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Judgment Search Results Home > Cases Phrase: mediation Sorted by: old Court: supreme court of india Year: 2012 Page 9 of about 115 results (0.098 seconds)

Sep 27 2012 (SC)

Re: Special Reference No. 1 of 2012 [Under Article 143(1) of the Const ...

Court : Supreme Court of India

Decided on : Sep-27-2012

dipak misra ; ranjan gogoi, jj.in exercise of powers conferred under article 143(1) of the constitution of india, the president of india has on 12th april, 2012, madethe present reference. the full text of the reference (sans the annexures)is as follows: "whereas in 1994, the department of telecommunication, government of india ("goi"), issued 8 cellular mobile telephone services licenses ("cmts licenses"), 2 in each of the four metro cities of delhi, mumbai, kolkata and chennai for a period of 10 years (the "1994 licenses"). the 1994 licensees were selected based on rankings achieved by them on the technical and financial evaluation based on parameters set out by the goi in the tender and were required to pay a fixed licence fee for initial three years and subsequently based on number of subscribers subject to minimum commitment mentioned in the tender document and licence agreement.the 1994 licenses issued by goi mentioned that a cumulative maximum of upto 4.5 mhz in the 900 mhz bands would be permitted based on appropriate justification. there was no separate upfront charge for the allocation of spectrum to the licensees, who only paid annual spectrum usage charges, which will be subject to revision from time to time and which under the terms of the license bore the nomenclature "licence fee and royalty". a copy of the 1994 licenses, along with a table setting out the pre-determined licence fee as prescribed by dot in the tender, is annexed hereto as annexure i (colly). .....

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Sep 28 2012 (SC)

Chloro Controls (i) Pvt Ltd. Vs. Severn Trent Water Purification Inc. ...

Court : Supreme Court of India

Decided on : Sep-28-2012

swatanter kumar, j.1. leave granted.2. the expanding need for international arbitration and divergent schools of thought, have provided new dimensions to the arbitration jurisprudence in the international field. the present case is an ideal example of invocation of arbitral reference in multiple, multi- party agreements with intrinsically interlinked causes of action, more so, where performance of ancillary agreements is substantially dependent upon effective execution of the principal agreement. the distinguished learned counsel appearing for the parties have raised critical questions of law relatable to the facts of the present case which in the opinion of the court are as follows :(1) what is the ambit and scope of section 45 of the arbitration and conciliation act, 1996 (for short the 1996 act)?(2) whether the principles enunciated in the case of sukanya holdings pvt. ltd. v. jayesh h. pandya [(2003) 5 scc 531], is the correct exposition of law?(3) whether in a case where multiple agreements are signed between different parties and where some contain an arbitration clause and others dont and further the parties are not identically common in proceedings before the court (in a suit) and the arbitration agreement, a reference of disputes as a whole or in part can be made to the arbitral tribunal, more particularly, where the parties to an action are claiming under or through a party to the arbitration agreement?(4) whether bifurcation or splitting of parties or causes of .....

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Sep 28 2012 (SC)

Speaker Haryana Vidhan Sabha and ors Vs. Kuldeep Bishnoi and ors.

Court : Supreme Court of India

Decided on : Sep-28-2012

altamas kabir, j.1. leave granted.2. the subject matter of challenge in these appeals is the final judgment and order dated 20th december, 2011, passed by the punjab & haryana high court in the different letters patent appeals filed by the appellants herein.3. the first civil appeal, arising out of slp(c)no.54 of 2012, has been filed by the speaker of the haryana vidhan sabha against the judgment and order passed by the punjab and haryana high court in his letters patent appeal no.366 of 2011. by the said judgment, the division bench not only dismissed the appeal and did not choose to interfere with the directions given by the learned single judge to the speaker to decide the petitions for disqualification of five mlas within a period of four months, but in addition, directed that pending such decision, the five mlas in question would stand disqualified from effectively functioning as members of the haryana vidhan sabha. aggrieved by the interim directions purportedly given under order 41 rule 33 of the code of civil procedure (c.p.c.), the speaker filed slp(c)no.54 of 2012, challenging the same.4. the other three special leave petitions (now appeals) were filed by the five mlas, who were prevented from performing their functions as members of the assembly by the directions contained in the impugned judgment and order dated 20th december, 2011. while slp(c)no.55 of 2012 was filed by narendra singh and another, slp(c)nos.59 of 2012 and 72 of 2012 were filed by dharam singh and .....

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Oct 01 2012 (SC)

Manharibhai Muljibhai Kakadia and anr. Vs. Shaileshbhai Mohanbhai Pate ...

