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Judgment Search Results Home > Cases Phrase: mediation Sorted by: old Court: supreme court of india Year: 1978 Page 7 of about 76 results (0.082 seconds)

Oct 18 1978 (SC)

Ganesh Bhavan Patel and anr. Vs. State of Maharashtra

Court : Supreme Court of India

Decided on : Oct-18-1978

Reported in : AIR1979SC135; 1979CriLJ51; (1978)4SCC371; [1979]2SCR94

r.s. sarkaria, j.1. this appeal is directed against a judgment, dated december 2/4, 1972, of the high court of bombay, whereby it converted the acquittal of the appellants herein, into a conviction under section 302 read with 34, indian penal code.2. according to the prosecution, damji had illicit relations with smt. bachibai, wife of dana ravji patel, appellant, who was original accused no. 1 at the trial. dana was aware of these relations, and about two to four months before the occurrence, he had threatened to kill the deceased. damji deceased, along with his wife and daughter, was living in a room in building no. 3, bhaveshwar nagar, ghatkopar, bombay.3. on november 29, 1969, at about 7 p.m, the deceased was returning home on his bicycle. when he entered the lane adjacent to the said building no. 3, both the appellants assaulted him with knives. pramila (p.w. 2), aged about 13 years, the daughter of the deceased was sitting on a charpoy in the compound of building no. 3. this compound is enclosed by a wall and is close to the lane. another girl, named kuvarbai (p.w. 5), also aged 13 years, was sitting on the otla nearby. on being attacked, the deceased cried out 'bachao bachao', on hearing this, pramila got up and ran to the place of occurrence. on coming out of the compound gate, she saw both the appellants causing injuries with knives to the deceased who was then lying on the ground. his legs were in the gutter and the rest of the body on the road. pramila asked the .....

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Oct 24 1978 (SC)

Board of Muslim Wakfs, Rajasthan Vs. Radha Kishan and ors.

Court : Supreme Court of India

Decided on : Oct-24-1978

Reported in : AIR1979SC289; (1979)2SCC468; [1979]2SCR148

a.p. sen, j.1. this appeal by certificate is directed against the judgment of the rajasthan high court dated may 4, 1966 holding that inclusion of the disputed property in the list of wakfs published by the board of muslim wakfs, rajasthan under sub-section (2) of section 5 of the wakf act, 1954 is not binding on the respondents nos. 1 and 2, the mortgagee-purchasers and restraining the board from taking any steps under section 36b of the act for evicting them from the same.2. the subject matter in dispute is a two-storeyed building, known as dharamshala or musafirkhana, situate on mirza ismail road at jaipur. the building was constructed by the late haji mohammad ali khan, a sessions judge of the erstwhile princely state of jaipur, who owned a considerable estate, on a plot of land admeasuring 5 bighas and 3 biswas obtained from the mehakma mensa aliya council with the approval of the ruler of jaipur under a patta dated february 23, 1886 for construction of a haveli and dharamshala. it appears that haji mohammad ali khan before his death in the year 1912, had executed two wills, one on february 17, 1910 and the other on july 1, 1911, by which after making several bequests he acknowledged that he had dedicated the said property in wakf, for its use as a dharamshala and appointed his son ehsen ali khan as its mutawalli. after the death of haji mohammad am khan, there was a suit for partition of the property brought by his son faiyaz ali khan against his brother ehsan ali khan, .....

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Oct 26 1978 (SC)

Rajendra Singh Yadav Vs. Chandra Sen and ors.

Court : Supreme Court of India

Decided on : Oct-26-1978

Reported in : AIR1979SC882; (1979)4SCC111; 1978(10)LC862(SC)

v.r. krishna iyer, j.1. exordially speaking, the point for decision is short but its legal import and human portent are deep, sounding in constitutional values and meriting incisive examination. where the question wears a simple look but its answer strikes at life and liberty we must proceed on the inarticulate major premise of human law as the solemn delivery system of human justice. in formal terms, the problem to be resolved is the vires of order xxi, rule 15(1)(c) of the supreme court rules (the rules, for short), but in juristic terms it turns on the inflexible stages as against its facultative facets of an appellate hearing when it is a first appeal against a death sentence or life imprisonment. more particularly, is an appeal to the supreme court falling within the scope of article 134(1) or the enlarged jurisdiction permitted by article 134(2) liable to shorthand hearing and peril of summary dismissal brevi manu, the appellant urges that article 134 of the constitution compels this court to hear and dispose of criminal appeals of the grave categories covered by it, not ex parte as order xxi rule 15(1)(c) of the rules permits but in extenso, and only after notice to the state and with the record of the case before it. therefore, the rule is bad.2. any legal issue of profound impact, if regarded by judges literally and not creatively, may be given short shrift, especially if counsel is more assertive than explorative, produces more heat than light and the text to be .....

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Nov 03 1978 (SC)

H.P. Gupta Vs. Manohar Lal and ors.

