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Judgment Search Results Home > Cases Phrase: mediation Court: us supreme court Year: 1992 Page 1 of about 66 results (0.047 seconds)

Jun 19 1992 (FN)

WisconsIn Dept. of Revenue Vs. William Wrigley, Jr., Co.

Court : US Supreme Court

Decided on : Jun-19-1992

..... other (presumably per-unit-cost-distorting) free gum. wrigley itself did not have the temerity to make this argument. 235 ing." app. 71, 72. it hardly appears likely that this mediating function between the customer and the central office would have been performed by some other employee-some company ombudsman, so to speak-if the on-location sales staff did not .....

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Jun 24 1992 (FN)

Lee Vs. Weisman

Court : US Supreme Court

Decided on : Jun-24-1992

..... tenth amendment in condemning such proclamations by a national officer. i do not, in any event, understand petitioners to be arguing that the establishment clause is exclusively a structural provision mediating the respective powers of the state and national governments. such a position would entail the argument, which petitioners do not make, and which we would almost certainly reject, that incorporation .....

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Mar 06 1992 (SC)

Biri Singh Vs. State of U.P. and ors.

Court : Supreme Court of India

Decided on : Mar-06-1992

Reported in : 1992CriLJ1510; 1992(1)Crimes1000(SC); JT1992(2)SC229; 1992(1)SCALE558; 1992Supp(2)SCC264

1. all the above three appeals are directed against the judgment of the allahabad high court dated 9th april 1979 rendered in criminal appeal no. 234/79 connected with criminal appeal no. 210/79 whereby the high court has acquitted all the respondents/accused by setting aside the judgment of the trial court passed in sessions trial no. 82/76 convicting all the 12 respondents under sections 147, 148 and 302, 307, 323 and 324 - all read with section 149 of the indian penal code and sentencing the respondents raj kumar and raghuvir singh to death subject to the confirmation by the high court as contemplated under section 363 of the crpc and sentencing each of the remaining respondents to life imprisonment and also to varied terms of imprisonment for other offences with the direction that the sentences imposed on raj kumar and raghuvir singh should merge with the capital sentence and the sentences imposed on others to run concurrently. the criminal appeal no. 703/79 is preferred by the complainant biri singh whilst criminal appeal nos. 704 and 705 of 1979 are preferred by the state of u.p. since all the three appeals arise out of the common judgment, we pass the following common judgment.2. these respondents (accused) took their trial on the allegations that on 23.8.1971 in the jungle of village badarkha sirbas within the limits of pahasu police station in bulandshahr district they all formed themselves into an unlawful assembly and in the prosecution of the common object of the .....

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Mar 05 1992 (SC)

Guro (Smt.) Vs. Atma Singh and ors.

Court : Supreme Court of India

Decided on : Mar-05-1992

Reported in : I(1993)DMC394SC; JT1992(2)SC125; (1992)2MLJ52(SC); 1992(1)SCALE552; (1992)2SCC507; [1992]2SCR30; 1992(2)LC21(SC)

s.c. agrawal, j. 1. the question for consideration in this appeal relates to the genuineness of a will said to be executed by one ganga singh whereby he bequeathed all his property to his distant cousin, atma singh, respondent no. 1, the grandson of the brother of the grandfather of ganga singh. ganga singh had a brother ranga singh and a sister banti. both, ranga singh and banti had died during the life time of ganga singh. smt. guro, the appellant herein, is the daughter of banti. at the time of his death, on october 10, 1968, ganga singh was having one-third share in land measuring 148 kls. 11 mls. in village dall, tehsil patti, district amritsar. on october 2, 1968, ganga singh is said to have executed the will in question whereby he bequeathed his entire property to respondent no. 1. after the death of ganga singh, proceedings regarding mutation of the lands in his share were initiated and in those proceedings respondent no. 1 sought mutation in his favour on the basis of the will. the appellant sought mutation as the nearest heir, being daughter of ganga singh's sister. the assistant collector, i grade, patti sanctioned the mutation in favour of the appellant and did not accept the will on the ground that it was not beyond suspicion. thereafter respondent no. 1 filed a suit for declaration wherein he claimed one-third share of ganga singh on the basis of the will dated october 2, 1968. the said suit was contested by the appellant who disputed the genuineness of the will .....