Court : Supreme Court of India

Decided on : Oct-01-2012

r.m. lodha, j.1. leave granted.2. the sole question for consideration is, whether a suspect is entitled to hearing by the revisional court in a revision preferred by the complainant challenging an order of the magistrate dismissing the complaint under section 203 of the criminal procedure code, 1973 (for short code).3. it is not necessary to set out the facts in detail. suffice it to say that shaileshbhai mohanbhai patel, respondent no. 1, filed a criminal complaint on 15.5.2004 in the court of chief judicial magistrate, surat (for short cjm) against manharibhai muljibhai kakadia and paresh lavjibhai patel, appellants, alleging that they had pre-planned a conspiracy; created forged documents bearing signatures of the complainant, his father and uncle, two sons of his uncle and his elder brother and have used the said documents as true and genuine by producing the same before the district registrar, cooperative society, nanpura, and by making false representation obtained registration of indoregency cooperative housing society limited and by doing so the accused (appellants) have caused financial loss and physical and mental agony to the complainant and his family members and have deceived the complainant and his family members by obtaining huge financial advantage by taking possession of the complainants property. it was, thus, alleged that the appellants have committed offences punishable under sections 420, 467, 468, 471 and 120-b, ipc.4. the cjm in exercise of his .....

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Oct 03 2012 (SC)

M.R. Prabhakar and ors. Vs. Canara Bank and ors.

Court : Supreme Court of India

Decided on : Oct-03-2012

k. s. radhakrishnan, j.1. leave granted.2. we may, for the disposal of these appeals, deal with the facts in civil appeals arising out of slp (c) nos. 30983-30986 of 2008, since common questions arise for consideration in all these appeals.3. we are, in these appeals, concerned with the legality of the claim for pension in lieu of contributory provident fund (for short cpf) of some officers of the canara bank who had resigned and stood relieved from their respective posts prior to 3.6.1993, i.e. prior to signing of the statutory settlement dated 29.10.1993 under the industrial disputes act, 1947, the joint note dated 29.10.1993, followed by the canara bank pension regulations, 1995 (for short regulations 1995), which was notified in the gazette of india on 29.9.1995.4. the learned single judge of the high court held in favour of the appellants but the division bench of the high court held otherwise. hence, these appeals.5. we may, as already indicated, refer to the facts of the case in civil appeals arising out of slp (c) nos. 30983-30986 of 2008. the appellants date of appointment and their resignation are as under: |position of the |date of appointment |date of resignation | |petitioner as per cause | | | |list | | | |m.r. prabhakar |27-05-1970 |04-06-1991 | |s. ananda rao |09-09-1970 |22-09-1990 | |n. anand |17-12-1969 |19-04-1993 | |s. k. mehta |15-12-1965 |01-05-1991 | |n.v. rangaswamy |24-07-1968 |09-01-1991 | |s. sathyanarayan |07-0701970 |03-06-1993 | |k. s. seshadri .....

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Oct 04 2012 (SC)

Praveen Pradhan. Vs. State of Uttranchal and anr.

Court : Supreme Court of India

Decided on : Oct-04-2012

dr. b.s.chauhan, j.1. leave granted.2. this appeal has been preferred against the impugned judgment and order dated 5.1.2012 passed by the high court of uttarakhand at nainital in criminal misc. application no. 420 of 2006, by way of which the high court dismissed the application under section 482 of code of criminal procedure, 1973 (hereinafter referred to as cr.p.c.), filed by the appellant for the purpose of quashing the criminal proceedings, i.e. chargesheet no. 208/2005 and order of cognizance dated 28.4.2006 passed by the chief judicial magistrate, haridwar, filed upon an investigation conducted on the basis of fir no.285 of 2005 (crime no.258/2005) pertaining to p.s.: ranipur, haridwar.3. the facts and circumstances giving rise to this appeal are as follows : a. that, a first information report (hereinafter referred to as fir) was lodged by one ambreesh singh, who is the brother of anurag singh, the deceased, alleging that the appellant had long been attempting to compel the deceased to indulge in several wrongful practices at the work place. the deceased was not comfortable with complying with such orders and as a consequence, the appellant started making illegal demands and as the same were not fulfilled, he began to harass and insult the deceased at the regular intervals. the appellant, in fact, on one occasion, disgraced the deceased in front of the staff of the entire factory, and told him that had there been any other person in his place, he would have died .....

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Oct 04 2012 (SC)

Winston Tan and anr. Vs. Union of India and anr.

Court : Supreme Court of India

Decided on : Oct-04-2012

r.m. lodha, j.1. leave granted.2. the forfeiture of flat no. 4, kamala mansion, ground floor, promenade place, no. 45/2, promenade road, bangalore 560 042 under section 7 of the smugglers and foreign exchange manipulators (forfeiture of property) act, 1976, to be referred as safema, is the subject matter in this appeal. col. k. m. somana (retd.) was the original owner of that flat. on 20.3.1997, he sold the flat to mohd. ismail shabandari and his wife fathima kauser ismail by a sale deed which was registered in the office of the sub-registrar, bangalore.3. mohd. ismail shabandari was detained under conservation of foreign exchange and prevention of smuggling activities act, 1974 (for short, cofeposa) on 2.5.2003. the detention order came to be passed at the instance of the enforcement directorate, bangalore; his premises were searched on 31.7.2002. in that search indian currency of rs. 13,50,000/- along with incriminating materials showing illegal transfer of money from abroad was seized. the documents seized from the residence of mohd. ismail shabandari on 31.7.2002 by the enforcement directorate also indicated that he had received rs. 92,09,480/- from different persons as instructed by one hussain sherrif of dubai and he had made payments in india to various persons to the tune of rs. 78,59,480/- leaving a balance of rs. 13,50,000/- which was seized at the time of search. it was in this backdrop that the order dated 2.5.2003 for detention of mohd. ismail shabandari .....

