Skip to content


Judgment Search Results Home > Cases Phrase: mediation Sorted by: old Court: supreme court of india Year: 1978 Page 3 of about 76 results (0.083 seconds)

Mar 23 1978 (SC)

Tata Chemicals Ltd. Vs. the Workmen Represented by Chemicals Kamdar Sa ...

Court : Supreme Court of India

Decided on : Mar-23-1978

Reported in : AIR1978SC828; [1978(36)FLR339]; (1978)0GLR575; 1978LabIC637; (1978)IILLJ22SC; (1978)3SCC42; [1978]3SCR535

civil appellate jurisdiction : civil appeal no. 2160 of 1977.(appeal by special leave from the award dated 21-2-77 of the industrial tribunal gujarat in reference i.t. no. 13 of 1975 published in the gujarat govt. gazette dated 17th march', 1977).g. b. pai, o. c. mathur & k. j. john for the appellant. v. m. tarkunde, k. l. hathi, p. c.kapur & s. c. patel for the respondent.the judgment of the court was delivered by jaswant singh. j. this appeal by special leave is directed against the award dated february 21, 1977 of the industrial tribunal gujarat in reference no. 13 of 1975 made on january 21, 1975, by the government of gujarat in exercise of its powers under section 1o (1) (d) of the industrial disputes act. 1947 (xiv of 1947) (hereinafter, called 'the act') for adjudication of the dispute relating to five demands ,viz. washing allowance, woollen jersey unclean allowance, trans- port allowance and variable dearne is allowance linked with ahmedabad cost of living index and adequate dearness allowance ,equal to that of textile workers of ahmedabad (which is 100 neutralisation) sponsored by the. chemicals kamdar sangh, mithapur (hereinafter referred to as 'the sangh).briefly stated, the facts leading to the appeal are : the appellant .is a public limited company registered under the indian companies .act and has its factory at mithapur in he state of gujarat. as per its practice and policy of recognising and negotiating with the union 538enjoying the support of largest number .....

Tag this Judgment!

Apr 26 1978 (SC)

Shankaria Vs. State of Rajasthan

Court : Supreme Court of India

Decided on : Apr-26-1978

Reported in : 1978CriLJ1251; (1978)3SCC435; [1978]3SCR736

1. this appeal by special leave is directed against a judgment of the high court of rajasthan, by which the order of the sessions judge, ganganagar, convicting the appellant under section 302 penal code and sentencing him to death for the double murder of two persons in village takhat hazara, was confirmed.2. the facts of the prosecution case are as follows :a first information report was lodged on september 9, 1973 at about 7.30 a.m. by one shyam singh in police station sadul sahar, to the effect that when he in the morning went to the gurdwara of his village at about 7 a.m. for brooming and burning incense, as usual, he found three persons, one of whom, mada singh, lay groaning on a cot. the informant went back to the village, contacted jagar singh, hari singh, sukhdarshan singh, amar singh and ors., and in their company returned to the gurdwara. it was then detected that kartar singh son of hari singh lay dead on a cot with injuries on his head. the other two persons, mada singh and wazir singh, were lying injured. the locks of the rooms were found broken and the goods lay scattered. after registering the case, the station house officer, bhagwan singh, reached the scene of occurrence. he prepared the site plan (ex. p-8) and a connected explanatory note in which he recorded the physical facts noticed by him at the spot. among other things, he found one blood stained kassi (article 1) and a dibbi (small tin-box)(article 2). some coins were also lying scattered there. he .....

Tag this Judgment!

Apr 26 1978 (SC)

Superintendent (Tech. I) Central Excise, I.D.D. Jabalpur and ors. Vs. ...