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Apr 22 1992 (SC)

Mst. Kanchaniya and Others Vs. Shiv Ram and Others

Court : Supreme Court of India

Decided on : Apr-22-1992

Reported in : AIR1992SC1239; JT1992(3)SC174; 1992(1)SCALE868; 1992Supp(2)SCC250; [1992]2SCR670; 1992(2)LC555(SC)

orders.c. agrawal, j.1. this appeal by special leave is directed against the judgment of the high court of madhya pradesh dated october 6, 1980 in m.p. no. 12/73 arising out of proceedings initiated by shiv ram, respondent no. 1 herein, against malkhan under section 248(1) of the madhya pradesh land revenue code, 1959 (hereinafter referred to as 'the code'), for his ejectment from 19 bighas 8 biswas of land in village juara, district morena, madhya pradesh, on the ground that he was in unauthorised possession of the said land. 2. in village juara, district morena, falling in the former gwalior state, there is a temple of shri ram janakiji. 78 bighas 17 biswas of agricultural land had been given, by way of maufi, for the temple by the ruler of the former gwalior state. vasudev rao, father of respondent no. 1, was the pujari of the said temple and he was described as the maufidar in the revenue records. the said maufi grant was revoked and the maufi land was handed over to the department of aukaf as government property vide circular dated august 13, 1934 of the government of gwalior state. by order of the commissioner (maufi & aukaf), government of gwalior state, dated december 10,1935, mutation was made of the said agricultural land as government property and its management was handed over to the pujari, vasudev rao for the purpose of management through parwana issued is his favour. on the death of vasudev rao, the name of respondent no. 1 was mutated in the place of vasudev .....

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Feb 12 1992 (SC)

Ram Jattan and Others Vs. State of U.P.

Court : Supreme Court of India

Decided on : Feb-12-1992

Reported in : AIR1994SC1130; 1994CriLJ58

1. there are eight appellants. they along with four others were tried for the offences punishable under sections 147, 148, 302 read with 149, 307 read with 149, 324 read with 149, i.p.c. by the learned second additional sessions judge, azamgarh. all of them were convicted for the said offences and the substantial sentence awarded was life imprisonment. they were also awarded various sentences of imprisonment on other counts. an appeal preferred by all of them was dismissed by the high court. only eight of them filed a special leave petition which was granted by this court. hence this appeal.2. the prosecution case is as follows :the accused dal singhar's maternal uncle left behind five bighas of land at village bhanpur. this land was inherited by the widow of ramjas smt. badaki. accused dal singhar is said to have obtained a fictitious sale deed in his name and in the name of his three brothers from smt. badaki, who on coming to know of it, filed an objection in the mutation proceedings. a suit was also filed for the cancellation of the said sale deed which was pending at the time of the incident. a few days before the date of incident, the appellants along with certain other persons forcibly harvested the barley crop belonging to smt. badaki. this led to a riot and gunshots are said to have been fired by accused dal singhar and others in which the appellants and some others received injuries and a criminal case was registered. on the date of occurrence i.e. 8-4-1974 deceased .....

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Mar 25 1992 (SC)

Food Corporation of India and Another Vs. H.N. Bharti and Another

Court : Supreme Court of India

Decided on : Mar-25-1992

Reported in : AIR1994SC605; JT1992(2)SC445; 1994LabIC464; (1992)IILLJ757SC; 1992(1)SCALE756; 1992Supp(2)SCC149; [1992]2SCR328; 1992(1)LC713(SC)

