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Judgment Search Results Home > Cases Phrase: mediation Court: supreme court of india Year: 1991 Page 1 of about 109 results (0.076 seconds)

Dec 06 1991 (SC)

St. Stephen Vs. the University of Delhi Etc., Etc.

Court : Supreme Court of India

Decided on : Dec-06-1991

Reported in : AIR1992SC1630; JT1991(4)SC548; 1991(2)SCALE1217; (1992)1SCC558; [1991]Supp3SCR121

..... ), while at the same time affirming the right of individuals under article 29(2). there is need to strike a balance between the two competing rights. it is necessary to mediate between article 29(2) and article 30(1), between letter and spirit of these articles, between traditions of the past and the convenience of the present, between society's need .....

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Apr 11 1991 (SC)

U.P. State Road Transport Corporation and Another Vs. Mohd. Ismail and ...

Court : Supreme Court of India

Decided on : Apr-11-1991

Reported in : AIR1991SC1099; (1991)2CompLJ170(SC); [1991(62)FLR841]; JT1991(2)SC292; (1991)IILLJ332SC; 1991(1)SCALE734; (1991)3SCC239; [1991]2SCR274; 1991(2)LC61(SC); (1991)2UPLBEC855

..... to be borne in mind in exercising the discretion. firstly, there are constraints within which the corporation has to exercise its discretion. the corporation is a public utility organisation where mediating motion is efficiency and effectiveness of public service. efficiency and effectiveness of public service are the basic concepts which cannot be sacrificed in public administration by any statutory corporation. the .....

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Nov 14 1991 (SC)

Kantilal and ors. Vs. Shantilal and ors.

Court : Supreme Court of India

Decided on : Nov-14-1991

Reported in : AIR1992SC477b; JT1991(4)SC337; 1991(2)SCALE1037; (1992)1SCC481; [1991]Supp2SCR257

n.m. kasliwal, j.1. in all the above appeals the. parties are the same and the controversies raised are intimately connected and dependent on each other, hence all the cases are disposed of by one single order.2. land measuring 19 bighas was granted by the ruler of the erstwhile state of ratlam in favour of ancestors of respondents shantilal and poonam chand pitaliyas (hereinafter referred to as 'pitaliyas') for installation of a ginning factory. ancestors of kantilal jhalani and other appellants (hereinafter referred to as 'jhalanis') entered into partnership with pitaliyas and the partnership started a ginning factory on a portion of the above 19 bighas of land. the names of jhalanis and pitaliyas were recorded in the revenue records in respect of the entire land. the above 19 bighas of land had some different survey numbers but subsequently at the time of settlement in ratlam in the year' 1956-57, the numbers were changed to survey numbers 120 and 121. survey no. 120 comprised of 2 biswas and survey no. 121 of 18 bighas and 18 biswas. according to the jhalanis in execution of a decree against pitaliyas the above land was sold and jhalanis purchased the said land in an auction. thereafter, an application was moved by the jhalanis on 13th april, 1951 for mutation of their names before the tehsildar in respect of the entire lands bearing survey nos. 120 and 121 leaving such portion of the land on which the ginning factory was standing. the tehsildar vide his order dated 20th .....

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Jul 31 1991 (SC)

Joginder Singh and ors. Vs. Mst Chanan Dei W/O Anant Singh and ors.

Court : Supreme Court of India

Decided on : Jul-31-1991

Reported in : JT1991(3)SC327; 1991(2)SCALE224; 1991Supp(2)SCC175; 1991(2)LC285(SC)

r.m. sahai, j.1. mortgagee, of occupancy tenant of grade 'a' as defined in clause (a) of sub-section (1) of section 3 of the jammu and kashmir tenancy act, 1980 (1923 a.d.) act no. ii of 1980, is aggrieved by decision of the high court affirming the order of the jammu and kashmir special tribunal holding that the mortgagee was not entitled to ownership rights under big estates abolition act of 2007 (1950 a.d.) (referred as abolition act) as he was not tiller of the soil being not in cultivatory possession in kharif 2007, the material date under the act, consequently the mortgagor was entitled to restoration of possession in pursuance of decree passed for restitution of possession under jammu & kashmir restitution of mortgaged properties act of 2006 (1950 ad) (in short restitution act).2. litigation, for the land in dispute, extends nearly to four decades. this period also witnessed various state legislations, dealing with agricultural land, resulting in various proceedings before different authorities. mortgage was, admittedly, made under tenancy act of 1923. in 1949 j & k distressed debtors relief act was passed to grant relief to distress debtors. the authority to decide claim was designated as debt conciliation board. in february 1950 restitution act was passed to grant relief to the poor and destitute debtors. it provided summary procedure for restitution of mortgaged properties. it was not disputed that the mortgagor obtained a decree for restitution of the property .....