Court : Supreme Court of India

Decided on : Apr-26-1978

Reported in : AIR1978SC1244; 1978(26)BLJR349; 1978CriLJ1266; 1978(2)ELT613(SC); [1978]114ITR231(SC); (1978)3SCC113; [1978]3SCR729; 1978(10)LC369(SC)

1. this appeal by special leave is directed against the judgment of the madhya pradesh high court dated 19th november 1976 by which the high court quashed the notice dated 27th july 1972 issued by the assistant collector of customs and also quashed fresh adjudication proceedings started by him under the provisions of the customs act (hereinafter referred to as the act).2. the appeal lies within a very narrow compass and turns upon the interpretation of the order passed by the appellate authority under section 128 of the act. on 27th february 1969 the respondent pratap rai was detrained at jabalpur by the customs authorities while he was travelling by the bombay janta express. on being searched as many as 23 wrist watches on which no custom duty was paid were recovered from his person. thereafter adjudication proceedings under section 122 of the act were commenced by the assistant collector of customs which culminated in the order of the assistant collector dated 30th june, 1969 by which the watches were seized and ordered to be confiscated. a penalty of rs. 250/- was levied on the respondent under section 112 of the act. the respondent then carried an appeal to the appellate collector under section 128 of the act against the order of the assistant collector. the appellate collector by his order dated 22nd february 1972 vacated the order of the assistant collector mainly on the ground that the assistant collector had not complied with the rules of natural justice. the late of .....

Tag this Judgment!

Apr 27 1978 (SC)

Nagu Reddiar and ors. Etc. Vs. Banu Reddiar and ors. Etc.

Court : Supreme Court of India

Decided on : Apr-27-1978

Reported in : AIR1978SC1174a; (1978)2SCC591a; [1978]3SCR770; 1978(10)LC387(SC)

1. these two appeals are by certificates granted by the high court of madras against a common judgment in a.s. no. 114 and a.s. no. 194 of 1958.2. these appeals arise out of a suit filed by the plaintiffs in the court of the subordinate judge, tiruchirapalli in o.s. no. 152 of 1955 under section 92 of the cpc for removing one nagu reddiar, the first defendant, from the trusteeship of the suit charities and for framing a scheme for the said charities. the trial court found that the two charities in question were public trusts and comprised all the alienated properties except item 7 of plaint-a schedule of the trust properties. the trial court found that b-schedule properties were bequeathed for performance of puja in the samadhi and for feeding the agathies and paradesies in the matam and that the samadhi could not be separated from the matam and therefore the dedication of the schedule properties in favour of the matam and samadhikoil is invalid in law. the court ordered the removal of the defendant from the office of the trusteeship and directed him to render accounts and ordered the framing of a scheme for plaint a schedule properties except item 7 which was found to be not a trust property. aggrieved by the judgment both the plaintiffs and the defendants preferred appeals to the high court of madras, the appeal by the defendants being a.s. no. 114 of 1958 and by the plaintiffs a.s. no. 194 of 1958. the high court disposed of both the appeals by a common judgment dismissing .....

Tag this Judgment!

May 02 1978 (SC)

Mohan Lal and anr. Vs. Ajit Singh and anr.

Court : Supreme Court of India

Decided on : May-02-1978

Reported in : AIR1978SC1183; 1978CriLJ1107; (1978)3SCC279; [1978]3SCR823

1. this appeal by special leave is directed against die judgment of the punjab and haryana high court dated july 9,1975, giving benefit of doubt to respondent ajit singh (hereinafter referred to as the respondent) and acquitting him of offences under sections 302, 392 and 397 i.p.c. for which he was convicted by the additional sessions judge of faridkot on october 31, 1974. the additional sessions judge had sentenced the respondent to death for the offence under section 302 i.p.c. and to rigorous imprisonment for five years and seven years respectively for the offences under sections 392 and 397 i.p.c.2. nishan chand (deceased); son of appellant mohair lal (p. w. 5), was a resident of roranwali. he was secretary of roranwali and phulu khera co-operative societies. the respondent was nishan chand's friend and was secretary of roranwali patti sikhan cp-operative society. he also used to live in village roranwali with his maternal-uncle gurdial singh who was the village chairman.3. it is alleged that nishan chand and the respondent left together on june 17, 1974, for villages lambi and malout on nishan chand's bicycle, as they had to deposit the money realised by them. they did not however return to roranwali that night. mohan lai's other son satpal, who was studying in class viii in a school at sikhanwala, saw nishan chand's bicycle lying at some distance from the boundary of village roranwali, near a culvert, on the 'pakka' road leading to sikhanwala, and he also saw a man .....

