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Judgment Search Results Home > Cases Phrase: mediation Year: 1998 Page 11 of about 1,500 results (0.021 seconds)

Aug 18 1998 (HC)

Rina Sen Vs. Commissioner of Income-tax and ors.

Court : Patna

Decided on : Aug-18-1998

sachchidanand jha, j.1. the proposition raised for consideration on which, it s said, there is no precedent of this court, is straight and simple enough to admit of any doubt or dispute. there may of course be dispute regarding its application in the facts and circumstances of the particular case. the petitioner has been served with a notice issued in terms of section 131(1)(d) of the income-tax act (in short, 'the act'), in the matter of ascertainment of cost of construction of a house by the assistant valuation officer, the income-tax department at the behest of the income-tax officer, ward-iii, ranchi. she seeks quashing of the notice and' a declaration that the proposed investigation is illegal and without jurisdiction principally on the ground that an investigation of the kind can be made only in connection with and during pendency of a proceeding, and inasmuch as no proceeding is pending (or can be initiated) the proposed investigation is an abuse of the process of law and liable to be quashed. the relevant facts are as follows .2. the petitioner purchased four kathas of land being portion of plot no. 1175 at village hesal (aryapuri), ratu road, ranchi, for a consideration of rs. 2,000 on march 6, 1965. she got her name mutated in the revenue records of the state in case no. 786 r-27 of 1965-66 by the circle officer, ranchi. in furtherance of the said order of mutation a correction slip was issued in her name on january 4, 1966, and she was granted rent receipt. on .....

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Sep 01 1998 (HC)

Lalit Sao Vs. Gulam Gilani (Khalifa)

Court : Patna

Decided on : Sep-01-1998

prasun kumar deb, j.1. this appeal has been preferred against the judgment and decree dated 30-4-1988 passed by the then subordinate judge, 1st court, dhanbad, in title suit no. 63 of 1984 by which the plaintiff-respondent's suit has been decreed for declaration of title in respect of the suit land and also for confirmation of possession. against this judgment and decree, previously, appeal was preferred choosing wrong forum before the district judge, dhanbad, being title appeal no. 36 of 1988 but as the jurisdiction was not there with the district judge, the memorandum of appeal was returned and then the present appeal has been filed.2. the plaintiff-respondent filed the above-mentioned suit for declaration of title, confirmation of possession and alternatively for a decree of recovery of possession, if during the pendency of the suit it was found that the plaintiff was dispossessed from the suit premises. the tracing of title of the plaintiff was made in the following manner:the suit property along with others measuring 2 bighas 12 chhataks 7 dhurs and 8 sq. ft. by the then manbhoom district board in favour of one mithu mistry for an yearly rent of rs. 20/- per bigha. the said settlement was made vide ext. 1/a, a registered deed of settlement dated 23-1-1934 out of which mithu mistry settled schedule a land measuring 12 kathas appertaining to t.b. plot no. 3, survey plot no. 266 khata no. 165 to his grand mother jaibun nisha vide registered deed ext. 4. according to the .....

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Mar 11 1998 (HC)

Uma Shankar Sahay Vs. State of Bihar and anr.

Court : Patna

Decided on : Mar-11-1998

indu prabha singh, j.1. this application, under section 397 of the code of criminal procedure, 1973 (in short the 'code') is directed against the order dated 27-5-1991 passed by shri d.r. roy, judicial magistrate 1st class, nawadah in complaint case no. 14/88/tr. no. 554/91 by which the learned judicial magistrate; on a petition filed under section 319 of the code; ordered for the issue of process against the petitioner for the alleged offences under sections 465, 467, 468, 471 and 120b of the indian penal code.2. it appears that the complainant, janki devi (o.p. no. 2) filed a complaint petition before the chief judicial magistrate on 11-1-1988 alleging therein that the accused persons including the present petitioner entered into a criminal conspiracy and created a forged and fabricated document purported to be the certified copy of the order passed by the settlement officer under section 106 of the bihar tenancy act in t.s. nos. 58/80 and 58(a)/80 to the effect that khata nos. 91 and 263 were entered into the khatiyan of kunti devi who was also named as an accused in the complaint petition. the allegation against the petitioner was that; he, in the capacity of head assistant in the record room of the collectorate, nawadah; issued the purported certified copy of the aforesaid forged order certifying it to be genuine. it was further alleged that the accused persons of the said case were using the aforesaid document as a genuine document. they produced it before anchal .....

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Nov 18 1998 (HC)

Kirit Somaiya and Others Vs. Security and Exchange Board of India and ...

