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Judgment Search Results Home > Cases Phrase: mediation Sorted by: old Court: supreme court of india Page 1 of about 7,563 results (0.101 seconds)

Mar 14 1950 (SC)

Prandas Vs. the State

Court : Supreme Court of India

Reported in : AIR1954SC36

fazl ali, j.1. this is an appeal by special leave from the decision of the high court at nagpur, allowing the appeal of the government of the central provinces and berar under section 417, criminal p. c., against the acquittal of the appellant by the sessions judge of bilaspur, and convicting him for committing murder of one gayaram and causing hurt to his wife, bahartin, and sentencing him to transportation for life and three months' rigorous imprisonment under sections 302 and 323 respectively of the indian penal code.2. the case of the prosecution as presented in the trial court may be shortly stated as follows. in village taga, which adjoins village dhanwa, where the alleged crime is said to have been committed, there is a field belonging to the deceased, gayaram, and his sons, in which paddy was sown in 1948. on 15-8-1948, hiraram, one of gayaram's sons, arranged to bring water into this field from the field of one tiharu, one of his relations, by making an opening in the ridge of an adjoining field belonging to one sadhram. on the same day, in the afternoon, one sukhchaindass, brother of the appellant, prandas, stopped the water flowing from sadhram's field, alleging that prandas had asked him not to allow the water to pass through that field, as he had purchased it from sadhram.next day, while hariram and his father, gayaram, were sitting in the verandah of one thandaram, the latter proposed to prandas, who was in his own verandah (opposite to that of thandaram) that .....

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Nov 26 1951 (SC)

Ram Kumar Das Vs. Jagadish Chandra Deb Dhabal Deb and anr.

Court : Supreme Court of India

Reported in : AIR1952SC23; [1952]1SCR269

mukherja, j.1. this appeal is on behalf of the defendant and it arises out of a suit commenced by the plaintiff respondent, in the court of the subordinate judge at chaibassa, for recovery of possession of the land described in schedule to the plaint, on the allegation that the defendant was a monthly tenant in respect of the same, and that the tenancy was determined by a notice to quit. the suit was decreed by the trial court and the decision was affirmed, on appeal, by the district judge, purulia, and on second appeal, by a division bench of the high court of patna. the defendant was now come up to this court on the strength of a certificate granted under section 110, civil procedure code. 2. mr. setalvad, appearing on behalf of the defendant-appellant, stated to us at the outset that he would not dispute the validity or sufficiency of the notice to quit served upon his client, if on the facts of this case he is held to be a monthly tenant under the plaintiff in respect of the premises in suit. his contention, is substance, is that the defendant was at no point of time a monthly tenant under the plaintiff or his predecessor. there might have been, according to the learned counsel, two tenancies for one year each for two successive periods, but on the expiry of the second yearly lease, which happened on 7th december, 1926, the defendant ceased to be a tenant and no fresh tenancy was created by holding over as is contemplated by section 116 of the transfer of property act. as .....

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Dec 17 1952 (SC)

Strawboard Manufacturing Co. Ltd. Vs. Gutta Mill Workers' Union

Court : Supreme Court of India

Reported in : AIR1953SC95; (1953)ILLJ186SC; (1953)IMLJ427(SC); [1953]4SCR439

das, j. 1. this appeal has been filed with the special leave granted by this court on may 10, 1951. by the order granting such leave the appeal has been restricted to one point only, namely, 'whether the government of uttar pradesh had the power to extend the time for making the award ex post facto, i.e., after the time limit originally fixed therefore had expired.' 2. there is no dispute as to the facts. an industrial dispute having arisen between the appellant company and its employees, by labour department notification no. 637(st)/xviii-53(st)/50 dated february 18, 1950, the governor of uttar pradesh was pleased, in exercise of the powers conferred by section 3 read with section 4 of the u.p. industrial disputes act, 1947 (u.p. act no. xxviii of 1947), to refer the said dispute to the labour commissioner, u.p., or a conciliation officer of the state government nominated by him for adjudication on seven several issues specified therein and to direct the adjudicator to conclude the adjudication proceedings and submit his award to the government not later than april 5, 1950. the labour commissioner by his letter no. i.m.r. 14-a nominated shri m. p. vidyarthi, regional conciliation officer, u.p., as the adjudicator in the above dispute with a direction that he should submit his award by march 25, 1950, and that if the proceedings were not likely to be completed within that time he should move the government for extension of time at least a week before the specified date. by .....

