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Judgment Search Results Home > Cases Phrase: mediation Court: supreme court of india Year: 1993 Page 6 of about 118 results (0.079 seconds)

Sep 09 1993 (SC)

Union of India (Uoi) and ors. Vs. Vijay Kumari (Miss)

Court : Supreme Court of India

Decided on : Sep-09-1993

Reported in : JT1993(5)SC307; (1994)IILLJ707SC; 1993(3)SCALE697; 1994Supp(1)SCC84

b.p. jeevan reddy, j.1. leave granted.2. heard the counsel for the parties.3. the appeal is preferred against the judgment of the central administrative tribunal, principal bench, new delhi, allowing the petition filed by the respondent in 2551 of 1990; the union of india is the appellant.4. the respondent, vijay kumari was appointed a lab. attendant in the women's polytechnic, directorate of technical education, delhi administration on october 8, 1973 in the pay-scale of rs. 950-1500/-. she continued in the post till 22nd february, 1988 i.e., for a period of about 15 years. for the last four years i.e., from may 16, 1984 to february 22, 1988 she was teaching the students of two-year diploma course in secretarial practice (hindi). on february 23, 1988 she was promoted to the post of junior lecturer in the pay-scale of rs. 2000-3200/-. on september 19, 1988 she was reverted to the post of lab. attendant with effect from august 23, 1988 under an order which reads as follows:-in continuation of this directorate order of even number dated 24.7.1988, and with prior approval of secretary, training and technical education, miss. vijay kumari, appointed as jr. lecturer, secretarial practice (hindi), on purely ad hoc and emergent basis stands reverted to her original post of laboratory attendant w.e.f. 23.8.1988.5. complaining against the said order, the respondent, mis vijay kumari approached the tribunal on 3rd december, 1990. she characterised the impugned order of .....

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Nov 24 1993 (SC)

Babu Ram and ors. Vs. Prem Singh and anr.

Court : Supreme Court of India

Decided on : Nov-24-1993

Reported in : 1995Supp(2)SCC666

r.m. sahai,; s.p. bharucha and; n. venkatachala, jj.1. the short question that arises for consideration in this appeal directed against the judgment and decree of the punjab and haryana high court is, if a suit for pre-emption is liable to be dismissed if the vendee-defendant improves his status as provided in the punjab pre-emption act.2. amar singh and kehar singh were admittedly co-sharers. in 1976, plaintiff-respondent purchased share of amar singh and became a co-sharer. kehar singh died in 1977. his share was purchased from his successor by the defendant-appellant in 1981. soon thereafter suit was filed by the respondent claiming that he being a co-sharer had a preferential right to purchase the land. the suit was decreed, except for a part of the land as it was found that it was reclaimed by the appellant and he had improved his status. the decree was affirmed by the first appellate court and the high court.3. on the finding that a portion of the land has been reclaimed, which finding has become final, the learned counsel for the appellant urged that the effect of reclaiming was that the appellant improved his status and since there was no partition or division he should be deemed to have improved his status for the entire land and the suit for pre-emption was liable to be dismissed. it is not necessary to decide this question as it is not disputed that if reclamation had been done after filing of the suit it would not affect its maintainability. the high court and the .....

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Dec 07 1993 (SC)

Punjab and Haryana High Court Bar Association, Chandigarh Through Its ...

Court : Supreme Court of India

Decided on : Dec-07-1993

Reported in : AIR1994SC1023; 1994CriLJ1368; JT1993(6)SC650; 1993(4)SCALE636; (1994)1SCC616; [1993]Supp3SCR915; 1994(1)LC199(SC)

1. special leave granted.2. this appeal is a sequel to an unfortunate occurrence dated january 25, 1993 wherein kulwant singh, advocate, practicing at the district courts, ropar, his wife and a child aged about two years were alleged to have been abducted and murdered. the lawyer fraternity in general and the advocates practising at the high court and the district courts in the states of punjab, haryana and the union territory of chandigarh were not satisfied with the police investigation. the punjab and haryana high court bar association (bar association) demanded a judicial enquiry into the occurrence by a sitting judge of the high court or a district judge or a vigilance judge belonging to the higher judiciary. their demand, having not been acceded to the by state government, the bar association went on indefinite strike with effect from february 6, 1993. later on, the district bar associations in the states of punjab, haryana and the union territory of chandigarh also went on strike thereby stopping the functioning or the courts throughout the jurisdiction of the punjab and haryana high court. an action committee formed by the bar association held an enquiry into the matter and submitted its report on february 14, 1993. the report is reproduced hereunder : - report of the killing of mr. kulwant singh advocate, his wife and two years old association of punjab and haryana high court formed an 'action committee' for the release of mr. kulwant singh, advocate, his .....