Tag this Judgment!

Jul 21 1978 (SC)

Central Coal Washery Vs. Workmen and anr.

Court : Supreme Court of India

Decided on : Jul-21-1978

Reported in : AIR1978SC1424; [1978(37)FLR138]; 1978LabIC1252; (1978)IILLJ350SC; (1978)3SCC332; [1978]3SCR1023; 1978(10)LC598(SC)

1. the short question that arises for determination in this appeal is whether the workmen of the bhojudih coal washery of the appellant were entitled to be paid bonus for the years 1964-65 to 1968-69 under the payment of bonus act, 1965 (for short the act).2. the hindustan steel limited owns three steel plants at rourkela, durgapur and bhilai. since large quantities of the metallurgical coal are needed in the manufacture of steel, the hindustan steel limited set up three coal washeries at dugda, bhojudih and patherdih, these three coal washeries were started one after the other, the first to start being the dugda coal washery which commenced functioning from june 1962. the management of these three coal washeries was vested in the hands of the central coal washeries organisation which was set up as an independent organisation separate from the hindustan steel limited. this organisation which is the appellant before us maintained separate accounts in respect of its establishment which consisted of these three coal washeries and also prepared a separate balance sheet and profit and loss account showing the aggregate financial result of the operation of these three coal washeries. though the establishment of the appellant was set up in june 1962, the provisions of the act did not become applicable to it until the year 1964-65 in view of sub-section (4) of section 1 of the act. there could, therefore be no question of payment of bonus to the workmen of the bhojudih coal washery .....

Tag this Judgment!

Jul 24 1978 (SC)

Dharmadeepti, Alwaye, Kerala Vs. Commissioner of Income Tax, Kerala

Court : Supreme Court of India

Decided on : Jul-24-1978

Reported in : [1978]114ITR454(SC); (1978)3SCC499; [1978]3SCR1038; 1978(10)LC531(SC)

1. this appeal, by certificate under section 261 of the income-tax act, 1961, is directed against the judgment of the high court of kerala disposing of a reference made to it by the income-tax appellaffc tribunal under section 256(1) of the act.2. the appellant is an association constituted under a licence granted under section 25 of the companies act, 1956 on january 5, 1967. the relevant provisions of its memorandum of association are :3. (a) : the main objects to be pursued by the company on its incorporation are :(i) to give charity.(ii) to promote education.(iii) to establish or aid in the establishment of associations, institutions, funds, trusts with the object of promoting charity and/or education provided that the company shall not support its funds or endeavour to impose on, or procure to be observed by, its members or others any regulation or restriction which if an object of the company, would make it a trade union.(b) the objects incidental or ancillary to the attainment of the above main objects are :(i) to receive donations, subscriptions, or gifts for the furtherance of the purpose of the company, and to do all such other things as may be considered to be incidental or conducive to the attainment of its objects or any of them, by the directors.(ii) ... ... ... ... ... ... ...(iii) ... ... ... ... ... ... ...(iv) to run chitties (kuries).(v) ... ... ... ... ... ... ...(vi) ... ... ... ... ... ... ...(vii) ... ... ... ... ... ... ...(c) the other objects for .....

Tag this Judgment!

Jul 24 1978 (SC)

Dharmaposhanam Company, Kerala Vs. the Commissioner of Income Tax, Ker ...

