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Judgment Search Results Home > Cases Phrase: mediation Sorted by: old Court: supreme court of india Year: 1955 Page 1 of about 22 results (0.345 seconds)

Apr 15 1955 (SC)

Thakur Amar Singhji Vs. State of Rajasthan

Court : Supreme Court of India

Decided on : Apr-15-1955

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

Decided on : Oct-21-1955

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

Decided on : Dec-23-1955

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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Feb 03 1955 (SC)

The Automobile Products of India Ltd. Vs. Rukmaji Bala and ors.

Court : Supreme Court of India

Decided on : Feb-03-1955

Reported in : AIR1955SC258; (1955)ILLJ346SC; [1955]1SCR1241

..... for securing and preserving amity and good relations between the employers and workmen. the appropriate government is authorised by section 4 to appoint conciliation officers charged with the duty of mediating in and promoting the settlement of industrial disputes and by section 5 to constitute a board of conciliation for promoting the settlement of industrial disputes. section 6 empowers the appropriate .....

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Jan 25 1955 (SC)

Girja Datt Singh Vs. Gangotri Datt Singh

Court : Supreme Court of India

Decided on : Jan-25-1955

Reported in : AIR1955SC346

bhagwati, j.1. these two appeals by special leave arise out of two separate proceedings, one under the u. p. encumbered estates act, e. e. act case no. 11 of 1936 and the other a title suit, being regular suit no. 71 of 1938 in the court of the civil judge, gonda in relation to a 10 annas share in the property left by one bhaiya baleshwar datt singh hereinafter referred to as the deceased.2. the deceased died on 15-5-1933 leaving him surviving bhaiya girja datt singh, hereinafter referred to as girja, the original appellant, as his nearest collateral and heir. bhaiya gangotri datt singh, hereinafter referred to as gangotri, was a remoter heir but claimed to succeed to the estate of the deceased under the terms of a will alleged to have been made and published by the deceased on 17-3-1928. girja filed 29 applications for mutation of his name in place of that of the deceased in the revenue courts in respect of the properties left by the deceased. gangotri contested these applications on the basis of the said alleged will. all these cases were consolidated and the case with respect to the village nagwa was treated as the main case.on 14-11-1933 three applications were made to the revenue court for reference to arbitration of the disputes between girja and gangotri:(1) application ex. 58 by gangotri under section 203, u. p. land revenue act(2) application ex. 57 by girja under section 203 of the u. p. land revenue act and(3) joint application ex. 59 by girja and gangotri, stating .....

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Oct 04 1955 (SC)

Prithi Nath Vs. Birkha Nath and anr.

Court : Supreme Court of India

Decided on : Oct-04-1955

Reported in : AIR1956SC192

bhagwati, j. 1. this appeal is directed against a judgment of the high court of judicature for the state of punjab at simla in letters patent appeal no. 108 of 1951 reversing the judgment of a single judge of the high court in regular second appeal no. 942 of 1949 & dismissing the appellant's suit with costs throughout.2. the suit out of which the present appeal arises was instituted by the appellant in the court of the subordinate judge, first class, delhi, against the respondents 1 & 2 for a declaration that he was the mahant of the temple of bhaironji and as such entitled to the properties and the per-quisities attached thereto including the right to worship in the temple of sri kalkaji and to recover the income from rents etc., as also from offerings and for other reliefs.3. the case of the appellant was that one baba balak nath was the mahant of the temple of bhaironji and he left him surviving his three chelas sehaj nath, maya nath and sahib nath. the pedigree showing the representation of these three lines of descent from balak nath is given below:balak nath|__________________________________________________________________________| | |sehaj nath maya nath sahib nath| | |______________________________ maha ram nath magni nath| | | | |khubi nath dhani nath ram rattan nath naina nath agdi nath| | || mansha nath ram rikh nath______________________________ | || | | pancham nathsanwat nath ram chandar nath _______________________ || | | |shiv nath pup nath misri nath || | .....

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Oct 28 1955 (SC)

Sadhu Ram Vs. the Custodian-general of Evacuee Property

Court : Supreme Court of India

Decided on : Oct-28-1955

Reported in : AIR1956SC43; [1955]2SCR1113

jagannadhadas, j.1. this is an application under article 32 of the constitution which arises under the following circumstances. the petitioner, sadhu ram, purchased from one imam-ud-din, a muslim evacuee, 43 bighas 14 biswas of agricultural land comprised in khasra nos. 2135 to 2139, 2158, 2159, 2171, 2204 and 2206 with shamlat rights in village kaithal, district karnal, punjab. the sale deed was executed on the 6th september, 1947, and registered on the 9th september, 1947, before imam-ud-din left for pakistan. the consideration therefore was rs. 3,000 and as much as rs. 2,700 thereof appears to have been paid by the petitioner to the vendor before the sub-registrar. possession also was transferred on the execution of the sale-deed. mutation was made by the revenue authorities on the 23rd january, 1948. east punjab evacuees' (administration of property) act, 1947 (east punjab act xiv of 1947) came into force on the 12th of december, 1947. it was amended by east punjab evacuees' (administration of property) (amendment) ordinance, 1948 (east punjab ordinance no. ii of 1948) which came into force on the 16th january, 1948. this gave place to east punjab evacuees' (administration of property) (amendment) act, 1948 (east punjab act xxvi of 1948) which came into force on the 11th april, 1948. by these amendments a new section, section 5-a, was inserted in the east punjab act xiv of 1947. it will be seen that these amendments were subsequent to the date of the execution and .....

