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Judgment Search Results Home > Cases Phrase: mediation Court: supreme court of india Year: 1992 Page 10 of about 113 results (0.259 seconds)

Apr 23 1992 (SC)

Pundlik Krishna Ji and Others Vs. Trimbak Bhikaji Patil and Others

Court : Supreme Court of India

Decided on : Apr-23-1992

Reported in : AIR1992SC1338; JT1992(3)SC110; 1992(1)SCALE908; 1992Supp(2)SCC290; [1992]2SCR749; 1992(1)LC737(SC)

orderkuldip singh j.1. these appeals are directed against the judgment of the nagpur bench of bombay high court directing the ejectment of the appellants from three tracts of agricultural-land which the appellants are in cultivating possession since 1951.2. respondent bhikaji is the owner of about 20 acres of land subject-matter of the dispute. the said land is in cultivating possession of the appellants since 1951 and according to them, they have acquired the status of protected lessees under the berar regulation of agricultural leases act, 1951 (hereinafter called 'the berar act') and the bombay tenancy and agricultural lands (vidarbha region) act, 1958 (hereinafter called 'the bombay act').3. the respondent bhikaji initiated proceedings before the sub-divisional officer buldana for ejectment of the appellants on the ground that predecessor of the first appellants created sub-leases in favour of second appellant and one zipra wanchu and as such their tenancy was liable to be terminated in terms of section 8(1)(c)(f) of the berar act. bhikaji filed two separate applications against the appellants. the applications were resisted by the appellants inter alia on the ground that all the three persons, namely, pundlik krishna, keshao krishna and zipra wanchhu were independent lessees in their own rights and as such there was no question of pundlik krishnaji having created sub-leases in favour of the other two. before the sub-divisional officer, the respondent bhikaji produced a .....

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Aug 04 1992 (SC)

Director, Institute of Management Development, U.P. Vs. Smt. Pushpa Sr ...

Court : Supreme Court of India

Decided on : Aug-04-1992

Reported in : AIR1992SC2070; [1992(65)FLR571]; JT1992(4)SC489; (1993)ILLJ190SC; 1992(2)SCALE155; (1992)4SCC33; [1992]3SCR712; 1993(1)SLJ124(SC); (1993)1UPLBEC7

orders. mohan, j.1. special leave granted.2. the civil appeal is directed against the judgment and order of the high court of allahabad, lucknow bench, lucknow dated 30th november, 1991 rendered in writ petition no. 1041 of 1991. it was filed by the respondent in which the prayer was for a mandamus to the appellant-institute to regularise the services of the respondent forthwith as executive in the institute of management development, uttar pradesh.3. the appellant is an institute established inter alia with the object of undertaking applied scientific, industrial and management research, more particularly, in the field of applied sciences with the emphasis on technical management including production management, financial management, marketing management etc. it is an autonomous body. it is governed by the rules of the association of the institute.4. the respondent was first appointed in the appellant-institute as a research executive on a consolidated fixed compensation of rs. 1,260/- per month on contract basis for a period of three months. it was specifically stated in the order that it was purely on ad hoc basis, liable for termination without any notice on either side.5. by an order dated 18th of july, 1988 the appointment of respondent was extended for a further period of three months with effect from 2nd august, 1988 on the same terms and conditions. here again, it requires to be noted that the appointment was purely on ad hoc basis. on 28th of january, 1989 a fresh .....

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Apr 09 1992 (SC)

Ramlal Vs. Madan Gopal and ors.

Court : Supreme Court of India

Decided on : Apr-09-1992

Reported in : 1995Supp(4)SCC655

m.m. punchhi and; s.c. agrawal, jj.1. special leave granted.2. the sole ground which impresses us is that the appellant did not have the advantage of pressing forth oral arguments through counsel before the additional district judge, yamuna nagar, hearing the appeal. the district judge proceeded to decide the case on the basis of written arguments submitted by the parties. oral arguments could not be advanced because there was a strike of the members of the bar who abstained from appearing in the court. it is perhaps for this reason that the district judge thought that it was expedient to decide the case on the basis of written arguments. but in our view the issue involved in this case was such that the efficacy of oral arguments could not be underestimated.3. having regard to the special facts and circumstances of the case we think it proper that the view of the additional district judge should be reobtained before his decision of fact becomes binding in second appeal before the high court. for this reason we set aside the impugned judgment and order of the high court as also that of the additional district judge, yamuna nagar and remit the case back to the additional district judge for rehearing the appeal after giving opportunity to the parties' counsel to address their arguments but subject to payment of rs 5000 as costs. the additional district judge shall dispose of the appeal within a period of two months from today. counsel for the parties are directed to appear .....