Court : Supreme Court of India

Decided on : Jul-24-1978

Reported in : [1978]114ITR463(SC); (1978)3SCC414; [1978]3SCR1030

1. these appeals have been preferred by the assessee against the judgment of the high court of kerala in references disposed of by it under section 256 of the act.2. the appellant is the dharmaposhanam company irinjalakuda. it is an association constituted under a licence issued in january, 1931 by the then government of cochin and registered with limited liability under section 26(1) of the indian companies act 1913 as applied to cochin. the appellant was governed by a memorandum of association, clause (3) of which provided :3. the objects of the company are :(a) to raise funds by conducting kuries with company as foreman, receiving donations and subscription, by lending money on interest and by such other means as the company deem fit.(b) to do the needful for the promotion of charity, education, industries etc. and public good.(c) for carrying on the business of the company and for the advancement of the purpose mentioned above in so far as is appropriate, to construct buildings or to purchase or take on lease or for hire movable or immovable properties.(d) to encourage others to form other institution with the purpose of acting in accordance with the objects of the company.(e) to do all such things as are conducive to the fulfilment of the above objects.(f) to lend money on interest to one or more solvent persons individually or severally on the security of ornaments, landed properties or other forms of security fixed by the directors and to borrow money to meet the need .....

Tag this Judgment!

Aug 01 1978 (SC)

Badri Prasad Vs. Dy. Director of Consolidation and ors.

Court : Supreme Court of India

Decided on : Aug-01-1978

Reported in : AIR1978SC1557; (1978)3SCC527; [1979]1SCR1; 1978(10)LC545(SC)

orderkrishna iyer, j.1. for around 50 years, a man and a woman, as the facts in this case unfold, lived as husband and wife. an adventurist challenge to the factum of marriage between the two, by the petitioner in this special leave petition, has been negatived by the high court. a strong presumption arises in favour of wed-lock where the partners have lived together for a long spell as husband and wife. although the presumption is rebuttable, a heavy burden lies on him who seeks to deprive the relationship of legal origin. law leans in favour of legitimacy and frowns upon bastardy. in this view, the contention of shri garg, for the petitioner, that long after the alleged marriage, evidence has not been produced to sustain its ceremonial process by examining the priest or other witnesses, deserves no consideration. if man and woman who live as husband and wife in society are compelled to prove, half a century later, by eye-witness evidence that they were validly married, few will succeed. the contention deserves to be negatived and we do so without hesitation. the special leave petitions are dismissed.

Tag this Judgment!

Aug 02 1978 (SC)

Lingala Vijay Kumar and ors. Vs. the Public Prosecutor

Court : Supreme Court of India

Decided on : Aug-02-1978

Reported in : AIR1978SC1485; 1978CriLJ1527; (1978)4SCC196; [1979]1SCR2; 1978(10)LC788(SC)

orderkrishna iyer, j.1. seven dangerously ideological teenagers, politically impatient with the deepening injustice of the economics order and ebulliently infantile in their terrorist tactics, were sentenced to seven years in prison for the offence of having robbed the state bank of a few thousand rupees with non-violent use of crude pistols and country bombs which, in the language of the penal code, amounts to dacoity a grave property crime. they were duly prosecuted, convicted and awarded 2 1/2 years rigorous imprisonment. appeals by the accused and the state ended in the enhancement of the sentence to seven years r.i. each.2. we have, on a perusal of the judgment, under appeal and after hearing sri garg for the appellants, declined to demolish the conviction although the scenario of events is judicially disquieting. why because in our adversary system and 'umpire' tradition of the judicial process the weaker accused, sometimes anathematized as naxalite or by other unpopular appellation, is theoretically equal before the law but in real-life terms, thanks to practical handicaps, the scales of justice (not the judges) tend to incline against him. law is what law does, not what law speaks. the judge, tradition-bound plays an umpire's passive role in an adversary system. he holds on the basis of proof proffered by the prosecution, tested by the conventional process of cross-examination and the standard yardsticks of credibility. he has no activist alternative of further probe, .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //