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Judgment Search Results Home > Cases Phrase: mediation Sorted by: recent Court: supreme court of india Year: 1964 Page 1 of about 56 results (0.174 seconds)

Oct 06 1964 (SC)

Commissioner of Income-tax, Punjab Vs. R.D. Aggarwal and Company

Court : Supreme Court of India

Decided on : Oct-06-1964

Reported in : AIR1965SC1526; [1965]56ITR20(SC); [1965]1SCR660

..... 'conforming to their general terms of sales', and were to receive 2 1/2 per cent commission on the net cash amounts arising from the accepted business 'concluded by the mediation' of the assessees or directly by the italian company with the customers. the belgian company appointed the assessees their representatives for the whole of india on condition that the latter .....

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Aug 28 1964 (SC)

Mallappa Basappa Desai Vs. Mallappa Veerabhadrappa Desai and ors.

Court : Supreme Court of India

Decided on : Aug-28-1964

Reported in : AIR1965SC658; [1965]1SCR168

gajendragadkar, c.j. 1. the short question which this appeal raises for our decision is in relation to the construction of rule 9 of bombay regulation viii of 1827. purporting to act under the said rule the learned additional district judge at bijapur has order that the dy. commissioner of bijapur district be appointed the administrator for the management of the estate of deceased kashibai sangappa gadigappa desai who died on the 1st january, 1958. according to this direction, the administrator has to manage the estate of the said deceased kashibai including the scheduled property, both movable and immovable, until the right of succession is determined by a competent court of law. the appellant mallappa basappa desai challenged the propriety and the validity of this order by moving the mysore high court in its revisional jurisdiction under section 115 of the code of civil procedure. the high court was, however, satisfied that there was no ground to interfere with the order passed by the learned additional district judge. against this decision the appellant has come to this court by special leave; and on his behalf, mr. pathak has urged that the impugned order is not justified by the terms of r. 9. that is how the only question which we have to decide in the present case is about the construction of r. 9. 2. it appears that sangappa gadigappa desai was the last male holder of the desgat properties with which the present proceedings are concerned. these properties are extensive .....

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Jan 21 1964 (SC)

Som Chand Sanghvi Vs. Bibhuti Bhusan Chakravarty

Court : Supreme Court of India

Decided on : Jan-21-1964

Reported in : AIR1965SC588; 1965CriLJ499; [1964]6SCR275

mudholkar, j.1. this is an appeal against the judgment of the calcutta high courtquashing the issue of process against the respondent. 2. the respondent is an assistant commissioner of police in the city ofcalcutta and the appellant had made a complaint against him alleging that hehad committed an offence under s. 348, i.p.c. that is, wrongful confinement inorder to extort a confession or compel restoration of property. 3. the fact as alleged by the appellant are as follows : one manoharlal seth had lodged a complaint on july 28,1960 against him and two other persons fatehlal and jaichand for offences unders. 120b/420, i.p.c. and s. 420 i.p.c. manoharlal seth had alleged in hiscomplaint that these persons had induced him to purchase a bar of brass for rs.6,000 on the representation that it was of gold and thus duped him. upon thiscomplaint, investigation was taken up by the police. he came to know manoharlalseth in the course of his business. they were on quite friendly terms in thebeginning and later on considerable differences arose between him andmanoharlal seth. as a result of that manoharlal seth told him that unless hesettled his differences with manoharlal seth according to the latter's dictateshe would put him into trouble through his friend, the respondent, and that itis because of this that manoharlal lodged a complaint against him for cheating.this complaint was thus a false complaint and it is common ground thatultimately it was dismissed by the presidency .....

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Apr 17 1964 (SC)

Amba Prasad Vs. Abdul Noor Khan and ors.

Court : Supreme Court of India

Decided on : Apr-17-1964

Reported in : AIR1965SC54; [1964]7SCR800

..... he is entitled to regain possession in spite of any order or decree to the contrary. the word 'occupant' thus signifies occupancy and enjoyment. mediate possession, (except where the immediate possessor holds on behalf of the mediate possessor) is of no consequence. in this way even persons who got into occupation when lands were abandoned get recognition. the section eliminates inquiries into .....

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Apr 10 1964 (SC)

Ben Gorm Nilgiri Plantations Company, Coonoor and ors. Vs. Sales Tax O ...

Court : Supreme Court of India

Decided on : Apr-10-1964

Reported in : AIR1964SC1752; [1964]7SCR706; [1964]15STC753(SC)

..... be answered is therefore whether the sales now under consideration do not form part and parcel of a single integrated transaction with the export or are they distinct, distant and mediate, the sale and the export being related to each other only in sense of one leading to the other or the one succeeding the other merely in point of time .....

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Jan 13 1964 (SC)

Suraj Ratan Thirani and ors. Vs. the Azamabad Tea Co. and ors.

Court : Supreme Court of India

Decided on : Jan-13-1964

Reported in : AIR1965SC295; [1964]6SCR192

..... in court on the date fixed for trial. the only othermatter to be mentioned is that the plaintiffs have, by their purchases,acquired from the several co-heirs, directly or mediately, the entire 16 as.share in the property assuming that their vendors had any such right. armedwith these purchases the plaintiffs filed this suit for the reliefs alreadyindicated. 11. the .....