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Jul 31 1992 (SC)

Madan Lal Vs. State of Punjab and Others

Court : Supreme Court of India

Decided on : Jul-31-1992

Reported in : AIR1994SC647

1. we have heard learned counsel for the parties. special leave granted.2. the appeal is against the judgment and order dated 14th january 1992 by the high court of punjab and haryana in civil writ petition no. 541 of 1992 dismissing appellant's writ petition in limine. we are afraid the dismissal of the writ petition was not justified in view of the antecedent litigation between the parties culminating in an earlier judgment dated 2nd december 1991 of the high court in writ petition no. 5728 of 1991 which had declared appellant's eligibility for consideration for selection to the punjab civil service (executive branch) (class-i) service from the feeder-cadres of tehsildars and naib tehsildars. by the same judgment, the high court had held - correctly or erroneously is not the question here - that in considering the case of the appellant for such selection, the relevant standards and criteria were those that obtained at the time the vacancies arose and not the amended standards that came into force subsequently on the 4th april 1990. in coming to that conclusion, the high court had placed reliance upon the pronouncement of this court in y.v. rangaiah v. j. sreenivasa rao : (1983)iillj23sc . the decision of the high court dated 2nd december 1991, not having been appealed against had assumed finality between the parties and became binding on the respondents.3. pursuantly, in obedience to that order of the high court the financial commissioner (revenue) was required to consider .....

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Apr 30 1992 (SC)

Guljar HussaIn Vs. State of Uttar Pradesh

Court : Supreme Court of India

Decided on : Apr-30-1992

Reported in : AIR1992SC2027; 1992CriLJ3659; 1993Supp(1)SCC554

1. the appellant guljar hussain stands convicted under section 302, i.p.c. and sentenced to imprisonment for life. his two companions accused who were charged similarly with the aid of section 34, i.p.c. were acquitted by the high court whereas the conviction of the appellant was maintained. the order of the court of session convicting all the three accused was thus modified. hence, this appeal.2. the deceased in this case was intzar hussain. on the date of occurrence, i.e. 3rd january, 1975, he was scheduled to marry afroz jahan begum. the marriage had been arranged by chuttan, the father of the bride and the appellant. the appellant and his brothers did not approve of the match. the parties were otherwise familiar with each other because another sister of the accused named anisa stood married to shamshad, the brother of the deceased. it is alleged that at about 6-30 p.m. some time before the marriage party was about to leave the house of the bridegroom, the appellant and his two companions arrived there. one of the companions of the appellant caught hold of the bridegroom from behind and the 'other instigated ; to kill him which led the appellant deliver a knife blow in the abdomen of the deceased. the victim died at about 7-30 p.m. while in hospital. his injury had been examined by dr. jamil ahmed, pw-3. the post-mortem of the deceased was conducted by another medical expert named dr. mukherjee. after the usual steps of investigation, the appellant was sent up for trial .....

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Jan 07 1992 (SC)

Hardan Singh and Others Vs. Deputy Director of Conslolidation and Othe ...

Court : Supreme Court of India

Decided on : Jan-07-1992

Reported in : AIR1992SC1009; JT1992(4)SC468; 1993Supp(1)SCC457

1. ram bux owned agricultural lands in two villages, namely, parson and galand in the then tehsil ghaziabad, district meerut in the state of uttar pradesh. he had two wives. from his first wife, he had a son named rasal singh. from his second wife, he had four sons. he died somewhere in the year (sic). his progeny were in occupation of his agricultural lands when consolidation operations started in the villages sometimes in the late sixties. a dispute arose between the heirs of ram bux with regard to the rule of succession. the progeny of the first wife claimed that they had half share in the owned agricultural lands of ram bux. the progeny of the second wife claimed that they had 4/5th share in the properties of ram bux, under the rules of succession known to hindu law, ram bux having left five sons. the customary succession pleaded by the progeny of the first wife was chondapatt whereby the share is determined wife-wise. it appears that in the ordinary course of litigation in village parson the deputy director of consolidation, merrut when confronted with the subject, vide judgment dated 25-3-1971, took stock of the situation and determined in favour of the chondapatt customary succession. since the claim of the progeny of the first wife however was confined to 2/5th share instead of one half, as that had been their accepted share for a long time, their claim was allowed to the extent of 2/ 5th and their holdings were consolidated in village parson on that basis. when the .....

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Jan 08 1992 (SC)

Virsa Singh Vs. State of Punjab and Others

Court : Supreme Court of India

Decided on : Jan-08-1992

Reported in : AIR1992SC716; 1993Supp(1)SCC645

1. this appeal by special leave is virtually against the decision of a learned single judge of the punjab and haryana high court which was affirmed by the letters patent bench by a limine order of dismissal.2. the few facts involved are these :the appellant is the son of one ladha singh. ladha singh was a displaced person from west punjab, now pakistan. he was allotted agricultural lands in village lehra gaga, teh. sunam, distt. sangrur (punjab state) on quasi-permanent basis. on the scrutiny of his case later when the revenue records came from pakistan, there was detected a discrepancy. it appears that ladha singh had claimed allotment of land far in excess than was due to him. there were two heads of account of land abandoned in pakistan. one was in the name of ladha singh, son of ganpat singh and the other in the name of ladha singh son of sant singh. the appellant claimed that ladha singh son of ganpat singh and ladha singh son of sant singh was one and the same person. the managing officer differed from that view. permitting the appellant to retain the allotment due to ladha singh son of ganpat singh, it was proposed to cancel the allotment representing the land belonging to ladha singh son of sant singh. since proprietary rights had before-hand been obtained by the appellant of the entire allotted area and the managing officer had no jurisdiction to cancel allotment until proprietary rights were set aside, reference was made to the chief settlement commissioner to .....