Court : Supreme Court of India

Decided on : Nov-03-1978

Reported in : AIR1979SC443; 1979CriLJ199; (1979)2SCC486; [1979]2SCR208; 1979(11)LC100(SC)

v.d. tulzapurkar, j.1. the short question raised in this appeal by special leave is whether the court of appeal, after having disposed of the appeal, has the power to order restoration of possession of immovable property under section 456(2) of the crpc, 1973 2. the facts giving rise to the aforesaid question are briefly these : respondents 1 to 4 were convicted by a metropolitan magistrate under section 447 i.p.c. for trespassing and taking forcible possession of the immovable property which was in the possession of the appellant shri h.p. gupta. the magistrate, however, did not pass any order for restoration of possession under sub-section (1) of section 456 cr.p.c. the respondents filed an appeal to the court of sessions against their conviction which was dismissed by the additional sessions judge, new delhi on january 6, 1975. two weeks later the appellant made an application to the appellate court for restoration of possession of the property under section 456(2) of cr.p.c. and the learned additional sessions judge ordered its restoration to him on february 1, 1975. the respondents moved the delhi high court under article 227 of the constitution read with section 482 cr.p.c. being criminal miscellaneous petition no. 118 of 1975, challenging the said order of the additional sessions judge on the ground that the appellate court had no jurisdiction or power to pass the order after disposing of the appeal. the high court set aside the impugned order holding that 'the .....

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Nov 13 1978 (SC)

Bhupinder Singh Vs. Daljit Kaur

Court : Supreme Court of India

Decided on : Nov-13-1978

Reported in : AIR1979SC442; 1979CriLJ198; (1979)1SCC352; [1979]2SCR292

orderv.r. krishna iyer, j.1. a short narrative of the facts is necessary to explore and explode the submission that a substantial question of law arises, which merits grant of leave under article 136 of the constitution. the respondent is the wife of the petitioner. she moved the magistrate, having jurisdiction over the subject-matter, for grant of maintenance under section 125 of the criminal procedure code. the court awarded maintenance in a sum of rs. 250/- per mensem but the order was made ex-parte since the petitioner did not appear in court. the motion for setting aside the ex parte order was dismissed whereupon a criminal revision was filed by the husband before the high court. during the pendency of the said petition a compromise was entered into between the parties as a result of which the wife resumed cohabitation with the husband. this resumption of conjugal life was followed by an application by the wife (respondent) praying that her application for maintenance be dismissed and the execution proceedings for recovery of arrears of maintenance be withdrawn. apparently, on this basis the trial court did not proceed to recover arrears of maintenance. but as the record now stands, the order for maintenance remains. that has not been set aside and must be treated as subsisting. the high court apparently dismissed the revision petition on the score that the parties had compromised the dispute.2. later developments were not as smooth as expected. the wife was betrayed, .....

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Nov 20 1978 (SC)

Khatki Ahmed Mushabhai Vs. Limdi Municipality

Court : Supreme Court of India

Decided on : Nov-20-1978

Reported in : AIR1979SC418; (1979)0GLR370; (1979)1SCC248; [1979]2SCR338

orderv.r. krishna iyer, j.1. the petitioner's counsel, in his fighting submission, argues that his client's fundamental right to a licence for a meat shop has been flouted by the little limdi municipality, founding himself on a decision of this court in mohd. faruk v. m.p. state [197] 1 scr 156. that decision hardly helps. there a byelaw was challenged as violative of article 19(1)(g). here there is no law whatever which bans the grant of meat licences. indeed, there are three other licensed meat stalls and the petitioner himself had a meat licence in a shop leased to him by the same municipality earlier which by efflux of time had expired. the law vests a discretion to be reasonably exercised in the context of citizen's fundamental right. the ground on which the municipal body has, refused licence here is not irrelevant and cannot be described as unreasonable within the meaning of article 19(6) of the constitution. the bye-laws permit the municipality, as the licensing authority, to grant or to refuse licences. no butcher, baker or circus manager can say that he has the unqualified right to get a licence on mere application. it is open to the licensing council-indeed, is obligatory on its part-to take note of all relevant circumstances and then decide whether, in the particular spot chosen by the particular applicant, a licence should be granted. various factors enter the verdict and the local authorities are the best judge of these factual factors, not the court, especially .....

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Nov 23 1978 (SC)

Maneka Sanjay Gandhi and anr. Vs. Rani Jethmalani

Court : Supreme Court of India

Decided on : Nov-23-1978

Reported in : AIR1979SC468; 1979CriLJ458; (1979)4SCC167; [1979]2SCR378; 1979(11)LC120(SC)

v.r. krishna iyer, j.1. mrs. maneka gandhi figures as an accused in a prosecution launched against her and others by miss. rani jethmalani for an offence of defamation in the court of the metropolitan magistrate, bombay. the former is the editor of a monthly called 'surya' and is the wife of shri sanjay gandhi and daughter-in-law of smt. indira gandhi, former prime minister. the latter is a young advocate and is the daughter of a leading advocate and currently an important member of parliament. the present petition has been made for a transfer of the criminal case from bombay to delhi, and a string of grounds has been set out to validate the prayer. we decline the transfer and proceed to give our reasons without making the least reflection on the merits of the case.2. assurance of a fair trial is the first imperative of the dispensation of justice and the central criterion for the court to consider when a motion for transfer is made is not the hypersensitivity or relative convenience of a party or easy availability of legal services or like minigrievances. something more substantial, more compelling, more imperilling, from the point of view of public justice and its attendant environment, is necessitous if the court is to exercise its power of transfer. this is the cardinal principle although the circumstances may be myriad and vary from case to case. we have to test the petitioner's grounds on this touch-stone bearing in mind the rule that normally the complainant has the .....

