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Judgment Search Results Home > Cases Phrase: mediation Year: 1964 Page 1 of about 469 results (0.017 seconds)

Aug 17 1964 (HC)

HussaIn Banu W/O Ibrahim Rangrez Vs. Shivnarayan S/O Kesrimal Mahajan ...

Court : Madhya Pradesh

Decided on : Aug-17-1964

Reported in : AIR1966MP307

..... any will or similar disposition in his favour.the plaintiff being the only heir of khudabax there were differences between her and shafi mohommad which however, were settled by mediation:- i say 'mediation' though at places in the evidence and the judgment the word 'arbitration' has been used, because the resultant disposal was by a document to which the plaintiff and shafi ..... good faith and reasonable care these are borne out by his taking possession of the document d/1, and learning from all the persons concerned that as a result of mediation this was executed, and that the plaintiff on the one hand relinquished her right in the houses and the transferor shafi mohommad on the other gave up the movable properties .....

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Aug 28 1964 (HC)

Jobanputra (B.K.) Vs. Kalelkar (B.S.)

Court : Mumbai

Decided on : Aug-28-1964

Reported in : (1965)ILLJ543Bom; 1965MhLJ190

..... within the first part of the definition. section 4, which relates to the appointment of a conciliation officer, lays down that the conciliation officer is 'charged with the duty of mediating in and promoting the settlement of industrial dispute.' 24. the word 'promoting' indicates that the conciliation officer is expected to play an active role in bringing about a settlement. section ..... is reached by the parties to the dispute with a free consent. the conciliation officer has no power to effect a settlement if the parties do not agree, and, therefore, mediation or intervention of the conciliation officer by itself may not have the effect of altering the original character of the settlement. still the question remain whether, having regard to all ..... government and the conciliation officer. it would be seen that the settlements which are arrived at in the course of conciliation proceedings are those which are arrived at with the mediation of the conciliation officer and which are in the opinion of the conciliator the right settlement. the statute casts a duty on the conciliation officer to take steps immediately he ..... by notification such number of persons, as it thinks fit, to be conciliation officers. these conciliation officers are, under sub-section (1) of s. 4, 'changed with the duty of mediating in and promoting the settlement of industrial disputes.' chapter iv of the act relates to the procedure, powers and duties of authorities appointed under the act, and it consists of .....

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Aug 28 1964 (HC)

B.K. Jobanputra and ors. Vs. B.S. Kalekar and ors.

Court : Mumbai

Decided on : Aug-28-1964

Reported in : AIR1965Bom146; (1965)67BOMLR1; [1965(10)FLR104]; ILR1965Bom239

..... conciliation officer has no power to effect a settlement if the parties do not agree and, therefore, mediation or intervention of the conciliation officer by itself may not have the effect of altering the original character of the settlement. still the question remains whether, ..... it is also true that a settlement is reached as a result of the mediation and at the persuasion of the conciliation officer. nonetheless, the agreement reached is reached by the parties to the dispute with a free consent. the ..... that had agreed to the settlement on the due the dispute arose. it is true that a mere fact that the settlement is reached with the mediation of the conciliation officer by itself may not have the effect of altering the character of the settlement if it was, in fact, a contract. ..... . it would be seen that the settlements which are arrived at in the course of conciliation proceedings are those which are arrived at with the mediation of the conciliation office and which are in the opinion of the conciliator the right settlement. the statue casts a duty on the conciliation officer ..... as it thinks fit, to be conciliation officer, these conciliation officer are under sub-section (1) of s. 4. 'charged with the duty of mediating in and promoting the settlement of industrial disputes'. chapter iv of the act relates to the procedure, powers and duties of authorities appointed under the act, and .....

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Jan 06 1964 (FN)

Carey Vs. Westinghouse Elec. Corp.

Court : US Supreme Court

Decided on : Jan-06-1964

..... be the desirable method for settlement of grievance disputes arising over the application or interpretation of an existing collective bargaining agreement. the service is directed to make its conciliation and mediation services available in the settlement of such grievance disputes only as a last resort and in exceptional cases." 61 stat. 154, 29 u.s.c. 173(d). [ footnote 5 ] senator ..... , 137 n.l.r.b. 1753, 1757. section 201 of the labor management relations act of 1947 declares the national policy to be the use of governmental facilities for conciliation, mediation, and voluntary arbitration of disputes between employers and employees. 61 stat. 152, 29 u.s.c. 171(b). section 203(d) provides: "final adjustment by a method agreed upon by .....

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Aug 12 1964 (HC)

Edamma Vs. Hussainappa

Court : Andhra Pradesh

Decided on : Aug-12-1964

Reported in : AIR1965AP455; 1965CriLJ712

..... between the parties and he has referred to the evidence of r. ws. 2, 4 and 7 whom he found to be respectable witnesses who had taken part in the mediation, but, in regard to r. w. 7, the observation of the magistrate is that his previous statement and, as observed above, the document said to have been signed by him .....

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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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Sep 18 1964 (HC)

P.M. Murugappa Mudaliar Rathina Mudaliar and Sons (by M. Muniswami, Pa ...

Court : Karnataka

Decided on : Sep-18-1964

Reported in : (1965)ILLJ489Kant; (1965)2MysLJ73

..... and services essential to the life of the community or of employment. the act is based on the necessity achieving collective amity between labour and capital by means of conciliation, mediation and adjudication. the object of the act is the prevention of industrial strike, strikes and lockouts and the promotion of industrial peace and not to take the place of ordinary .....

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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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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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Sep 08 1964 (HC)

Public Prosecutor Vs. V. Nagabhushanam

Court : Andhra Pradesh

Decided on : Sep-08-1964

Reported in : AIR1965AP118; 1965CriLJ420

..... balance. the tin had a label on it with the words 'silver clear coconut oil' an it was kept in the shop for sale, p. w. 1 called in two mediators, medapati venkatareddi and ganham venkateswara rao - the former of whom has been examined as p. w. 2 - and in their presence, service a notice (ex. ). 1) on the respondent to ..... that he had served the notice ex. p. 1 on the respondent before paying the price. he knew the suggestion that p. w. 2 first refused to serve as a mediator and came only after he was threatened by p. w. 1 that a notice would be served on him compelling him to figure as a ..... venkateswara rao was in police service but the service did not know if he had been removed from service. the witness called the mediators inside the ship when they were passing along the road. there were no customers in the shop at that time. the respondent sells fancy goods like locks. the witness did ..... and entrusted the third bottle to the panchayat. all this was done in the presence of the mediators and the mediator's report, ex. p-3 was drawn up then and there evidencing all that was done. the mediator's report was attested by both the mediators, p. w. 1 seized the tine m. o. 1 containing the rest of the coconut oil, sealed .....

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