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Feb 10 1993 (SC)

R.C. Poudyal and ors. Vs. Union of India and Others

Court : Supreme Court of India

Decided on : Feb-10-1993

Reported in : AIR1993SC1804; JT1993(2)SC1; 1993(1)SCALE489; 1994Supp(1)SCC324; [1993]1SCR891

order1. these petitions under article 226 of the constitution of india - which were originally filed in the high court of sikkim and now withdrawn by and transferred to this court under article 139-a- raise certain interesting and significant issues of the constitutional limitations on the power of parliament as to the nature of the terms and conditions that it could impose under article 2 of the constitution for the admission of new state into the union of india. these issues arise in the context of the admission of sikkim into the indian union under the constitution (35th amendment) act, 1975 as the 22nd state in the first schedule of the constitution of india.2. earlier, in pursuance of the resolution of the sikkim assembly passed by virtue of its powers under the government of sikkim act, 1974, expressing its desires to be associated with the political and economic institutions of india and for the representation of the people of sikkim in india's parliamentary system, the constitution (35th amendment) act, 1974 had come to be passed inserting article 2a which gave the state of sikkim the status of an 'associate state', but later sikkim became, as aforesaid, an integral part of the indian union as a full-fledged state in the union by virtue of the constitution (36th amendment) act, 1975, which however, provided for special provisions in article 371-f to accommodate certain historical incidents of the evolution of the political institutions of sikkim. it is the .....

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Jun 11 1993 (SC)

State of Punjab and ors. Vs. Brigadier Sukhjit Singh

Court : Supreme Court of India

Decided on : Jun-11-1993

Reported in : JT1993(3)SC748; 1993(3)SCALE25; (1993)3SCC459; [1993]3SCR944

madan mohan punchhi, j.1. these two appeals at the instance of the state of punjab, are directed against a common judgment of a learned single judge of the punjab and haryana high court, passed in regular second appeal nos. 1719 and 1720 of 1989 and are limited in scope to the determination of title to a double storeyed building situated in a complex known as jallowkhana in the town of kapurthala. these appeals have arisen in the following manner.2. the respondent herein is brigadier sukhjit singh. he is the son of maharaja paramjit singh and the grand-son of maharaja jagajit singh in the order of primogeniture succession. the ancestry of maharaja jagjit singh is traced to baba jassa singh ahluwalia, the founder of kapurthala state and the ahluwalia dynasty. it is common ground that there is a complex known as jallowkhana at kapurthala which encompasses two historic havelis, which in the context mean palaces, going by the names haveli baba jassa singh and nihal mahal. besides these two havelis, there are open spaces and other structures in the complex and the disputed one is a double storeyed building presently in the occupation of state of punjab through its public works department. the plaintiff-respondent claiming that since the possession of the state of punjab thereon was permissive in character and in the nature of a licence, and despite his terminating the same the state of punjab had not vacated the disputed building, he sought relief by way of a suit for mandatory .....

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Jul 14 1993 (SC)

Raja Video Parlour and ors. Vs. State of Punjab and ors.

Court : Supreme Court of India

Decided on : Jul-14-1993

Reported in : AIR1993SC2330; JT1993(4)SC227; 1993(3)SCALE105; (1993)3SCC708; [1993]Supp1SCR149

s.c. agrawal, j.1. leave granted.2. heard learned counsel for the parties.3. these appeals are directed against the judgment of the high court of punjab & haryana dated august 5, 1992 dismissing the writ petitions filed by the appellants wherein they had challenged the orders refusing to grant or renew the licence for exhibition of video films through video cassette recorder (vcr) video cassette player (vcp) and a video projector on a separate screen in the video parlours run by them. the appellants have also challenged the validity of the proviso to sub-rule (3) of rule 10 and rule 5(3) of the punjab exhibition of films on television screen through video cassette player (regulation rules, 1989 (hereinafter referred to as 'the rules') made by the government of punjab in exercise of the powers conferred on it by punjab cinemas (regulation) act, 1952 (hereinafter referred to as 'the act').4. the appellants are running video parlours wherein they exhibit pre-recorded video cassettes of cinematograph films with the aid of a vcr/vcp and a video projector on a large screen of the size of 100 inches or 120 inches. the premises in which they conduct the said business are having a capacity of more than 50 seats. in the punjab cinemas (regulation) rules, 1952 that were framed by the government of punjab in exercise of the powers conferred by the act, there was no special provision for grant of licence for such public exhibition of films. on january 10, 1986, the government of punjab .....

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Jul 27 1993 (SC)

Deokabai (Smt) Vs. Uttam

Court : Supreme Court of India

Decided on : Jul-27-1993

Reported in : JT1993(4)SC374; 1993(3)SCALE255; (1993)4SCC181; [1993]Supp1SCR409

madan mohan punchhi, j.1. this appeal is directed against the judgment and decree dated july 29, 1986 passed by a division bench of the nagpur bench of the bombay high court in letter's patent appeal no.69 of 1983 arising in first appeal no.125 of 1982.2. the appellant herein deokabai is an aged widow residing in a portion of a house with her daughter and grand children. on 18.1.79 she entered into an agreement to sell that portion of the house in her possession with uttam, the respondent. the total sale consideration was fixed at rs. 48,000/- out of which rs. 5,000/- was paid to her as earnest money. the agreement for sale was reduced to writing. it contained an important term to the following effect (as translated by us, the original being in hindi):before registration of the sale deed of this house in your name, permission of the competent authority, nagpur, is necessary. therefore, i shall immediately take steps to obtain the permission. after the date of getting the permission from the competent authority, when i would get another suitable house then i would get the sale deed of this house registered in your name.3. it appears that on 19.1.79, the day following the day of the execution of the agreement, she entered into another agreement for sale pertaining to the other portion of the house with one jayanti lai shah and later executed a sale deed, registered in his favour. so far as the present agreement for sale was concerned, she took the step of applying for necessary .....

