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Judgment Search Results Home > Cases Phrase: mediation Sorted by: old Court: supreme court of india Year: 1978 Page 5 of about 76 results (0.119 seconds)

Aug 31 1978 (SC)

Modan Singh Vs. State of Rajasthan

Court : Supreme Court of India

Decided on : Aug-31-1978

p.s. kailasam, j.1. this appeal is preferred by modan singh under section 2 of the supreme court (enlargement of criminal appellate jurisdiction) act, 1970 against the judgment of the high court of rajasthan in criminal appeal no. 664 of 1968 reversing the order of acquittal of the appellant by the sessions judge.2. the appellant, modan singh, and one sampuran singh, were tried by the sessions judge of ganganagar for causing the death of one prithvi singh on december 16, 1966 and were acquitted.3. the case for the prosecution may be briefly stated. jugraj singh, pw 1 was a resident of the village of banwala and was sarpanch of gram panchayat of the village. on the evening preceding the night of the occurrence, prithvi singh, the deceased came to pw 1's house and requested him to provide accommodation for the night. pw 1 allowed him to stay in an outer room of his house. while pw 1 was talking with others, the two accused, sampuran singh and modan singh, appellant herein, came there with mewa singh, pw 10, belonging to banwala. at that time, the appellant, modan singh had a pistol, container and bandolier on his shoulder. sampuran singh had a pistol. pw 1 served both the accused with food and provided beds for them in the room where the deceased, prithvi singh was staying. when pw 1 left the room, the two accused, sampuran singh and modan singh and the deceased, prithvi singh and mewa singh, pw 10, were together. in the morning when pw 1 went to the outer room, he found the .....

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Aug 31 1978 (SC)

Shiv Chand Vs. Ujagar Singh and anr.

Court : Supreme Court of India

Decided on : Aug-31-1978

Reported in : AIR1978SC1583; (1978)4SCC152; [1979]1SCR520; 1978(10)LC705(SC)

krishna iyer, j.1. an election petition became an infant casualty because of an alleged non-joinder of a necessary party as visualised by section 82(b) of the representation of the people act, 1951 (the act, hereafter). that premature dismissal, by-passing investigation into the merits, has driven the petitioner-appellant to this court where he has urged that the ends of law and justice have been stultified by the strangely technical view taken by the high court in its dismissal order.2. a few facts, and then, a brief discussion, the point being res integra so far as this court is concerned. the appellant before us is the election-petitioner, having been a defeated candidate in the general elections held in june, 1977. there were quite a few candidates, including one shri mal singh, who appears to have retired from the contest for the seat although duly nominated as a candidate. the respondent was returned as the successful candidate and the disappointed petitioner challenged the election by filing a petition wherein, inter alia, he made allegations constituting a corrupt practice against the returned candidate and shri mal singh. to such a pleading section 82 is attracted. that provision states that a petitioner shall join as respondent to his petition any candidate against whom allegations of any corrupt practice are made in the petition. by this mandate, the petitioner was bound to implead as respondent shri mal singh. but he omitted to do so initially. the respondent, in .....

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Sep 02 1978 (SC)

Sadhu Singh (Deceased) and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Sep-02-1978

Reported in : AIR1979SC1609; 1980Supp(1)SCC787; [1979]3SCR1279

1. the litigation culminating in the present appeal (by certificate under article 133(1)(b) of the constitution) which is directed against the judgment and order dated september 25, 1967, of the punjab and haryana high court in c.w.n. 1630 of 1962 setting aside the allotment dated may 23, 1960 made by naib tehsil-dar-cum-managing officer, fatehabad, district hissar in favour of madan mohan and others, and orders dated april 18, 1962 and july 21, 1962 of the assistant settlement commissioner and chief settlement commissioner respectively on the finding that 'no part of the holding which formed part of the land allotted to respondent no. 14, mehta lal chand, (hereinafter referred to as 'the respondent') could, during the subsistence of such allotment and without its cancellation, be allotted to any one else' has had a very chequered career extending over well nigh two decades. it appears that the respondent who is a displaced person from pakistan was found entitled to an allotment of 113 standard acres and 3 units of land in lieu of 120 acres of land held by him as owner in bhawalpur (pakistan). against the aforesaid entitlement, the respondent was allotted 90 standard acres and 6 units of evacuee land between 1953 and 1958 in different villages of tehsil fatehabad, district hissar including two areas measuring (1) 13 standard acres and 31/2 units and (2) 13 standard acres and 131/2 units in village bahmniwala allotment of which was made on march 1, 1957 and october 10, 1958 .....

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Sep 07 1978 (SC)

Hindustan TIn Works Pvt. Ltd. Vs. the Employees of Hindustan TIn Works ...

