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Judgment Search Results Home > Cases Phrase: mediation Sorted by: recent Court: supreme court of india Year: 1978 Page 1 of about 76 results (0.072 seconds)

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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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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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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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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Jan 25 1978 (SC)

Mrs. Maneka Gandhi Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Decided on : Jan-25-1978

Reported in : AIR1978SC597; (1978)1SCC248; [1978]2SCR621

..... , and at all times : no human laws are of any validity, if contrary to this; and such of them as are valid derive, all their force and all their authority, mediately or immediately, from this original.17. the identification of natural law with divine will or dictates of god may have, quite understandably, vanished at a time when men see god .....

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Oct 18 1978 (SC)

Ram Adhar Vs. State of U.P.

Court : Supreme Court of India

Decided on : Oct-18-1978

Reported in : AIR1979SC702; 1980CriLJ817; (1979)3SCC774; 1979(11)LC139(SC)

v.d. tulzapurkar, j.1. the appellant-accused was sentenced to death by the second temporary civil and sessions judge, kanpur under section 302 ipc for committing the murder of his uncle phool ghand in sessions case no. 279 of 1972 on november 25, 1972, which conviction and sentence were confirmed by the allahabad high court in criminal appeal no. 3336 of 1972 and reference case no. 128 of 1972. he has challenged his said conviction and sentence in this appeal by special leave granted on december 2, 1975. 2. the incident during the course of which phool chand was assaulted by the appellant-accused with a 'karauli' inflicting numerous injuries is said to have taken place on march 16, 1972, at about 6.00 p.m. in the 8 biswa field of phool chand in village bhagwantpur and the motive for the assault was property dispute. briefly stated the prosecution case was that deceased phool chand, whose only daughter had died some 16/17 years ago, had brought his son-in-law salig ram and three grand sons babu, chote lal and raghuraj (pw 1) to his village bhagwantpur and they were living with him. about 10 months prior to the occurrence phool ghand had executed a gift deed (ex. ka-27) in respect of his l/3rd separated share in the ancestral lands (admeasuring 111/2 bighas) in favour of smt. rajeshwar widow of babu (who had in the mean time died), chote lal and raghuraj (pw 1), this was not relished by the appellant-accused and his brother mahadev (nephews of phool chand. after the execution .....

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Oct 04 1978 (SC)

Atlas Cycle Industries Ltd. and ors. Vs. the State of Haryana

Court : Supreme Court of India

Decided on : Oct-04-1978

Reported in : AIR1979SC1149a; 1979CriLJ927a; (1979)2SCC196a; [1979]1SCR1070

jaswant singh, j.1. during the course of on spot check carried out by him on december 29, 1964 of b.p. sheets lying in appellant no. i's factory at sonepat, the development officer (lme-1) of the directorate general of technical development, new delhi, discovered from an examination of the said appellant's account books that it had during the period intervening between january 1, 1964 and january 12, 1965, acquired black plain iron sheets of prime quality weighing 60.03 metric tons from various parties at a rate higher than the maximum statutory price fixed for such sheets by the iron and steel controller (hereinafter referred to as 'the controller') in exercise of the powers vested in him under clause 15(1) of the iron and steel (control) order, 1956 (hereinafter referred to as 'the control order. after the special magistrate had framed the charges and secured in the court of the special magistrate, ambala cantt. for an offence under section 120b of the indian penal code read with section 7 of the essential commodities act, 1955 (act no. 10 of 1955) (hereinafter referred to as 'the act') as also for an offence under section 7 of the act read with clause 15(3) of the control order. after the special magistrate had framed the charges and examined sixteen prosecution witnesses, the appellants made an application before him on february 12, 1970 under section 251a(11) and 288(1) of the crpc, 1898 praying that in view of the submissions made therein, the case against them be not .....

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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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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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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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