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Oct 12 1993 (SC)

Devi Singh and ors. Vs. Board of Revenue for Rajasthan and ors.

Court : Supreme Court of India

Decided on : Oct-12-1993

Reported in : JT1993(6)SC152; 1993(4)SCALE202; (1994)1SCC215; [1993]Supp3SCR221; 1994(1)LC103(SC)

order1. these appeals are directed against a common order dated 28.7.81 made by the high court of rajasthan, jaipur bench in civil writ petition nos. 164 to 168 of 1977.2. the cause for these appeals is a direction issued by the board of revenue, rajasthan, a functionary established under the rajasthan tenancy act, 1955 empowered, in the regular course, to hear second appeals. five suits were filed by the respective appellants in these appeals against the state of rajasthan in the court of the assistant collector, bharatpur seeking declaration that by virtue of section 5(4) of the rajasthan zamindari and biswedari abolition act, 1959 they had become khatedars for they were owners in actual cultivation over the said area on the crucial date. the suits were contested by the state of rajasthan. in support of their claim the appellants, the plaintiffs therein, produced revenue records such as jamabandis of the samvat 2002, 2006, 2018 and 2026 showing consistent actual possession over the lands claimed by them. it appears that jamabandi for the samvat 2015 was not produced by either party and this jamabandi could have been the closest to the date on which the zamindari and biswedari under the act was abolished. the gap therein was filled by the plaintiffs appellants by production of oral evidence which the trial court believed. the only witness examined by the state being the patwari of the village could be of no assistance to defend the suit. as a result the suits were decreed. .....

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Sep 14 1993 (SC)

Satpal and ors. Vs. State of Haryana and ors.

Court : Supreme Court of India

Decided on : Sep-14-1993

Reported in : 1995Supp(1)SCC206

a.m. ahmadi,; m.m. punchhi and; k. ramaswamy, jj.and1. the appellants herein feeling aggrieved by the judgment rendered by a division bench of the punjab and haryana high court dated 4-2-1993 have preferred these appeals by special leave. the brief facts which need to be noticed for the disposal of these appeals are as under:2. on receipt of a requisition from the director of land records for filling vacancies in the post of patwaris, an advertisement was issued on 7-5-1987, inviting applications from eligible candidates for the existing 485 vacancies. pursuant to this advertisement, over a lakh of candidates applied for the post of patwari. it appears that thereafter the subordinate service selection board (hereinafter called the board) was dissolved on 22-6-1987, and was reconstituted on 25-6-1987. thereupon, a fresh advertisement was issued for filling in the said 485 vacancies on 22-7-1987. on the requisition of the director, the total number of vacancies were enlarged to 1000 or thereabout. as a very large number of candidates had applied, the board constituted various committees for interviewing the candidates at different stations. on receipt of the recommendations from these committees, the board selected 2318 candidates. however, the government reduced the number to 1313 candidates. on their successful completion of the training they would eventually be appointed patwaris under the provisions of the haryana revenue patwaris (group c) service rules, 1981 ( .....

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Aug 17 1993 (SC)

His Highness Maharaja Pratap Singh Vs. Her Highness Maharani Sarojini ...

Court : Supreme Court of India

Decided on : Aug-17-1993

Reported in : 1994(1)BLJR48; 1993(3)SCALE394; 1994Supp(1)SCC734; [1993]Supp1SCR607

1. the judgment of the court was delivered by mohan, j.- the facts leading to these appeals are as under. 2.nabha was a princely state in pre-independence india. it was one of the three phulkian states. the other two were patiala and jind. the matter of succession to chiefship, the rule of primogeniture was followed by the phulkian families. this rule was also followed in the state of nabha. while the eldest son became the chief, provision was made for the younger sons for their maintenance by way of grant of jagir, land or purse. 4.when the british had paramountcy in india they subjected the ruling chiefs to various restrictions. one such restriction was about the purchase of the property outside the territory of their own state. the policy was enunciated to discourage the acquisition, whether direct or indirect, by sovereign or feudatory princes, of any lands in british territory, however and from whomever acquired. this policy was communicated to all native states in punjab including the state of nabha. 5.maharaja ripudaman singh was the ruling chief of nabha state in the early twenties of this century. his ruling powers were withdrawn by the british government in the year 1923. thereafter, he was deposed from the gaddi in 1928 and was exiled to kodaikanal in tamil nadu. he resided in kodaikanal till 1942 when he died. he left behind his wife, sarojini devi, three sons, pratap singh, kharagh singh and gurbaksh singh and two daughters, kamla devi and vimla devi. 6. .....

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