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Oct 04 2012 (SC)

Board of Trustees of Martyrs Memorial Trust and anr. Vs. Union of Indi ...

Court : Supreme Court of India

Decided on : Oct-04-2012

r.m. lodha, j.1. this appeal raises the question pertaining to cancellation of allotment of government accommodation nos. 1 and 2, civil lines, ballia (u.p.) (hereinafter referred to as "government accommodation").2. martyrs memorial trust (shaheed smarak nyas), the first appellant, a public charitable trust (for short "the trust"), was constituted by a deed of declaration dated june 5, 1997. the preamble of the deed of trust records that the people of india suffered immensely under the british rule for more than two hundred years and at the call of mahatma gandhi, thousands of men and women from different walks of life joined the national freedom movement and directly associated themselves with various constructive programmes. it was decided to constitute a public charitable trust in the fond memory of the martyrs and freedom fighters hailing from ballia and eastern uttar pradesh with a view to perpetuate their names and strengthening the task of nation building.3. on august 19, 1992, the then prime minister of india mr. p.v. narasimha rao, on the occasion of golden jubilee celebration of the quit india movement of 1942 at ballia, had announced while addressing a meeting at jayaprakash nagar, the birth place of shri jayaprakash narayan, that a sum of rupees one crore would be made available by the government of india for the construction of shaheed smarak (martyrs memorial) at ballia. the then chief minister of uttar pradesh also announced a sum of rs. 25 lakhs for this .....

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Oct 05 2012 (SC)

Gaytri Bajaj. Vs. Jiten BhallA.

Court : Supreme Court of India

Decided on : Oct-05-2012

..... his counsel by letter dated 13.01.2012.11. though the above facts stated in the aforesaid i.a. are not mentioned in the report of the mediator submitted to this court, what is stated in the aforesaid report dated 14.01.2012 is that on 14.01.2012 the respondent and the children were ..... the court made the following interim arrangement:"(i) the respondent-husband is directed to bring both daughters, namely, kirti bhalla and ridhi bhalla to the supreme court mediation center at 10 a.m. on saturday of every fortnight and hand over both of them to the petitioner-wife. the mother is free to interact with them ..... at about 12.00 p.m., the respondent took both the children home. thereafter, both the children have declined to visit the mediation centre any further. before the next date for appearance in the mediation centre, i.e., 14.01.2012 the said fact was informed to the learned counsel for the appellant by the respondent through ..... present and that a letter dated 13.01.2012 from the counsel for the respondent had been placed before the mediator wherein it has been stated that though the children had earlier attended the mediation centre they are now refusing to come to the centre and all efforts in this regard made by their father ..... all efforts, did not succeed in persuading the children. at about 1.30 p.m. the respondent, who had left the children in the mediation centre, received a call that he should come and take the children back with him. in the aforesaid i.a. it has been further stated .....

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Oct 09 2012 (SC)

Raj Paul Singh and anr. Vs. State Through P.S. Musheerabad, Hyderabad.

Court : Supreme Court of India

Decided on : Oct-09-2012

a.k. patnaik, j.1. this is an appeal against the judgment and order dated 16.04.2007 of the andhra pradesh high court in criminal appeal no. 1258 of 2005.2. the facts very briefly are that on 19.04.2004 santoshi (hereinafter referred to as 'the informant) lodged an fir in musheerabad p.s., district hyderabad, alleging that on 18.04.2004 at about 9.30 p.m. her husbands brother, the appellant no.1, came in an auto in a fully drunken condition, went to his house situated opposite to her house and started abusing her in filthy language and her husband, she and their children came down from their portion on the first floor and her husband warned the appellant not to abuse him, but the appellant did not listen and he asked his wife to get a knife and his wife, appellant no.2 herein, went to the kitchen and brought one knife and gave it to the appellant no.1 and the appellant no.1 took the knife and stabbed the husband of the complainant on the left side of his chest and as a result the husband of the informant fell down with bleeding injury and he was taken to the sagarlal hospital, where he died subsequently. the inspector of the p.s. musheerabad, m. bhasker reddy, registered a case under section 302 read with section 34 of the indian penal code, 1860 (for short 'the ipc). he visited the hospital, the scene of occurrence, conducted the inquest and sent the dead body of the deceased for post mortem examination. the appellant no.1 was then arrested and at his instance the knife .....

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