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Oct 09 1953 (SC)

Commissioner of Income-tax Vs. Kikabhai Premchand

Court : Supreme Court of India

Reported in : [1953]24ITR506(SC)

bose, j.1. this is an appeal by an assessee against a judgment and order of the high court at bombay delivered on a reference made by the income-tax appellate tribunal. the bombay high court refused leave to appeal but the assessee obtained special leave from this court.2. the appellant deals in silver and shares and a substantial part of his holding is kept in silver bullion and shares. his business is run and owned by himself. his accounts are maintained according to the mercantile system. it is admitted that under this system stocks can be valued in one of two ways and provided there is no variation in the method from year to year without the sanction of the income-tax authorities an assessee can choose whichever method, that is to say, the cost price of the stock was wnterred at the beginning of the year and not its market value and similarly the cost price was again entered at the close of the year of any stock which was not disposed of during the yeaar. the entries on the one side of the accounts at the beginning of the year thus balance those on the other in respect of these items with the result that so far as they are concerned the books show neither a profit nor a loss on them. this was the method regularly employed and it is admitted on all hands that this was permissible under this system of accounting.3. the accounting year with which we are concerned is the calendar year 1942. the silver bars and shares lying with the appellant at the beginning of the year were .....

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Dec 08 1953 (SC)

Chilukuri Venkateswarlu Vs. Chilukuri Venkatanarayana

Court : Supreme Court of India

Reported in : AIR1954SC176; (1954)IMLJ152(SC); [1954]1SCR424

..... separation agreement. such an inference not only goes against the tenor or the express terms of the documents but is not borne out even by the evidence of the mediators through whose mediation the documents were brought into being or of the persons who were admittedly present at the time when the documents were executed and signed the same as attesting witness ..... , says in his deposition that the documents were read over to the executant and be executed them after consenting to the recitals, p.w. 5, who was one of the mediators, says that defendant no. 2 used to live in the mud-terraced house after compromise. unless there is cogent evidence to the contrary - and apparently there is no such evidence ..... . it appears that, before this application for leave to sue as a pauper was heard by the court, there was an amicable settlement arrived at between the parties through the mediation of certain well-wishers and two documents, namely exs. p-5 and p-6, were executed by and between the parties both on the 28th september, 1942. exhibit p-5 .....

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Apr 07 1954 (SC)

Biswabhusan Naik Vs. the State of Orissa

Court : Supreme Court of India

Reported in : AIR1954SC359; 20(1954)CLT366(SC); 1954CriLJ1002; (1954)IIMLJ79(SC); [1955]1SCR92

bose, j.1. the appellant was an inspector of factories under the government of orissa. it was a part of his duty of inspect factories and mills in the state of orissa. he toured the districts of koraput and balasore from 18th august, 1948, to 27th august, 1948, and from 29th september, 1948, to 30th october, 1948, respectively. the prosecution case is that he collected bribes from persons connected with some of the mills he inspected in those districts. it is said that he used to threaten to close their mills and impose other penalties for alleged defects unless they paid him a bribe.2. on 3rd october, 1948, he was camping at the dak bungalow at basta in the balasore district. because of information received against him his person and belongings were searched on that day and a sum of rs. 3,148 was received from him consisting of rs. 450 paid at the time as a trap and rs. 2,698 already in his possession. he was arrested on the spot but was later released on bail.3. departmental and other proceedings were taken against him and he was eventually brought to trial on 29th march, 1950, and charged under section 5(2) of the prevention of corruption act (ii of 1947) for criminal misconduct in the shape of habitually accepting illegal gratification. he was also separately charged and separately prosecuted under section 161 of the indian penal code for three specific offences of bribe taking but we are not concerned here with that as he was acquitted on all three counts. his conviction .....

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Apr 15 1955 (SC)

Thakur Amar Singhji Vs. State of Rajasthan

Court : Supreme Court of India

Reported in : AIR1955SC504; [1955]2SCR303

..... of the treaty was the resumption of the lands usurped by the nobles, and the reduction of the nobles to their proper relation of subordination to the maharaja. through the mediation of sri david ochterlony agreements were entered into in 1819 similar to those made at udaipur. the usurped lands were restored to the maharajah and the nobles were guaranteed in ..... that there was a dispute between rawat himmat singhji the then holder of the estate, and the maharajah of udaipur, and that it was settled in march 1855 through the mediation of the then agent to the government, sir m. montgomery, and that under the terms of the settlement, the tikana was recognised as the exclusive property of the holder. the .....

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Oct 21 1955 (SC)

Ponnammal Vs. R. Srinivasarangan and ors.

Court : Supreme Court of India

Reported in : AIR1955SC162

..... for his deceased brother's daughter and daughter's sons, through the unselfish efforts of the lawyers named above who were both competent and willing to render their services to mediate between them and the 1st defendant.there cannot, therefore, be the least doubt that there was a genuine dispute between the parties which was sought by disinterested friends and relations ..... conclusions can be summed up in its own words as follows:--'so there were clearly rival claims, and a real family dispute, and a 'bona fide settlement thereof by respectable mediators, acting to the best of their lights and interested in both parties, and making a 'bona fide' settlement of the dispute with the consent of both sides, and their active ..... vitiated by undue influence, that there was really no dispute, much less any bona fide dispute, which could have been amicably settled, nor was there any genuine and bona fide mediation.padmasani's consent to the document was also assailed on the ground that she was not the legal guardian of the plaintiffs and had in interest adverse to theirs. doraiswami .....

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Dec 23 1955 (SC)

J.K. Iron and Steel Co. Ltd., Kanpur Vs. the Iron and Steel Mazdoor Un ...

Court : Supreme Court of India

Reported in : AIR1956SC231; (1956)ILLJ227SC; [1955]2SCR1315

bose, j.1. we are concerned here with three appeals. they arise out of a dispute between the j.k. iron and steel company limited and the iron and steel mazdoor union. we will call them the company and the mazdoor union respectively. the facts are as follows. 2. the company had its factory and other works at kanpur in uttar pradesh. on 10-4-1948 the ministry of commerce in the government of india ordered the company to shift its jute baling hoops factory from kanpur to calcutta. 3. as no land was available in calcutta no effect could be given to this order till the year 1950-51. on 19-3-1951 the iron and steel controller ordered the company to stop the rolling of jute baling hoops at once. accordingly, the production of these hoops was stopped from that date. 4. at the same time there was scarcity of scrap iron and the company's case is that that forced it to reduce the working of its furnace from three shifts a day to one. 5. the company states that because of these two causes it was obliged to retrench its staff. therefore, it issued the following notice, dated 15-5-1951 to 128 of its workers : 'consequent to transfer of the rolling mill to calcutta and want of scrap to furnace department in full, the services of the persons as per list attached are dispensed with from today. their wages and other dues in full settlement will be paid after 2 p.m.' 6. twenty-five of the 128 accepted their wages and other dues in full settlement but the remaining 103 refused. their cause was .....

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Dec 20 1956 (SC)

H.H. Raja Harinder Singh Vs. S. Karnail Singh

Court : Supreme Court of India

Reported in : AIR1957SC271; [1957]1SCR208

venkatarama aiyar, j. 1. the appellant was one of the candidates who stood for election to the legislative assembly of the patiala and east punjab states union from the faridkot constituency in the general elections held in 1954. he secured the largest number of votes, and was declared duly elected. the result was notified in the official gazette on february 27, 1954, and the return of the election expenses was published therein on may, 2, 1954. on may 18, 1954, the first respondent filed a petition under s. 81 of the representation of the people act no. xliii of 1951, hereinafter referred to as the act, and therein he prayed that the election of the appellant might be declared void on the ground that he and his agents had committed various corrupt and illegal practices, of which particulars were given. the appellant filed a written statement denying these allegations. he therein raised the further contention that the election petition had not been presented within the time limited by law, and was, therefore, liable to be dismissed. rule 119, which prescribes the period within which election petitions have to be filed, runs, so far as it is material, as follows : 119. 'time within which an election petition shall be presented :- an election petition calling in question an election may, - (a) in the case where such petition is against a returned candidate, be presented under section 81 at any time after the date of publication of the name of such candidate under section 67 but .....

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