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Judgment Search Results Home > Cases Phrase: mediation Sorted by: recent Court: supreme court of india Year: 1955 Page 2 of about 22 results (0.094 seconds)

Oct 04 1955 (SC)

The State of Bombay Vs. Ali Gulshan

Court : Supreme Court of India

Decided on : Oct-04-1955

Reported in : AIR1955SC810; (1956)58BOMLR490; [1955]2SCR867

chandrasekhara aiyar, j. 1. was the government of bombay entitled, under clause (a) of sub-section (4) of section 6 of the bombay land requisition act, 1948 (bombay act xxxiii of 1948), to requisition, as for a public purpose, certain premises for 'housing a member of the staff of a foreign consulate' , is the question we have to consider in this appeal, which has arisen out of a writ petition filed under article 226 of the constitution by the respondent in the bombay high court to restrain the state of bombay from taking such action. 2. on the hearing of the petition before tendolkar, j., the state succeeded on the ground that the purpose for which the requisition was made was a 'public purpose' within the meaning of the act. but, on appeal, it was held that though the requisition was for a public purpose, the requisition order was invalid, as the public purpose must be either a purpose of the union, or a purpose of the state and in this particular case the accommodation being required for housing a member of a foreign consular staff was a union purpose, which was outside the scope of the powers of the state. 3. clause (a) of sub-section (4) of section 6, omitting portions unnecessary for our present purposes, runs in these terms :- 'the state government may, by order in writing, requisition the premises for the purpose of a state or any other public purpose, and may use or deal with the premises for any such purpose in such manner as may appear to it to be expedient'. 4. .....

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Apr 18 1955 (SC)

Chatturam Horilram Ltd. Vs. Commissioner of Income Tax, Bihar and Oris ...

Court : Supreme Court of India

Decided on : Apr-18-1955

Reported in : AIR1955SC619; [1955]27ITR709(SC); [1955]2SCR290

jagannadhadas, j. 1. this is an appeal by the assessee on leave granted under section 66-a of the indian income-tax act. the assessee by name chatturam horilram ltd., who is the appellant before us, is a private limited company carrying on in chota nagpur the business of exporting mica for sale to foreign countries. the assessment in question is for the year 1939-40 and the accounting year is the calendar year 1938. these proceedings were initiated on a notice issued to the assessee under section 34 of the indian income-tax act, 1922, (act xi of 1922) (hereinafter referred to as the act). it is the applicability of this section to the facts of this case that is the sole matter for consideration in this appeal. the circumstances under which the above mentioned notice under section 34 was issued are as follows. the appellant had previously been assessed to tax on an income of rs. 1,09,200 for the same year 1939-40 by an order dated the 22nd december, 1939, which was reduced on appeal by rs. 31,315. that assessment was set aside by the income-tax appellate tribunal on the 28th march, 1942, on the ground that the indian finance act of 1939 was not in force during the assessment year 1939-40 in chota nagpur, which was a partially excluded area. on a reference by the tribunal at the instance of the income-tax authorities, the high court of patna agreed with this view and pronounced on the 30th september, 1943, its judgment confirming the setting aside of the assessment. meanwhile, .....

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Apr 15 1955 (SC)

Thakur Amar Singhji Vs. State of Rajasthan

Court : Supreme Court of India

Decided on : Apr-15-1955

Reported in : AIR1955SC504; [1955]2SCR303

..... of the treaty was the resumption of the lands usurped by the nobles, and the reduction of the nobles to their proper relation of subordination to the maharaja. through the mediation of sri david ochterlony agreements were entered into in 1819 similar to those made at udaipur. the usurped lands were restored to the maharajah and the nobles were guaranteed in ..... that there was a dispute between rawat himmat singhji the then holder of the estate, and the maharajah of udaipur, and that it was settled in march 1855 through the mediation of the then agent to the government, sir m. montgomery, and that under the terms of the settlement, the tikana was recognised as the exclusive property of the holder. the .....