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Apr 21 1992 (SC)

M/S. Lilasons Breweries (Pvt.) Ltd. and Another Vs. State of Madhya Pr ...

Court : Supreme Court of India

Decided on : Apr-21-1992

Reported in : AIR1992SC1393; JT1992(3)SC236; 1992(1)SCALE834; (1992)3SCC293; [1992]2SCR595; 1992(2)LC141(SC)

orderpunchhi, j.1. this appeal is directed against the judgment and order dated september 4, 1980 of a division bench of the high court of madhya pradesh at jabalpur in miscellaneous petition no. 48 of 1978.2. vires of rule 22 of the madhya pradesh brewery rules, 1970 framed under section 62 of the madhya pradesh excise act, 1915 stands questioned. that rule says:22. excise commissioner to appoint officer-in-charge of brewery : every brewery shall be placed by the excise commissioner under the charge of an excise inspector to be designated as officer-in-charge of the brewery. the excise commissioner will further appoint such other officer of the excise department as he may deem fit to the charge of breweries. the pay of all such officers shall be met by the government; provided that when the annual charges exceed five per cent of the duty leviable on the issue made from the brewery to districts within the state excess shall be realised from the brewer.3. the roots of the rule, through the provisions of the madhya pradesh excise act, require to be traced, as well as the nature of the exaction provided in it. a broad framework of the working of the act would thus be necessary.4. the state has the exclusive right or privilege of manufacture or sale of liquor. there is no fundamental right of any citizen to carry on trade and business of liquor. this is the settled position of law. see in this connection nashirwar v. state of m.p. : [1975]2scr861 , a case under the madhya pradesh .....

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Mar 26 1992 (SC)

Bawa Singh Vs. State of Punjab

Court : Supreme Court of India

Decided on : Mar-26-1992

Reported in : AIR1993SC292; 1993CriLJ49; JT1992(2)SC497; 1993Supp(2)SCC754

1. two points arise in this appeal. the first one is whether the appellant had a right of private defence when causing the death of kaka singh in order to save his mother gurnamo and the second one is if he had no such right, what is the nature of offence committed by him. mr. a. n. mulla learned counsel for the appellant has taken us through the entire evidence of the prosecution as well as the findings recorded by the high court. after doing so and having canvassed fairly on the first point he has chosen to abandon the plea of private defence and has mainly confined to the nature of the offence committed by the appellant. this alone would need elaboration.2. the occurrence took place on the morning of october 2, 1979 in a street in village dhandyal, district, sangrur, punjab in which the houses of the deceased as well as that of the appellant are situated. the deceased kaka singh was seen by the appellant coming and the latter along with three others, since acquitted, surrounded him. firstly, the deceased was felled down and then two blows with sharp pointed and cutting weapons were inflicted on him. one was on the chest and abdomen and the other was on the back of the deceased near the first lumber vertebrae closed to the mid line. the first injury was attributed to the appellant and the second one to dev singh accused since acquitted. the deceased when injured was taken to the hospital and remained an indoor patient for seven days thereafter and in the meantime was .....

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Apr 29 1992 (SC)

M/S. Central Coal Fields Ltd. and ors. Vs. State of Orissa and Others

Court : Supreme Court of India

Decided on : Apr-29-1992

Reported in : II(1992)ACC271; AIR1992SC1371; 74(1992)CLT171; JT1992(3)SC77; 1992(1)SCALE984; 1992Supp(3)SCC133; [1992]2SCR982; 1992(2)LC230(SC)

orderpunchhi, j.1. these four appeals by special leave have roots in bolani ores ltd. etc. v. state of orissa etc. : [1975]2scr138 . these are directed against the common judgment of the high court of orissa dated 30th august, 1976 passed in original jurisdiction cases nos. 1266, 1267, 1222 and 1166 of 1975. since the appellants have a common cause, these appeals can conveniently be disposed of by a common judgment without resorting to individual facts of each case.2. the appellants are limited companies engaged in mining activities in the state of orissa. they hold large tracts of land in that state for the purpose. they have earmarked or enclosed these areas by various means, such as putting up of boundary pillars, erection of check-gates, digging of trenches, etc. they have also constructed approach roads in those areas to facilitate their mining operations. no member of the public is allowed to enter those lease-hold premises without prior permission. in order to carry out their activities the appellants put to use machinery within their leasehold areas, of a variety. but instantly we are concerned directly with two of them, i.e., dumpers of various denominations, and rockers, which seemingly are similar to dumpers but are heavier than those. dumpers and rockers, are known to carry bulk goods, building materials, mining products, agricultural and forestry products, earth, stones, bricks, concrete, mortar, etc., their structure being of a simple design and easy to handle. .....

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