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Oct 01 1964 (SC)

Commissioner of Income-tax, Madras Vs. Andhra Chamber of Commerce

Court : Supreme Court of India

Decided on : Oct-01-1964

Reported in : AIR1965SC1281; [1965]55ITR722(SC); [1965]1SCR565

shah j. 1. the andhra chamber of commerce - hereinafter called 'the assessee' - is a company incorporated under the indian companies act 7 of 1913. the assessee was permitted under section 26 of the act to omit the word 'limited' from its name by order of the government of madras. 2. the following are the principal objects of the memorandum of association of the assessee : (a) to promote and protect trade, commerce and industries of india, in the province of madras and in particular in the andhra country. (b) to aid, stimulate and promote the development of trade, commerce and industries in india or any part thereof with capital principally provided by indians or under the management of indians. (c) to watch over and protect the general commercial interests of india or any part thereof and the interests of the andhra in particular engaged in trade, commerce or manufacture in india and in particular the andhra desa. (y) to do all such other things as may be conducive to the preservation and extension of trade, commerce, industries and manufactures or incidental to the attainment of the above objects or any of them. 3. clauses (d) to (x) are incidental to the principal objects. 4. by clause 4 of the memorandum of association it was provided that the income and property of the assessee shall be applied solely towards the promotion of its objects as set forth therein and no portion thereof shall be paid or transferred, directly or indirectly, by way of dividends, bonuses or .....

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Sep 30 1964 (SC)

isher Singh Vs. Sarwan Singh and ors.

Court : Supreme Court of India

Decided on : Sep-30-1964

Reported in : AIR1965SC948

n. rajagopala ayyangar, j.1. a very short point whether a finding in a previous suit between the same parties on the issue relating to the relationship of the respondent to the deceased owner *(see second appeal no. 249 of 1957 dated 3-5-1960 -- punjab.) of the suit property is or is not res judicata in the suit out of which this appeal arises, is the only question for consideration in this appeal by special leave.2. the original owner of the suit-properties which consist of agricultural land measuring about 66 bighas and odd in the village kotla and a kutcha house in the same village and another extent of 13 bighas and odd of land in neighbouring village, was one jati who died childless on may 20, 195.1, his widow also having pre-deceased him. the respondents sarwan singh and three others claimed to be the collaterals of the deceased and his nearest heirs. soon after the death of jati the appellant isher singh, who put forward a claim based on an oral will by the deceased jati, managed to obtain possession of the properties. the respondents made applications to the revenue authorities for mutation in their favour and they secured favourable orders on these petitions ignoring the appellant's claim under the oral will which he set up. as the mutation proceedings, however, did not conclusively determine the title of the parties to the properties ishar singh challenged the right of the respondents by filing a suit against them in the court of sub judge, second class, rajpura, on .....

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Aug 24 1964 (SC)

idol of Thakurji Shri Govind Deoji Maharaj Vs. Board of Revenue, Rajas ...

Court : Supreme Court of India

Decided on : Aug-24-1964

Reported in : AIR1965SC906; [1965]1SCR96

gajendragadkar, c.j.1. the short point of law which arises in this appeal is whether under rule 5 of the jaipur matmi rules, 1945, the appellant, the idol of thakurji shri govind deoji maharaj, is liable to pay the matmi amount in question. it appears that respondent no. 1, the board of revenue, had passed an order on november 6, 1956, directing that the matalaba matmi amounting to rs. 15,404/14/6 be recovered from the shebait of the appellant temple. the appellant disputed the validity of this order and filed a writ petition (no. 10 of 1957) in the high court of rajasthan contending that the said amount was not recoverable from the appellant. the high court has dismissed this writ petition and the appellant has come to this court with a certificate granted by the high court. 2. in its petition, the case for the appellant was that several lands had been granted to the appellant from time to time and that these grants were made in the name of the idol, and that the seva pooja of the idol and the management of its properties was entrusted to the goswami ever since the idol of thakurji shri govind deoji maharaj was taken to jaipur from brindaban. on the death of the ninth shebait, goswami shri krishna chandra succeeded to the shebaitship in 1888 and continued to be in management as such shebait until 1935. on his death, his eldest son goswami bhola nath succeeded and seva pooja was looked after by him during his lifetime. on the death of goswami bhola nath in 1945, his eldest .....

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Mar 03 1964 (SC)

C. Rajagopalachari Vs. Corporation of Madras

Court : Supreme Court of India

Decided on : Mar-03-1964

Reported in : AIR1964SC1172; [1964]53ITR454(SC); 1964(0)KLT898(SC); [1964]6SCR962

ayyangar, j.1. this appeal comes before us by virtue of a certificate of fitness granted by the high court of madras under art. 133(1)(c) of the constitution against its judgment dismissing a petition filed by the appellant under art. 226 of the constitution seeking a writ of prohibition against the corporation of madras challenging the constitutional validity of a notice requiring the appellant to pay profession tax. 2.the appellant held office as the last governor-general of india. under s. 3 of central act xxx of 1951 the appellant is entitled to a pension of rs. 15,000/- per annum and has been drawing this sum residing in the city of madras. the corporation of madras - the first respondent before us demanded profession tax from the appellant under s. 111(1)(b) of the city municipal act, 1919 hereinafter called the act for the year 1958-59 on the ground of the appellant's residence within the city for the period therein specified and his drawing the pension to which he was entitled. the appellant addressed a communication to the corporation asserting that this demand was illegal as the corporation was empowered by the relevant constitutional provisions merely to levy a tax 'on a profession, trade, calling or employment' and that as he as a pensioner did not fall under any of these classes, the said demand was illegal. the authorities of the corporation, however, insisted on compliance with the demand on the ground that under the express terms of the act persons in receipt .....

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