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Nov 30 1978 (SC)

The Manager, Government Branch Press and anr. Vs. D.B. Belliappa

Court : Supreme Court of India

Decided on : Nov-30-1978

Reported in : AIR1979SC429; [1979(38)FLR337]; 1979LabIC146; (1979)ILLJ156SC; (1979)1SCC477; [1979]2SCR458

r.s. sarkaria, j.1. the respondent, belliappa, was appointed temporary junior compositor in the grade of rs. 65-1-72-2-90 in the government branch press, mercara. the post was non-gazetted class iv as defined in clause (iv) of sub-rule 3 of rule 5 of the mysore civil services (classification control and appeal) rules, 1957. the employment was temporary and was to continue until further orders.2. the branch manager, mercara, respondent 1 (herein), served a notice on the respondent on december 29, 1966, stating that the respondent had taken outside the press some copies of the ballot papers relating to the director's election of coorg cardamom co-operative societies, mercara. the respondent was required to show cause before 2.00 p.m. of december 30, 1966, why disciplinary action be not taken against him as per rules. it was further stated in the notice that failure to comply with the notice will result in the respondent's suspension and further disciplinary action against him.3. thereafter on january 3, 1967, an order was served on the respondent, terminating his service. this order (hereinafter called the impugned order) runs as under:office of the manager, government branch press, mercara.memorandaas per instructions contained in head office order no. 570/66-67, dated 3-1-1967, sri d.b. belliappa, junior compositor of this office is hereby informed that your appointment is purely temporary and terminable at any time without any previous notice and without reasons being .....

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Dec 01 1978 (SC)

In Re: the Special Courts Bill, 1978

Court : Supreme Court of India

Decided on : Dec-01-1978

Reported in : AIR1979SC478; (1979)1SCC380; [1979]2SCR476

y.v. chandrachud, c.j.1. on august 1, 1978 the president of india made a reference to this court under article 143(1) of the constitution for consideration of the question whether the 'special courts bill, 1978' or any of its provisions, if enacted, would be constitutionally invalid. the full text of the reference is as follows:whereas certain commissions of inquiry appointed by the central government under the commissions of inquiry act, 1952 (central act 60 of 1952) have submitted reports which indicate that there is reason to believe that various offences have been committed by persons holding high political and public offices during the period of operation of the proclamation of emergency dated the 25th june, 1975, and the period immediately preceding that proclamation; and whereas investigations into such offences are being made in accordance with law and are likely to be completed soon; and whereas suggestions have been made that the persons in respect of whom the investigations reveal that a prima facie case has been made out should be tried speedily in special courts constituted for that purpose; and whereas a proposal has been made that legislation should be enacted for the creation of an adequate number of special courts for the speedy trial of such offences on the lines of the bill, a copy whereof is annexed hereto (hereinafter referred to as the 'bill'); and whereas doubts have been expressed with regard to the constitutional validity of the bill and its .....

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Dec 07 1978 (SC)

Ram Singh and Sons Engineering Works Vs. Commissioner of Sales Tax, U. ...

Court : Supreme Court of India

Decided on : Dec-07-1978

Reported in : AIR1979SC545; (1979)1SCC487; [1979]2SCR621; [1979]43STC195(SC)

p.n. bhagwati, j.1. the short question that arises for determination in this appeal by special leave is whether a contract for fabrication and erection of a 3-motion electrical overhead travelling crane is a contract of sale or a contract for work and labour. the question is fortunately not beset with much difficulty since there is a recent decision of this court in sentinel rolling shutters & engineering co. (p) ltd. v. commissioner of sales tax, maharashtra : [1979]1scr644 which affords considerable guidance and almost concludes the determination of the question in favour of the assessee.2. the assessee, who is the appellant before us, is a partnership firm carrying on the business inter alia of manufacturing and erection of cranes. during the assessment year 1965-66, the assessee entered into two contracts for supply and erection of 3-motion electrical overhead travelling cranes, one with m/s. kamlapat moti lal sugar mills and the other with m/s. upper doab sugar mills ltd. the contract with m/s. kamlapat moti lal sugar mills provided for supply and erection of one 3-motion electrical overhead travelling crane at the price of rs. 1,34,500/- and on the terms and conditions set out ha a letter addressed by m/s. kamlapat moti lal sugar mills to be assessee:we confirm all the specifications given in your above referred quotation with the following changes:1. structural capacity will be suitable for safeload of two unloading crabs, i.e. 10 tons.2. span of the long gantry which .....

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