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Judgment Search Results Home > Cases Phrase: mediation Sorted by: recent Court: us supreme court Year: 1953 Page 1 of about 53 results (0.056 seconds)

Mar 16 1953 (FN)

Heikkila Vs. Barber

Court : US Supreme Court

Decided on : Mar-16-1953

..... history 311, 325. [ footnote 8 ] ludecke v. watkins, 335 u. s. 160 (1948); american federation of labor v. labor board, 308 u. s. 401 (1940); switchmen's union v. national mediation board, 320 u. s. 297 (1943); stark v. wickard, 321 u. s. 288 (1944). [ footnote 9 ] the senate committee said, "the last [finality] provision, while new in this particular location .....

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Dec 08 1953 (SC)

Chilukuri Venkateswarlu Vs. Chilukuri Venkatanarayana

Court : Supreme Court of India

Decided on : Dec-08-1953

Reported in : AIR1954SC176; (1954)IMLJ152(SC); [1954]1SCR424

..... separation agreement. such an inference not only goes against the tenor or the express terms of the documents but is not borne out even by the evidence of the mediators through whose mediation the documents were brought into being or of the persons who were admittedly present at the time when the documents were executed and signed the same as attesting witness ..... , says in his deposition that the documents were read over to the executant and be executed them after consenting to the recitals, p.w. 5, who was one of the mediators, says that defendant no. 2 used to live in the mud-terraced house after compromise. unless there is cogent evidence to the contrary - and apparently there is no such evidence ..... . it appears that, before this application for leave to sue as a pauper was heard by the court, there was an amicable settlement arrived at between the parties through the mediation of certain well-wishers and two documents, namely exs. p-5 and p-6, were executed by and between the parties both on the 28th september, 1942. exhibit p-5 .....

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Oct 26 1953 (SC)

Wali Singh Vs. Sohan Singh

Court : Supreme Court of India

Decided on : Oct-26-1953

Reported in : AIR1954SC263

jagannadhadas, j. 1. this appeal arises out of a suit for declaration that the property, details of which are given in. the plaint, are jointly possessed and owned by the plaintiff and the defendant, the plaintiff owning 3/4th share and defendant 1/4th share. the suit was decreed by the trial court. but on appeal, the high court of punjab reversed the decree. hence the appeal to this court. the facts out of which this litigation arises are as follows:2. the suit properties admittedly belonged to one kahan singh who is the common ancestor of both the parties. the following pedigree shows the relationship:kahan singh|-----------------------------------| |kirpal singh mohar singh| -----------|shiv singh|------------------------- | |wali singh pritam singh(plaintiff) |sohan singh (deft.) the plaintiff, wali singh, son of shiv singh was admittedly adopted by kirpal singh. the-dates of birth and adoption of wali singh were both matters in dispute in the suit. but it was found by the trial court that wali singh was born on 2-3-1904, during the life-time of kahan singh and that he was adopted on 24-8-1918, long after kahan singh's death which occurred on 12-11-1906. these findings have been accepted by the appellate court and are no longer in dispute before us. kahan singh left him surviving only one of his sons, kirpal singh and two great-grandsons, wali singh and pritam singh, sons of shiv singh. both mohar singh and shiv singh predeceased him.on kahan singh's death there was .....

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Oct 09 1953 (SC)

Commissioner of Income-tax Vs. Kikabhai Premchand

Court : Supreme Court of India

Decided on : Oct-09-1953

Reported in : [1953]24ITR506(SC)

bose, j.1. this is an appeal by an assessee against a judgment and order of the high court at bombay delivered on a reference made by the income-tax appellate tribunal. the bombay high court refused leave to appeal but the assessee obtained special leave from this court.2. the appellant deals in silver and shares and a substantial part of his holding is kept in silver bullion and shares. his business is run and owned by himself. his accounts are maintained according to the mercantile system. it is admitted that under this system stocks can be valued in one of two ways and provided there is no variation in the method from year to year without the sanction of the income-tax authorities an assessee can choose whichever method, that is to say, the cost price of the stock was wnterred at the beginning of the year and not its market value and similarly the cost price was again entered at the close of the year of any stock which was not disposed of during the yeaar. the entries on the one side of the accounts at the beginning of the year thus balance those on the other in respect of these items with the result that so far as they are concerned the books show neither a profit nor a loss on them. this was the method regularly employed and it is admitted on all hands that this was permissible under this system of accounting.3. the accounting year with which we are concerned is the calendar year 1942. the silver bars and shares lying with the appellant at the beginning of the year were .....