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Apr 12 1955 (SC)

Rai Sahib Ram Jawaya Kapur and ors. Vs. the State of Punjab

Court : Supreme Court of India

Decided on : Apr-12-1955

Reported in : AIR1955SC549; [1955]2SCR225

mukherjea, c.j.1. this is a petition under article 32 of the constitution, preferred by six persons, who purport to carry on the business of preparing, printing publishing and selling text books for different classes in the schools of punjab, particularly for the primary and middle classes, under the name and style 'uttar chand kapur & sons.' it is alleged that the education department of the punjab government has in pursuance of their so-called policy of nationalisation of text books, issued a series of notifications since 1950 regarding the printing, publication and sale of these books which have not only placed unwarrantable restrictions upon the rights of the petitioners to carry on their business but have practically ousted them and other fellow-traders from the business altogether. it is said that no restrictions could be imposed upon the petitioners' right to carry on the trade which is guaranteed under article 19(1)(g) of the constitution by mere executive orders without proper legislation and that the legislation, if any, must conform to the requirements of clause (6) of article 19 of the constitution. accordingly, the petitioners pray for writs in the nature of mandamus directing the punjab government to withdraw the notifications which have affected their rights. 2. to appreciate the contentions that have been raised by the learned counsel who appeared for the parties before us, it will be necessary to narrate certain relevant facts. in the state of punjab, all .....

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Mar 15 1955 (SC)

Dasrath Gond and ors. Vs. State of Orissa

Court : Supreme Court of India

Decided on : Mar-15-1955

Reported in : AIR1955SC583; 1955CriLJ1297

jagannadhadas, j.1. this appeal has been admitted only on the question of sentence. the relevant facts can be gathered from the following extract from the judgment of the high court:'the twelve appellants and seven other persons were placed on trial before the learned sessions judge for an offence under section 302/149, i. p. c. on the allegation that on 25-2-1952 they, in furtherance of their common object, murdered one madan sahu of their village. the motive for the murder was said to be their belief that madan sahu was a pungnia (sorcerer) who was mainly responsible for the prevalence of small pox in the village. the parties belong to village badimal p.s. brajarajnagar, in an interior part of sambalpur district.it appears that in the early part of the year 11952 small pox epidemic was prevalent in a virulent form in the village and the efforts of the villagers to drive away the epidemic with the help of bejis (charmers) proved fruitless. the bejis then informed the villagers that their mantras were all rendered ineffective because one of the villagers was himself a pungnia and was counteracting the effect of their mantras. thereupon the villagers grew alarmed and on 16-1-52 met in a body and executed a document (ex. 8) agreeing to beat any one who was found to be a pungnia.the deceased, some of the appellants and the gaontia of the village signed that document. several other villagers also either signed it or gave their thumb impressions. as the epidemic showed no signs of .....

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Mar 15 1955 (SC)

Bhim Sen Vs. the State of U. P.

Court : Supreme Court of India

Decided on : Mar-15-1955

Reported in : AIR1955SC435; 1955CriLJ1010; [1955]1SCR1444

jagannadhadas, j.1. this is an appeal by leave granted by the high court of allahabad presumable under article 134(1)(c) of the constitution. the facts are simple. three persons including the appellant were, at the material time, parcel porters at the railway station manikpur in the district banda of uttar pradesh. on the night of the 18th june, 1952, they were found by two watchmen of the watch and ward staff attached to the railway station, committing theft of certain packets of biscuits by breaking open a railway parcel containing those packets, which as parcel porters, they had occasion to handle. first information of the same was lodged, before the sub-inspector, railway police, by one ram prasad, head watchman. the railway police filed the charge-sheet under section 379 of the indian penal code on the 20th june, 1952. the case was taken cognizance of by the railway magistrate, manikpur. all the three accused pleaded guilty. they were convicted by the magistrate on the 15th july, 1952, and sentenced to a fine of rs. 25 each. against this conviction the present appellant filed a revision to the sessions judge of banda. it is necessary at this stage to mention that under the u.p. panchayat raj act, 1947, the panchayati adalats in u.p. have criminal jurisdiction in certain matters. the point taken before the sessions judge was that by virtue of the said act, the present case should have been tried by the panchayati adalat and that the railway magistrate had no jurisdiction. .....

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Mar 07 1955 (SC)

Jugalkishore Saraf Vs. Raw Cotton Co. Ltd.

