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Judgment Search Results Home > Cases Phrase: mediation Sorted by: old Court: supreme court of india Year: 1978 Page 8 of about 76 results (0.075 seconds)

Dec 13 1978 (SC)

Kamlapati Trivedi Vs. State of West Bengal

Court : Supreme Court of India

Decided on : Dec-13-1978

Reported in : AIR1979SC777; 1979CriLJ679; (1980)2SCC91; [1979]2SCR717

..... ; it has acquired the meaning of the place where justice is administered and, further, has come to mean the persons who exercise judicial functions under authority derived either immediately or mediately from the sovereign. all tribunals, however, are not courts, in the sense in which the term is here employed, namely, to denote such tribunals as exercise jurisdiction over persons by .....

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Dec 15 1978 (SC)

Avadh Kishore Das Vs. Ram Gopal and ors.

Court : Supreme Court of India

Decided on : Dec-15-1978

Reported in : AIR1979SC861; (1979)4SCC790; 1979(11)LC251(SC)

r.s. sarkaria, j.1. the plaintiffs-respondents 1 to 3 instituted a suit in the court of district judge, jhansi, under section 92 of the cpc, against avadh kishore dass, defendant-appellant herein, inter alia, on the ground that there was a public religious endowment of considerable area of land in village baha-walpura, district jalaun (u.p.) in favour of the temple of shri thakur ram jankiji maharaj also known as shri thakurji maharaj.2. the founder of the endowment or trust was one swami sewa das, who was a hermit of a very high order be longing to rihang vaishnava sampraday. he had a large number of followers. his hermitage was in village bahawalpura, pargana konch. district jalaun. sometime in the 14th century king mohamad shah was passing by that way. he was impressed by the learning of swami sewa das as well as his austerity and personality. the king made a gift of 836 bighas of land as padaragh in the aforesaid village in favour of swami sewa das, in trust for the specific purpose of constructing and maintaining the temple of shri thakurji maharaj and for due celebrations or raj bhog, puja, arti, utsav etc. of the said thakurji maharaj. swami sewa das accordingly installed an idol of shri thakurji maharaj after constructing a temple there. he spent the income of the endowed property for religious purposes such as sewapuja of the idol and for maintenance of sadhus of nihang vaishanaua vairagi of rama nandi sampradaya. he. was the first mahant of the math thus established .....

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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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