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Judgment Search Results Home > Cases Phrase: mediation Sorted by: old Court: us supreme court Year: 1978 Page 1 of about 130 results (0.051 seconds)

Mar 01 1978 (FN)

Fmc Vs. Pacific Maritime Assn.

Court : US Supreme Court

Decided on : Mar-01-1978

..... 15 jurisdiction over labor agreements. in 1938, congress created a maritime labor board (mlb) for the purpose of encouraging collective bargaining and assisting in the peaceful settlement of disputes through mediation. a provision of the 1938 measure, 1005, 52 stat. 967, required every maritime employer to file with the mlb a copy of every contract with any group of its employees .....

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Mar 21 1978 (FN)

Ballew Vs. Georgia

Court : US Supreme Court

Decided on : Mar-21-1978

..... authors also criticized the michigan study because it ignored two other important changes that had occurred when the size of civil juries was decreased from 1 to 6 members: a mediation board, which encouraged settlements, had been introduced, and rules that permitted discovery of insurance policy limits had taken effect. see saks 43. [ footnote 33 ] we do not rely on any .....

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Jun 22 1978 (FN)

Beth Israel Hosp. Vs. Nlrb

Court : US Supreme Court

Decided on : Jun-22-1978

..... the health care institution and the labor organization participate in mediation at the direction of the fmcs. section 1(e), 88 stat. 396, added a new 8(g) to the nlra, requiring labor organizations to give a 10-day ..... 8(d) of the nlra by requiring, with respect to health care institutions, 90-day notice of termination or expiration of a contract, 60-day notice to the federal mediation and conciliation service (fmcs) of contract termination or expiration, and 30-day notice to fmcs with respect to initial contract negotiation disputes arising after recognition, and by requiring that ..... 16 ] page 437 u. s. 499 moreover, congress addressed its concern for the unique problems presented by labor disputes in the health care industry by adding specific strike notice and mediation provisions designed to avert interruption in the delivery of critical health care services; none expresses a policy in favor of curtailing self-organizational rights. [ footnote 17 ] indeed, although congress ..... extent the board had required at the time the 1974 amendments were enacted. in extending coverage of the act to nonprofit hospitals, congress enacted special provisions for strike notice and mediation, applicable solely to the health care industry, intended to avoid disruptions of patient care caused by strikes. [ footnote 12 ] page 437 u. s. 497 it is significant that, although .....

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Jun 26 1978 (FN)

Duke Power Co. Vs. Carolina Env. Study Group

Court : US Supreme Court

Decided on : Jun-26-1978

..... under the price-anderson act, but under the fifth amendment itself. jurisdiction under 1337 extends only to actions vindicating rights created by an act of congress. compare switchmen v. national mediation board, 320 u. s. 297 , 320 u. s. 300 (1943), with general committee v. missouri-kansas-texas r. co., 320 u. s. 323 , 320 u. s. 337 (1943). since it .....

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Jan 19 1978 (SC)

Vishvas Aba Kurane Vs. State of Maharashtra

Court : Supreme Court of India

Decided on : Jan-19-1978

Reported in : AIR1978SC414; 1978CriLJ484; (1978)1SCC474; 1978(10)LC84(SC)

..... . on may 18, 1968, another fracas between maruti arid dinkar, the brother of sharkar (p.w. 2) took place which did not, howver, assume a grave funi because of the mediation of a few persons including the brothers of dinkar. on the fateful evening of may 19, 1968, jaywant left his house for his field to keep a vigil, on the .....

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Mar 13 1978 (SC)

Madan Gopal Bhatnagar Vs. Smt. Jogya Devi and ors.

Court : Supreme Court of India

Decided on : Mar-13-1978

Reported in : 1980Supp(1)SCC777; 1978(10)LC373(SC)

jaswant singh, j. 1. this appeal by special leave which is directed against the judgment and older dated november 17, 1976 of the high court of judicature at allahabad in s.a. no. 886 of 1975 raises a very interesting question of law via. whether a lessee of land taken by him for building a house can for his own benefit acquire an easement of way or of flow of water over other land of his lessor. though this question seems to have arisen a number of times in different high court of india, it is a question of first impression so far as this court is concerned as it was left open in chapsibhai dhamjibhai damed purusbottam : [1971]1scr335 .2. for a proper determination of this question, it is necessary to refer a few provisions of the indian easements act, 1882 (act v of 1882)(hereinafter called 'the act').3. section 4 of the act defines 'easement' as a right which the owner or occupier of certain land possesses, as such, for the beneficial enjoyment of that land, to do and continue to do something, or to prevent and continue to prevent something being done, in or upon, or in respect of, certain other land not his own.4. section 12 of the act specifies the persons who can acquire easements and provides that an easement can be acquired by the owner of an immoveable property or, on his behalf, by any person in occupation of the same.5. section 15 of the act deals with the method of acquiring easements.6. the words 'owner...or on his behalf by any person in occupation of the same' .....

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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 .....

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Aug 30 1978 (SC)

Sunil Batra Vs. Delhi Administration and ors. Etc.

Court : Supreme Court of India

Decided on : Aug-30-1978

Reported in : AIR1978SC1675; AIR1980SC1579; 1978CriLJ1741; 1980CriLJ1099; (1978)4SCC494; (1980)3SCC488; [1979]1SCR392; [1980]2SCR557

..... its behalf. shri tarkunde has made legal submissions fuelled by passion for jail reforms. the intervention of social welfare organisation in litigative processes pregnant with wider implications is a healthy mediation between the people and the rule of law. wisely permitted, participative justice, promoted through mass based organizations and public bodies with special concern seeking to intervene, has a democratic potential ..... past and smooth reconciliation with a radical constitutional value-set are the object, uses the art of reading down and reading wide, as part of interpretational engineering. judges are the mediators between the societal tenses. this court in r.l. arora v. state of uttar pradesh and ors. : [1964]6scr784 and in a host of other cases, has lent precedential support .....

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Aug 30 1978 (SC)

Sarwan Singh and ors. Vs. State of Punjab

Court : Supreme Court of India

Decided on : Aug-30-1978

Reported in : AIR1978SC1525; 1978CriLJ1598; (1978)4SCC111; [1979]1SCR383

kailasam, j.1.the two criminal appeals nos. 59 and 60 of 1972 are by special leave. criminal appeal no. 59 of 1972 is preferred by sarwan singh, karnail singh, zora singh and malkiat singh, while criminal appeal no. 60 of 1972 is by bachan singh against their conviction and sentence imposed on them by the trial court and confirmed by the punjab and haryana high court in criminal appeal no. 512 of 1970. this court granted special leave in both cases limited to the question as to whether the offence committed by the appellants is one punishable under section 300 i.p.c. or under any part of section 304 i.p.c.2. the facts necessary for determining what offence the accused were guilty of may be stated. sant singh is the father of sarwan singh, bachan singh and mewa singh. sarwan singh is the first appellant in criminal appeal no. 59 of 1972 and bachan singh is the sole appellant in criminal appeal no. 60 of 1972. the deceased mewa singh is their brother. sarwan singh had two sons, zora singh and karnail singh who are appellants nos. 3 and 2 in criminal appeal no. 59 of 1972. sarwan singh's daughter was married to malkiat singh who is the fourth appellant in criminal appeal no. 59 of 1972. pending appeal, sarwan singh and bachan singh have died and their appeals have abated. we are therefore concerned only with karnail singh, zora singh and malkiat singh who are appellants nos. 2, 3 and 4 in criminal appeal no. 59 of 1972.3. the deceased is the brother of the two accused and .....

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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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