orderahmadi, j.1. the facts giving rise to these appeals shortly are as under:the respondent, h.n. bharti, was working in the food department of the central government when it came to be abolished w.e.f. 1st january, 1966. on its abolition employees of the food department were provisionally transferred to the food corporation of india (f.c.i.) with effect from the same date. h.n. bharti was also transferred and was posted as technical assistant, grade i, in the f.c.i. later w.e.f. 19th april, 1972 he was promoted on an ad hoc basis as assistant manager (technical). sometime in september, 1979 the government of india took a decision that those provisionally transferred should stand permanently transferred to the f.c.i. w.e.f. 1st march, 1969. in this manner, employees of the erstwhile food department came to be absorbed as employees of f.c.i. it appears that on 15th may, 1975 a circular was issued by the f.c.i. in regard to promotion of the transferred employees and others to higher posts on regular basis. before we deal with this circular, it would be advantageous to refer to the relevant regulations framed by the f.c.i. in exercise of powers conferred by section 4 of the food corporations act, 1964 (act 37 of 1964). these regulations were framed with the previous sanction of the central government. our attention was invited to regulations 7, 10 and 15 thereof. regulation 7 deals with the mode of appointment. it provides that regular appointments in the service of the fci can .....

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Mar 26 1992 (SC)

B. Hanumantha Rao Vs. State of Andhra Pradesh

Court : Supreme Court of India

Decided on : Mar-26-1992

Reported in : AIR1992SC1201; 1992CriLJ1552; 1992(1)Crimes1278(SC); JT1992(2)SC433; 1992(1)SCALE736; 1993Supp(1)SCC323; [1992]2SCR358; 1992(2)LC91(SC)

..... . pw. 1 on the same day submitted a complaint exhibit p. 1 to shri p. bal reddy, the then dsp, acb, warangal range. the dsp with the assistance of two mediators planned a trap. on 5.7.1986 at about 2.00 p.m. pw. 1 met the accused at his office-cum-residence and on a demand made by the .....

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Feb 07 1992 (SC)

NizamuddIn Vs. State of Madhya Pradesh

Court : Supreme Court of India

Decided on : Feb-07-1992

Reported in : AIR1994SC1041; 1994CriLJ1386

k. jayachandar reddy, j.1. this appeal by special leave is directed against the judgment of the high court of madhya pradesh at jabalpur. the petitioner has also filed another special leave petition which was directed to be heard along with the appeal.2. the appellant is convicted under section 302, i.p.c. and sentenced to suffer imprisonment for life for causing death of mohd. yusuf, the deceased in the case. the appellant along with another accused misawul hasan were tried by the sessions court. the learned sessions judge held that when the appellant stabbed the deceased, acted in exercise of his right of self-defence, but exceeded the same. in that view of the matter, he convicted him under section 304 part 1, i.p.c. and sentenced him to three years r.i. and to a fine of rs. 300/- in default of payment of fine to undergo two months rigorous imprisonment in addition. the other accused is acquitted.3. the state preferred an appeal against the order of acquittal of both the accused. the convicted accused also preferred an appeal. the high court rejected the defence version and accepted the prosecution version and held that the appellant was an aggressor and he had no right of private defence and accordingly set aside the order of sessions court and convicted him under section 302, i.p.c. as stated above. the appeal preferred by the accused was dismissed. the high court convicted the other accused misawul hasan under section 352, i.p.c. and sentenced him to undergo one year's .....

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Feb 25 1992 (FN)

Medina Vs. California

Court : US Supreme Court

Decided on : Feb-25-1992

medina v. california - 505 u.s. 437 (1992) october term, 1991 syllabus medina v. california certiorari to the supreme court of california no. 90-8370. argued february 25, 1992-decided june 22,1992 before petitioner medina's trial for, inter alia, first-degree murder, the california court granted his motion for a competency hearing pursuant to a state law that forbids a mentally incompetent person to be tried or punished, establishes a presumption of competence, and placed on petitioner the burden of proving incompetence by a preponderance of the evidence. the jury empaneled for the competency hearing found medina competent to stand trial and, subsequently, he was convicted and sentenced to death. the state supreme court affirmed, rejecting medina's claim that the competency statute's burden of proof and presumption provisions violated his right to due process. held: 1. the due process clause permits a state to require that a defendant claiming incompetence to stand trial bear the burden of proving so by a preponderance of the evidence. pp. 442-453. (a) contrary to medina's argument, the mathews v. eldridge, 424 u. s. 319, test for evaluating procedural due process claims does not provide the appropriate framework for assessing the validity of state procedural rules that are part of the criminal law process. it is not at all clear that mathews was essential to the results in united states v. raddatz, 447 u. s. 667 , or ake v. oklahoma, 470 u. s. 68 , the only criminal law .....

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