Court : Supreme Court of India

Decided on : Mar-07-1955

Reported in : (1956)58BOMLR517; [1955]1SCR1369

das, j.1. the facts leading up to this appeal are few and simple. two persons named mahomedali habib and sakerkhanoo mahomedali habib used to carry on business as merchants and pucca adatias in bullion and cotton at bombay under the name and style of habib & sons. in 1948 that firm instituted a suit in the bombay city civil court, being summary suit no. 233 of 1948, against the present appellant jugalkishore saraf, a hindu inhabitant carrying on business at bombay, for the recovery of rs. 7,113-7-0 with interest at 6 per cent. per annum said to be due by him to the firm in respect of certain transactions in gold and silver effected by the firm as pucca adatias. on the 7th february, 1949 when that summary suit was still pending a document was executed whereby it was agreed that the two partners would transfer and messrs raw cotton company, limited, (hereinafter called the respondent company) would accept the transfer of, inter alia, all book and other debts due them in connection with their business in bombay and full benefit of all securities for the debts and all other property to which they were entitled in connection with the said business. the respondent company did not take steps under o. xxii, r. 10 of the code of civil procedure to get themselves substituted as plaintiffs in the place and stead of habib & sons, the plaintiffs on record, but allowed the suit to be continued in the name of the original plaintiffs. evidently, the two partners migrated from india to .....

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Feb 23 1955 (SC)

Hans Muller of Nurenburg Vs. Superintendent, Presidency Jail, Calcutta ...

Court : Supreme Court of India

Decided on : Feb-23-1955

Reported in : AIR1955SC367; 1955CriLJ876; [1955]1SCR1284

bose, j.1. the petitioner, hans muller, who is not a citizen of india, and who is said to be a west german subject, was arrested by the calcutta police on the 18th september, 1954 and was placed under preventive detention. the order was made by the west bengal government under section 3(1) of the preventive detention act of 1950 (act iv of 1950) on the ground that his detention was 'with a view to making arrangements for his expulsion from india'. 2. the grounds were served on the 22nd of september, 1954. the second ground runs - 'that you are a foreigner within the meaning of the foreigners act, 1946 (act xxxi of 1946) and that it has become necessary to make arrangements for your expulsion from india and for this purpose you are required to be detained under section 3(1)(b) of the preventive detention act, 1950 until the issue of an appropriate order of expulsion from the central government'. 3. on the day after his arrest, namely on the 19th september, 1954 he wrote to the consul-general of west germany at calcutta saying that he had been arrested and asking for an early interview. this was granted. 4. on the 21st of september 1954, the petitioner wrote to the west bengal government asking it 'to be kind enough to pass an order for our immediate repatriation from india' and 'to do the necessary arrangement for our transmission out of india'. 5. on the 9th of october 1954 the calcutta police handed the petitioner's passport over to the west german consul at the consul's .....

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Feb 03 1955 (SC)

The Automobile Products of India Ltd. Vs. Rukmaji Bala and ors.

Court : Supreme Court of India

Decided on : Feb-03-1955

Reported in : AIR1955SC258; (1955)ILLJ346SC; [1955]1SCR1241

..... for securing and preserving amity and good relations between the employers and workmen. the appropriate government is authorised by section 4 to appoint conciliation officers charged with the duty of mediating in and promoting the settlement of industrial disputes and by section 5 to constitute a board of conciliation for promoting the settlement of industrial disputes. section 6 empowers the appropriate .....

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Jan 27 1955 (SC)

D.P. Joshi Vs. the State of Madhya Bharat and anr.

Court : Supreme Court of India

Decided on : Jan-27-1955

Reported in : AIR1955SC334; [1955]1SCR1215

venkatarama ayyar, j.1. this is a petition under article 32 of the constitution. there is at indore a medical college known as the mahatma gandhi memorial medical college run by the state of madhya bharat. the petitioner who is a resident of delhi was admitted as a student of this college in july 1952, and is now studying in the third year class, m. b. b. s. course. his complaint is that the rules in force in this institution discriminate in the matter of fees between students who are residents of madhya bharat and those who are not, and that the latter have to pay in addition to the tuition fees and charges payable by all the students a sum of rs. 1,500 per annum as capitation fee, and that this is in contravention of articles 14 and 15(1) of the constitution. the petitioner accordingly prays that an appropriate writ might be issued prohibiting the respondent from collecting from him capitation fee for the current year, and directing a refund of rs. 3,000 collected from him as capitation fee for the first two years. 2. the respondent contests the petition. in the affidavit filed on its behalf, it is stated that the institution in question had its origin in private enterprise, and was under the management of a committee; that it was the committee that had made the rule imposing capitation fee on students who did not belong to madhya bharat, that the state took over the college subject to the conditions relating to reservation of seats under which it was being run, and that .....

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