Court : Supreme Court of India

Decided on : Sep-07-1978

Reported in : AIR1979SC75; [1978(37)FLR240]; (1978)IILLJ474SC; (1979)2SCC80; [1979]1SCR563; 1978(10)LC712(SC)

desai, j.1. this appeal by special leave, limited to the question of grant of back wages, raises a very humane problem in the field of industrial jurisprudence, namely, where termination of service either by dismissal, discharge or even retrenchment is held invalid and the relief of reinstatement with continuity of service is awarded what ought to be the criterion for grant of compensation, to the extent of full wages or a part of it 2. a few relevant facts will highlight the problem posed. appellant is a private limited company having set up an industrial unit in engineering industry. the raw material for its manufacturing process is tin plates. the appellant served notice of retrenchment on 56 workmen in february 1974 alleging non-availability of raw material to utilise the full installed capacity, power shedding limiting the working of the unit to 5 days a week, and the mounting loss. subsequently, negotiations took place between the union and the appellant leading to an agreement dated 1st april 1974 whereby the workmen who were sought to be retrenched were taken back in service with continuity of service by the appellant and the workmen on their part agreed to co-operate with the management in implementing certain economy measures and in increasing the productivity so as to make the undertaking economically viable. simultaneously, the workmen demanded a revision of the wage scales and the appellant pleaded its inability in view of the mounting losses. some negotiations .....

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Sep 07 1978 (SC)

Northern India Caterers (India) Ltd. Vs. Lt. Governor of Delhi.

Court : Supreme Court of India

Decided on : Sep-07-1978

Reported in : (1978)7CTR(SC)130

pathak, j. - this and the connected appeal are directed against the judgment of the high court of delhi disposing of a reference made to it under s. 21(3) of the bengal finance (sales tax) act, 1941 as extended to the union territory of delhi on the following question :-'whether the service of meals to casual visitors in the restaurant is taxable as a sale(i) when the charges are lumpsum per meal or(ii) when they are calculated per dish' the high court has answered the question in the affirmative.2. the appellant runs a hotel in which loading and meals are provided on 'inclusive terms' to residents. meals are served to non-residents also in the restaurant located in the hotel. in the assessment proceedings for the assessment years 1957-58 and 1958-59 under the bengal finance (sales tax) act, 1941, the appellant contended that the service of meals to residents and non-residents could not be regarded as a sale and therefore sales tax could not be levied in respect thereof. the contention was rejected by the sales tax authorities, who treated a portion of the receipts from the residents and non-residents as representing the price of the foodstuffs served. at the instance of the appellant, the high court called for a statement of the case on two questions. one was whether the supply of meals to residents, who paid a single all-inclusive charge for all services in the hotel, including board, was exigible to sales tax. the second was the question set fourth above. the high court .....

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Sep 08 1978 (SC)

Maulana ShamsuddIn Vs. Khushilal and ors.

Court : Supreme Court of India

Decided on : Sep-08-1978

Reported in : AIR1978SC1740; (1979)1SCC121; [1979]1SCR582; 1978(10)LC723(SC)

untwalia, j.1. in this appeal by certificate granted by the madhya pradesh high court the question of law which falls for our determination is whether conferral of bhumiswami rights on shri khushi lal, respondent no. 1 in respect of the lands in question in accordance with section 190 of the madhya pradesh land revenue code, 1959, hereinafter referred to as the m.p. code of 1959, by the revenue authorities is correct and sustainable.2. maulana shamsuddin, the sole appellant in this appeal, was a muafidar in the erstwhile state of bhopal of the disputed lands in accordance with the bhopal state land revenue act, 1932 (for brevity, the bhopal act of 1932). the first respondent claimed to be a shikmi of the appellant in respect of the lands in question. his case was that the appellant was the occupant of the lands within the meaning of the bhopal act of 1932. on the coming into force of the m.p. code of 1959, the appellant became a bhumiswami under clause (c) of section 158 and the respondent became an occupancy tenant under section 185(1)(iv)(b). thus he became entitled to conferment of bhumiswami rights under section 490. he applied before the tahsildar, huzur, respondent no. 5 for mutation of his name as a bhumiswami in the revenue records. the tahsildar by his order dated the 24th june, 1963 directed khushi lal to deposit compensation equivalent to 15 times of the land revenue on the payment of which his name was to be recorded as a bhumiswami of the holdings. it appears his .....

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Sep 11 1978 (SC)

Basti Sugar Mills Co. Ltd. Vs. State of Uttar Pradesh and anr.

Court : Supreme Court of India

Decided on : Sep-11-1978

Reported in : AIR1979SC262; [1978(37)FLR265]; 1979LabIC129; (1978)IILLJ412SC; (1979)2SCC88; [1979]1SCR590

krishna iyer, j.1. undaunted by a direction of the state government under the uttar pradesh industrial disputes act, 1947 (the u.p. act, for short), unsuccessfully attacked before a learned single judge and in appeal from his judgment, the appellant-owner of two sugar factories in uttar pradesh-has secured special leave to reach this court and press before us a few jurisdictional points which, if valid, are deprivatory of the impugned notification under section 3(b) of the act. before we open the discussion, and, indeed, as paving the way for it, we may remind ourselves of a jural fundamental articulated elegantly in a different context by mr. justice cardozo benjamin nathan cardozo benjamin nathan cardozo 'what medicine can do for law' address before the new york academy of medicine, nov. 1, 1928-readings in law and psychiatry :more and more we lawyers are awaking to a perception of the truth that what divides and distracts us in the solution of a legal problem is not so much uncertainty about the law as uncertainty about the facts-the facts which generate the law. let the facts be known as they are, and the law will sprout from the seed and turn its branches toward the light.2. social realities mould social justice and the compulsions of social justice, in the context of given societal conditions, constitute the basic facts from which blossom law which produces order.3. the search for the social facts behind section 3 of the u.p. act takes us to the objects and reasons act .....