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Feb 14 1991 (SC)

Gurdip Singh and anr. Vs. Amar Singh and ors.

Court : Supreme Court of India

Decided on : Feb-14-1991

Reported in : JT1991(1)SC522; 1991(1)SCALE243; (1991)2SCC8; [1991]1SCR385; 1991(2)LC1(SC)

order1. kehar singh had two wives, basant kaur and sahib devi. sahib devi died during kehar singh's life time. sahib devi's son was niranjan singh who also died during kehar singh's life time. niranjan singh had four sons and one daughter. on 26th april, 1947 kehar singh in lieu of maintenance made three oral gifts of properties situated in three different villages in favour of his wife basant kaur. the question which arose for consideration before the lower court was whether basant kaur got an absolute estate in the gifted properties as result of the passing of the hindu succession act. in regard to the land in village ballowal the lower courts have held that she got an absolute estate. the high court was concerned in the second appeal with the lands in village dhaipai and chominda, and it held the gift having been without any power of alienation would fall under section 14(2).2. the exhibit d-1 was the report of the patwari in connection with the mutation proceedings and it said:today kehar singh owner of khewat came alongwith narain singh lambardar and stated that he had on 14th april, 1947, made an oral gift of land-half of total land measuring 8 bighas pukhta, 3 biswas and 3 biswani, which is 4 bighas pukhta, 12 biswas and 1 biswani as detailed in favour of his wife mst. basant kaur, and given possession of the same. i had only one son who is dead and he had four sons and no other male issue. there is no certainty of life. she served me. lambardar attests so the mutation .....

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Oct 09 1991 (SC)

State of Punjab Vs. Balwant Singh and ors.

Court : Supreme Court of India

Decided on : Oct-09-1991

Reported in : [1991]Supp1SCR458; 1991(2)LC754(SC)

k. jagannatha shetty, j.1. these are defendants' appeal and special leave petition arising out of a suit for possession brought by balwant singh - the plaintiff. in the special leave petition, we condone the delay and grant leave. the suit was dismissed by the court of first instance and the dismissal was affirmed by the appellate court but decreed by the high court in the second appeal.2. the issue raised in the appeal is of considerable importance and it relates to the construction of section 15 of the hindu succession act, 1956 ('the act')- one smt. mahan kaur, wife of jaimal singh inherited from her husband certain agricultural land measuring 110 kanals 12 marlas situate in village hamhal, jakhe pal in sangrur district. some of the lands were under mortgage and are in possession of defendants 2 to 6. after coming into force of the act, mahan kaur died intestate. on being informed that there was no heir entitled to succeed to her property, the revenue assistant collector sanctioned mutation in favour of the state. balwant singh claiming to be a legal heir of mahan kaur brought the suit out of which the present appeal arise. the suit was for possession of the property of the deceased and also for a declaration decree that he was entitled to redeem the mortgaged property from defendants 2 to 6. the suit was resisted by the state on the ground that the intestate has left behind no heir to succeed and the mutation effected in favour of the state was valid. defendants 2 to 6 .....

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Oct 07 1991 (FN)

Board of Governors, Frs Vs. Mcorp Financial, Inc.

Court : US Supreme Court

Decided on : Oct-07-1991

..... conflict with a provision of the national labor relations act. 14 the act, however, did not expressly authorize any judicial review of such a determination. relying on switchmen v. national mediation bd., 320 u. s. 297 (1943), the nlrb argued that the statutory provisions establishing review of final board orders in the courts of appeals indicated a congressional intent to bar ..... provides mcorp with a meaningful and adequate opportunity for judicial review of the validity of the source of strength regulation. if and when the board 15 in switchmen v. national mediation ed., 320 u. s., at 306, the court had reasoned: "when congress in 3 and in 9 provided for judicial review of two types of orders or awards and in .....

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Apr 04 1991 (SC)

Rup Singh Vs. the State of Punjab

Court : Supreme Court of India

Decided on : Apr-04-1991

Reported in : AIR1991SC1125; 1991CriLJ1345; 1991(2)Crimes139(SC); JT1991(5)SC370; 1991(1)SCALE585; 1991Supp(1)SCC206; 1991(2)LC393(SC)

ordera.m. ahmadi, j. 1. rup singh, the appellant, was serving as a revenue patwari of village balad kalan. on 22nd december, 1980, pw 5 - sukhdev sigh approached him in the patwarikhana at bhawanigarh and requested him to supply a copy of the jamabandi concerning his land as he was desirous of installing an electric motor. the appellant demanded rs. 300/- by way of illegal gratification for preparing and supplying the copy of the jamabandi. after some discussion the amount was settled at rs. 200/-. pw 5, however, was not desirous of paying the said amount to the appellant. he, therefore, approached pw 8 - gurdial singh, vigilance inspector, and gave his complaint exh. pj. thereafter, pw 5 handed over two currency notes of rs. 100/- each, exhs. p 4 and p 5, to pw 8. pw 8 treated the currency notes with phenolphthalein power and noted their numbers in the memo exh. pk. he thereafter gave a demonstration of the working of the phenolphthalein powder to pw 5 and pws 6 and 7 who had been called to witness the trap proposed to be laid. pw 5 was instructed to go to the patwarikhana and pay the amount to the appellant on demand. pw 7 was directed to accompany pw 5 and to give the signal on the appellant accepting the bribe money. accordingly, pws 5 and 7 went to the patwarikhana and met the appellant. on seeing pw 5, the appellant stepped out of the chobara and enquired if he had brought the money. on pw 5 answering in the affirmative the appellant demanded the amount which was paid .....

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May 01 1991 (SC)

Daya Chand and Others Vs. Om Dutta Sharma and Others

Court : Supreme Court of India

Decided on : May-01-1991

Reported in : AIR1991SC1725; 1991Supp(2)SCC708

1. this appeal is directed against the judgment and order of a learned single judge of the high court of allahabad dated january 25, 1985 setting aside the judgment and order of the board of revenue in dismissing the respondents' suit filed under section 229(b) of the u.p. zamindari abolition and land reforms act, 1950 and upholding the order of the trial court decreeing the suit.2. the respondents filed a suit under section 229-b of the u. p. zamindari abolition and land reforms act, 1950 for declaration of bhumidhari and sirdari rights in respect of the land in dispute which according to them had been gifted to them by smt. phoolu in 1963. the appellants who were defendants contested the suit, contending that the gift deed was invalid, and the defendants were entitled to the land as they were legal heirs of smt. phoolu. the defendants further contended that the suit was barred by section 49 of the u. p. consolidation of holdings act as the dispute between parties relating to the land had already been adjudicated by consolidation authorities and in those proceedings gift deed had been found to be invalid. the respondent's claim had been rejected by all the consolidation authorities and their orders were affirmed by the high court by its order dated 9-8-1966 in w.p. no. 2581/66 filed by om dutta respondent.3. the trial court decreed the plaintiff's suit but on an appeal the addl. commissioner set aside the order of the trial court and dismissed the suit on the finding that .....

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Feb 20 1991 (SC)

Harbans Singh and anr. Vs. Guran Ditta Singh and anr.

Court : Supreme Court of India

Decided on : Feb-20-1991

Reported in : JT1991(2)SC138; 1991(1)SCALE345; (1991)2SCC523; [1991]1SCR614

k. ramaswamy, j.1. the appellants arc mortgagees. the respondents arc the heirs of kala singh, the mortgagor. kala singh executed three mortgages in favour of the appellants resham singh, jaswant singh and harbans singh on september 17, 1962, june 17, '1961 and may 31, 1962 respectively hypothecating the agricultural lands of 16 kanals 16 marlas in each of the first two mortgages and 16 kanals in the third mortgage. the mortgagor filed an application under section 4 of the redemption of mortgages (punjab) act, 2 of 1913, for short 'the act1. he deposited a sum of rs. 10 in each mort age and sought redemption of the mortgages. ultimately the parties compromised and the mortgagor agreed to pay the balance of rs. 340 to each mortgagee within a month from may 1, 1964. the collector passed the order on compromise under section 11 thereof on february 3, 1964. he committed default in the payment thereof. the petitions were dismissed. he filed separate suits against each mortgagee for redemption within one year under sec.12 of the act on june 12, 1964. pending suits he died. thereafter the suits were dismissed. after obtaining mutation of their names in the revenue records the respondents filed separate suits for redemption of the mortgages, but beyond one year as contemplated under sec.12 read with art.14 of the limitation act, 1908. the suits were dismissed by the trial court and were confirmed by the first appellate court and by the high court in second appeals. but the division .....

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