amounted to rs. 2,923.95, totalling rs. 1,02,598. 95. similarly, so far as the assessment year 1968-69 is concerned, the printing charges amounted to rs. 1.33.137/- and block-making charges amounted to rs. 5,361.75 totalling rs. 1,38,498.75.3. the controversy involved in these appeals was, whether these two amounts were includible in the assessable turnover of the .....

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Jan 25 1989 (SC)

Commissioner of Income-tax, Madras Vs. South Arcot District Co-operati ...

Court : Supreme Court of India

Decided on : Jan-25-1989

Reported in : (1989)80CTR(SC)83; [1989]176ITR117a(SC)

r.s. pathak, c.j.1. this appeal by certificate granted by the high. court of madras is directed against the judgment of the high court disposing of a reference in favour of the assessee and against the revenue.2. the respondent-assessee is a co-operative society registered under the madras co-operative societies act. the assessee entered into an agreement with the state government during the previous year ending june 30, 1960, relevant to the assessment year 1961-62, whereby the assessee agreed to hold a stock of ammonium sulphate belonging to, and on behalf of, the state government, and to store it in godowns which, admittedly, belonged to the assessee. under the agreement, the assessee was required further to take all necessary steps to enable such stocking and storage of the fertiliser, including taking delivery of the stock at the rail-head and transporting it to the godowns. during the previous year relevant to the assessment year 1961-62, the assessee received a sum of rs. 31,316 on this account, the amount being described as commission.3. in the assessment proceedings for the assessment year 1961-62, the assessee claimed exemption from tax under section 14(3)(iv) of the indian income-tax act, 1922, in respect of the said sum of rs. 31,316. the income-tax officer denied the exemption, and on appeal, the appellate assistant commissioner of income-tax' confirmed the denial. but, on second appeal by the assessee, the income-tax appellate tribunal held that the various .....

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