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Jan 23 1953 (SC)

ThakuraIn Raj Rani and ors. Vs. ThakuraIn Dwarka Nath Singh and ors.

Court : Supreme Court of India

Decided on : Jan-23-1953

Reported in : AIR1953SC205; [1953]4SCR913

bhagwati, j. 1. this is an appeal from the judgment and decree passed by the late chief court of oudh, affirming the judgment and decree passed by the civil judge of sitapur, dismissing the plaintiffs' suit. 2. one, thakur shankar bux singh, proprietor of the estate known as rampur kelan, situated in district sitapur (oudh) was heavily indebted and the estate had been in the possession of deputy commissioner of sitapur as receiver from 1892 up to 11th july, 1901. thereafter he was declared a disqualified proprietor under the provisions of 8(d)(1) of the u.p. court of wards act (u.p. act iii of 1899) and the court of wards took possession of the estate on the 1st august, 1901. under section 34 of the act he was not competent to dispose his property by will without the consent in writing of the court of wards, though prior to the 1st august, 1901, he had made four successive wills, the last being dated 19th june, 1901, under which he gave his estate absolutely to his wife. on the 30th november, 1901, he made a will giving a life interest to his wife and the remainder over to his cousin ganga bux singh after providing for certain legacies by way of maintenance in favour of his three daughters, his father's sister and his mother. the court of wards withheld its consent to this will which thus fell through. on the 7th january, 1904, ganga bux singh executed in his favour a registered deed of agreement agreeing to pay him rs. 50 per month during his lifetime with effect from the .....

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Dec 14 1953 (FN)

Garner Vs. Teamsters Union

Court : US Supreme Court

Decided on : Dec-14-1953

garner v. teamsters union - 346 u.s. 485 (1953) u.s. supreme court garner v. teamsters union, 346 u.s. 485 (1953) garner v. teamsters union no. 56 argued october 20-21, 1953 decided december 14, 1953 346 u.s. 485 certiorari to the supreme court of pennsylvania, middle district syllabus petitioners were engaged in pennsylvania in an interstate trucking business. only a small minority of its employees were members of respondent union. no labor dispute or strike was in progress, and petitioners had not objected to their employees joining the union. respondents kept two pickets at petitioners' loading platform, to coerce petitioners into compelling or influencing their employees to join the union. the picketing was peaceful, but petitioners' business fell off 95% because employees of other carriers refused to cross the picket line. held: petitioners' grievance was within the jurisdiction of the national labor relations board to prevent unfair labor practices under the labor management relations act, and was not subject to relief by injunction in the state courts. pp. 346 u. s. 486 -491. (a) the national labor relations board was vested with power to entertain petitioners' grievance, to issue its own complaint against respondents, and, pending final hearing, to seek from a federal district court an injunction to prevent irreparable injury to petitioners. pp. 346 u. s. 488 -491. (b) the same considerations which prohibit federal courts from intervening in such cases, except by way .....

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Dec 07 1953 (FN)

Wilko Vs. Swan

Court : US Supreme Court

Decided on : Dec-07-1953

wilko v. swan - 346 u.s. 427 (1953) u.s. supreme court wilko v. swan, 346 u.s. 427 (1953) wilko v. swan no. 39 argued october 21, 1953 decided december 7, 1953 346 u.s. 427 certiorari to the united states court of appeals for the second circuit syllabus in an action brought by a customer against a securities brokerage firm to recover damages, under the civil liabilities provisions of 12(2) of the securities act of 1933, for alleged misrepresentation in the sale of securities, held that an agreement for arbitration of any controversy arising in the future between the parties was void under 14, notwithstanding the provisions of the united states arbitration act. pp. 346 u. s. 428 -438. (a) the agreement to arbitrate future controversies was void under 14 of the securities act as a "stipulation" binding the customer to "waive compliance" with a "provision" of the act. pp. 346 u. s. 432 -435. (b) the right of an aggrieved person under 22(a) to select the judicial forum is a "provision" of the securities act that cannot be waived under 14 thereof. pp. 346 u. s. 434 -438. (c) as the protective provisions of the securities act require the exercise of judicial direction to fairly assure their effectiveness, congress must have intended 14 to apply to waiver of judicial trial and review. p. 346 u. s. 437 . 201 f.2d 439, reversed. petitioner sued respondents to recover damages under the securities act of 1933. respondents' motion to stay the action, pursuant to 3 of the united states .....