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Sep 12 1978 (SC)

Dr. S.P. Kohli, Civil Surgeon, Ferozepur Vs. High Court of Punjab and ...

Court : Supreme Court of India

Decided on : Sep-12-1978

Reported in : AIR1978SC1753; 1978CriLJ1804; (1979)1SCC212; [1979]1SCR722; 1978(10)LC870(SC)

jaswant singh, j.1. this appeal by special leave is directed against an order dated the 29th september, 1975 of the punjab and haryana high court at chandigarh directing prosecution of the appellant for an offence under section 193 of the indian penal code and asking the registrar of the court to lodge a complaint in respect of the aforesaid offence in the court of competent jurisdiction.2. the circumstances giving rise to this appeal are : on the basis of recovery of the dead body of a minor girl of fourteen or fifteen years of age named kaushalaya devi from the residential house of one bhajan lal aged 35 years, resident of abohar (hereinafter referred to as 'the accused') on the night between the 14th and 15th of march, 1973 when his wife and children were away, the accused was tried for the murder and rape of the said girl. to start with, the police did not effect the arrest of the accused who from the evidence recorded in the case appeared to be a big landlord. later on, however, on the statement of the father of the deceased girl, a case was registered against the accused and he was taken into custody at 1.00 p.m. on the 15th march, 1973. dr. c.d. ohri who conducted the post mortem examination of the dead body of kaushalaya devi, deceased opined on the basis of the observations made by him that the death of the deceased had occurred as a result of asphyxia due to constriction of the neck which was ante mortem and sufficient in the ordinary course of nature to cause death .....

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Sep 12 1978 (SC)

Haji C.H. Mohammad Koya Vs. T.K.S.M.A. Muthukoya

Court : Supreme Court of India

Decided on : Sep-12-1978

Reported in : AIR1979SC154; (1979)2SCC8; [1979]1SCR664

fazal ali, j.1. this election appeal is directed against the order of the high court of kerala dated 19th december, 1977 by which the election of the appellant haji c.h. mohammad koya has been set aside and he has been disqualified from taking part in the elections for a period of six years under the provisions of the representation of the people act, 1951 (hereinafter called the act).2. for the purpose of brevity we shall refer to the respondent-petitioner as the petitioner and haji c.h. mohammad koya as the appellant.3. in the general election held to the legislative assembly of kerala on 20th march, 1977 the petitioner and the appellant were the contesting candidates from no. 34 malappuram constituency. the counting of votes took place on the 20th march, 1977 and the appellant was declared elected on the same date. the total votes polled were 56.276. the appellant secured 39,362 votes and thus defeated the petitioner by a margin of 20,000 votes. aggrieved by the election results, the petitioner filed an election petition in the high court alleging that the appellant had committed various corrupt practices falling within the ambit of sections 123(3), (3a) and (4) of the act. it was mainly alleged that before the elections, the appellant was the chief editor of a malayalam daily paper called chandrika which was the official organ of the muslim league. it is further alleged by the petitioner that the appellant held shares worth rs. 3 lakhs in the printing and publishing .....

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Sep 12 1978 (SC)

Union of India (Uoi) and anr. Vs. Swadeshi Cotton Mills Co. Ltd. and a ...

Court : Supreme Court of India

Decided on : Sep-12-1978

Reported in : AIR1978SC1818; (1978)4SCC295; [1979]1SCR735; 1978(10)LC755(SC)

order1. an ad interim order of stay passed by the high court of delhi has been challenged before us in this appeal. we should have hesitated to interfere with an interlocutory order following the usual practice in this court. but, where repercussions are incalculable and the basis of the direction, though interlocutory, is obscure, the ends of justice dominate and we may interfere if public interest so dictates.2. here is an order of the company law board under section 408(1) of the companies act, 1956, which gives a wealth of facts and a variety of reasons to support an ultimate direction which runs thus :'since all the three conditions referred to in sub-section (1) of section 408 of the companies act, 1956, are established on the facts and circumstances of the case, the company law board hereby appoint officers for three years, in addition to the existing directors of the company :-1. shri b.m. kaul, member, railway board (retd.) 5-j-4 jawahar nagar, jaipur.2. shri a.k. mazumdar, chief secretary, orissa govt. (retd.) 26/2, dover road, apartment no. 4, calcutta-19.3. shri p.k. choksi, senior partner, price waterhouse pest & co., b-4, gillander house, calcutta-1.4. shri s.k. mitra, president, institute of cost & works accounts of india, 14-a/6 western extension area, karol bagh, new delhi-5.5. shri p.a.s. rao, formerly president of the institute of company secretaries of india, c-7/7, vasant vihar, new delhi.6. shri m.c. bhatt, joint secretary, govt. of india (retd.) b-22, .....

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