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Oct 28 1955 (SC)

indira Sohanlal Vs. Custodian of Evacuee Property, Delhi and ors.

Court : Supreme Court of India

Decided on : Oct-28-1955

Reported in : AIR1956SC77; [1955]2SCR1117

jagannadhadas, j. 1. this is an appeal by special leave against the order of the custodian-general of evacuee property dated the 20th may, 1953, revising an order of the additional custodian of east punjab, delhi, dated the 20th march, 1952. the two questions raised before us on the facts and circumstances, to be stated, are (1) whether the custodian-general had the revisional power which he purported to exercise, and (2) was the order of the custodian-general on its merits such as to call for interference by this court. 2. the appellant before us, one mrs. indira sohanlal, is a displaced person from lahore. she was the owner of a house at lahore known as 5, danepur road. malik sir firoz khan noon of west pakistan owned 766 bighas of agricultural land in a village called punjab khore within the state of delhi. an oral exchange is said to have taken place between these two, of the said properties, on the 10th october, 1947. in pursuance of that exchange malik sir firoz khan noon is said to have taken possession of the danepur road house. the appellant is also said to have been put in possession of the said agriculture lands in punjab khore presumably by way of attornment of tenants who were in actual cultivating possession of the lands. under section 5-a of the east punjab evacuees' (administration of property) act, 1947 (east punjab act xiv of 1947), as amended in 1948 and applied to the state of delhi, such a transaction required confirmation by the custodian. in compliance .....

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Nov 09 1955 (SC)

Mohammad Baqar and ors. Vs. Naim-un-nisa Bibi and ors.

Court : Supreme Court of India

Decided on : Nov-09-1955

Reported in : AIR1956SC548

venkatarama ayyar, j.1. this appeal arises out of a suit instituted on 31-5-1935 by the first respondent, mst. naimunnisa bibi and her sister, khadija-ul-kubra bibi, since deceased, for partition of their shares in the estate of their father, sheik ataullah, who died sometime in 1892. the defendants to the action were their brothers, sheik kifayatullah and sheik mohammad baqar.the plaintiffs alleged that after the death of their father, sheik ataullah, they and the defendants were living together as members of one family, that the first defendant was in management of the properties on behalf of all of them, that on 10-8-1933 the defendants executed a deed of waqf-alal-aulad for the benefit of their descendants, and that the said deed was a denial of their rights. they accordingly prayed for partition and delivery of 14/48th share in the estate of the deceased sheik ataullah, which they claimed as belonging to them, for an account of the management of the same by the first defendant from 1892 and for future mesne profits from 2-2-1934.the defendants contested the suit on three grounds, viz., (1) that there was a family custom excluding the female heirs from sharing in the inheritance, (2) that in 1893 there was a family settlement under which the plaintiffs gave up their rights to share in the estate, and (3) that the claim of the plaintiffs was extinguished by adverse possession on the part of the defendants, arid that the suit was barred by limitation.2. the additional .....

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Jan 25 1955 (SC)

Nanak Chand Vs. the State of Punjab

Court : Supreme Court of India

Decided on : Jan-25-1955

Reported in : AIR1955SC274; 1955CriLJ721; [1955]1SCR1201

imam, j. 1. this appeal by nanak chand comes by special leave against the judgment of the punjab (1) high court. the appellant was convicted by the high court under section 302 of the indian penal code and the sentence of death passed on him by the additional sessions judge of jullundur was confirmed. 2. on the facts alleged by the prosecution there can be no doubt that sadhu ram was killed on the 5th of november, 1953, at about 6-45 p.m. at the shop of vas dev p.w. 2. it is alleged that the appellant along with others assaulted sadhu ram. the appellant was armed with a takwa. numerous injuries were found on the person of sadhu ram. according to the doctor, who held the post-mortem examination, injuries 1, 3 and 4 were due to a heavy sharp edged weapon and could be caused by a takwa. it was denied by the prosecution that the deceased was assaulted by any other person with a takwa. according to the medical evidence, injuries 1, 3 and individually, as well as collectively, were enough to cause death in the ordinary course of nature. 3. in the court of sessions the appellant along with others was charged under section 148 and section 302, read with section 149 of the indian penal code. the additional sessions judge, however, held that the charge of rioting was not proved. he accordingly found the appellant and three others guilty under section 302, read with section 34 of the indian penal code. he acquitted the other three accused. there was an appeal by three convicted persons .....

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