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Nov 30 1953 (FN)

Bankers Life and Cas. Co. Vs. Holland

Court : US Supreme Court

Decided on : Nov-30-1953

bankers life & cas. co. v. holland - 346 u.s. 379 (1953) u.s. supreme court bankers life & cas. co. v. holland, 346 u.s. 379 (1953) bankers life & cas. co. v. holland no. 16 argued october 12-13, 1953 decided november 30, 1953 346 u.s. 379 certiorari to the united states court of appeals for the fifth circuit syllabus in the circumstances of this case, mandamus against a federal district judge was not an appropriate remedy to vacate a severance and transfer order entered by him under 28 u.s.c. 1406(a) on the ground of improper venue. pp. 346 u. s. 379 -385. (a) the supplementary review power conferred on federal courts by the all writs act is meant to be used only in exceptional cases where there is a clear abuse of discretion or usurpation of judicial power, and this is not such a case. pp. 346 u. s. 382 -383. (b) use of the writ of mandamus was not appropriate in this case to prevent alleged inconvenience and hardship occasioned by an appeal's being delayed until after final judgment. pp. 346 u. s. 383 -384. (c) petitioner has not met the burden of showing that its right to issuance of the writ is "clear and indisputable." p. 346 u. s. 384 . 199 f.2d 593 affirmed. mr. justice clark delivered the opinion of the court. the question here is whether mandamus is an appropriate remedy to vacate a severance and transfer order entered by a district judge, on the ground of improper venue, under 28 u.s.c. 1406(a). [ footnote 1 ] page 346 u. s. 380 this case arises out of a treble .....

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Nov 16 1953 (FN)

Arkansas Vs. Texas

Court : US Supreme Court

Decided on : Nov-16-1953

arkansas v. texas - 346 u.s. 368 (1953) u.s. supreme court arkansas v. texas, 346 u.s. 368 (1953) arkansas v. texas no. ___, original argued october 21, 1953 decided november 16, 1953 346 u.s. 368 on motion for leave to file a complaint syllabus invoking the original jurisdiction of this court under art. iii, 2, of the constitution, arkansas filed a motion for leave to file a complaint against texas. the complaint alleged that the university of arkansas entered into a contract with a texas charitable corporation whereby the corporation agreed to contribute money to the construction of a floor in a new hospital in the arkansas state medical center; that, though the corporation is willing to perform, texas has filed suit in the texas courts to enjoin it on the ground that, under texas law, its funds must be expended for the benefit of residents of texas, and that the university has let contracts for the construction of the hospital, now partially completed, but is without funds to proceed further unless texas is enjoined from interfering. held: 1. the corporation is not an indispensable party to the suit. pp. 346 u. s. 369 -370. 2. the controversy is between two states, since the arkansas is the real party in interest in the contract with the texas corporation and the complaint alleges that texas is unlawfully interfering with its performance. pp. 346 u. s. 370 -371. page 346 u. s. 369 mr. justice douglas delivered the opinion of the court. this is a motion by arkansas to file .....

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Nov 09 1953 (FN)

Olberding Vs. Illinois Central R. Co., Inc.

Court : US Supreme Court

Decided on : Nov-09-1953

olberding v. illinois central r. co., inc. - 346 u.s. 338 (1953) u.s. supreme court olberding v. illinois central r. co., inc., 346 u.s. 338 (1953) olberding v. illinois central railroad co., inc. no. 27 argued october 15, 1953 decided november 9, 1953 346 u.s. 338 certiorari to the united states court of appeals for the sixth circuit syllabus basing jurisdiction solely on diversity of citizenship, an illinois railroad corporation brought suit in a federal district court in kentucky against an indiana owner of a truck which, while on temporary business in kentucky, collided with an overpass of the railroad, causing a derailment. the defendant was apprised of the action through service of process on the secretary of state of kentucky, in accordance with a kentucky statute. the kentucky statute did not require the designation of an agent for the service of process, and the defendant had made no such designation. held: under 28 u.s.c. 1391(a), the defendant's motion that the case be dismissed on the ground of improper venue should have been granted. pp. 346 u. s. 339 -342. (a) the defendant did not impliedly consent to be sued in a federal court in kentucky simply by driving his motor vehicle on the highways of that state. pp. 346 u. s. 340 -341. (b) the fact that a nonresident motorist who comes into kentucky can, consistent with the due process clause of the fourteenth amendment, be subjected to suit in the appropriate kentucky state court is irrelevant to his rights under 28 .....

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