Court : Mumbai

Decided on : Nov-18-1998

Reported in : 1999(1)ALLMR20; 1999(1)BomCR420

orderm.b. shah, c.j.1. heard the learned counsel for the parties.2. the present petition has been filed, in public interest, seeking protection of the interest of several thousands of depositors and investors who have invested their funds in collective investment schemes and other schemes floated by plantation companies promising unreasonably high returns on their investments. one of the prayers which is sought in the petition is that the state government be directed to forthwith promulgate an investor protection act as was done by the state governments of tamil nadu and goa.3. it is the contention of the petitioners that there are approximately3,599 plantation companies which have succeeded in attracting depositsand/or funds to the extent of approximately 25,000 crores. the petitionershave furnished instances of at least 5 plantation companies which, afterpromising unconscionably high returns, and after collecting large amount offunds from the depositors, are either not holding plots of land or have issuedpost-dated cheques which have bounced or have diverted a large portion of therevenue generated into non-agricultural use and unproductive activities.4. respondent no.1, viz., securities and exchange board of india (s.e.b.i.), has set up an advisory committee chaired by dr. s.k. dave, ex-chairman of unit trust of india, in order to draft regulations with regard to plantation companies and submit its report. report is already submitted.5. it is also one of the grievances of .....

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Nov 11 1998 (HC)

H. Gopala Gowda and Another Vs. State of Karnataka and Others

Court : Karnataka

Decided on : Nov-11-1998

Reported in : 1999(1)KarLJ179

orderchidananda ullal, j.1. two agriculturists of channarayapatna village of devanahalli taluk, bangalore rural district, had resorted to the instant writ petition as a public interest litigation. in filing the same, they prayed for issue of a writ, order or direction in the nature of certiorari or any other appropriate writ to quash the official memorandum no. lnd/sr/(1)/16/1976-77, dated 25-5-1979, passed by the respondent 5-tahsildar, devanahalli taluk, devanahalli, copy as at annexure-f to writ petition and also for issue of an order or direction in the nature of mandamus directing the respondents 1 to 5 to consider the legitimate grievance of the petitioners as enumerated in their representations, copies as at annexure-b and c to writ petition and further to retain the status quo condition of the gomal land in sy. no. 163 or for grant of any other appropriate writ.2. we heard the learned counsel for the petitioners sri sundaram appearing along with sri k.n. subbareddy, the learned high court government pleader smt. v. vidya appearing for the respondent 1-state and the authorities-respondents 2 to 5 and sri c.g. gopal swamy appearing for the respondents 6 to 10, 13 to 22 and 24 and 29. we have also perused the case records.3. we feel it proper to give a brief narration of the public grievance of the petitioners aired in the instant writ petition in the form of public interest litigation.4. that, there existed reserved gomal lands to an extent of 66 acres and 13 guntas in .....

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Jul 23 1998 (HC)

Smt. Pullamma Vs. Smt. Padmavathi and Others

Court : Karnataka

Decided on : Jul-23-1998

Reported in : 1999(3)KarLJ571

order1. heard. 2. the petitioner is the purchaser of the land in question granted by the government under dharkasth on 13-9-1962 to one baiyanna who was admittedly a member of woddara community. that land was purchased by the petitioner from the grantee on 26-10-1970. subsequently, the grantee died. 3. after the karnataka scheduled castes and scheduled tribes (prohibition of transfer of certain lands) act, 1978 ('the act' for short) came into force with effect from 1-1-1979, the grantee's daughter-in-law, who is respondent 1, made an application to respondent 3 seeking resumption of the land under section 5 of the act on the ground that the same had been alienated to the petitioner-purchaser in breach of the non-alienation condition which was attached to the grant prohibiting its transfer for a period of 15 years from the date of grant. 4. on enquiry, respondent 3 passes the order at annexure-a dated 22-8-1997 holding the said sale null and void and directing petitioner's eviction from the land for its resumption to respondent 1. petitioner's appeal against annexure-a order before respondent 2-deputy commissioner was also dismissed by his order annexure-b dated 9-6-1998. 5. the petitioner now prays to quash the orders at annexure-a and b as they are illegal and without jurisdiction. it was maintained by mr. s.v. prakash, learned counsel for petitioner that the grantee was originally a person of andhra pradesh where his woddara community was not a community belonging to the .....

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Nov 11 1998 (HC)

H. Gopala Gowda and anr. Vs. the State of Karnataka and ors.

Court : Karnataka

Decided on : Nov-11-1998

Reported in : ILR1998KAR4144

orderchidananda ullal, j. 1. two agriculturists of channarayapatna village of devanahalli taluk, bangalore rural district, had resorted to the instant writ petition as a public interest litigation. in filing the same, they prayed for issue of a writ, order or direction in the nature of certioraris or any other appropriate writ to quash the official memorandum no. lnd/sr/(1)/ 16/1976-77 dated 25.5.79, passed by the respondent no. 5 tahsildar, devanahalli taluk, devanahalli, copy as at annexure 'f' td writ petition and also for issue of an order or direction in the nature of mandamus directing the respondents no. 1 to 5 to consider the legitimate grievance of the petitioners as enumerated in their representations, copies as at annexures 'b' and 'c' to writ petition and further to retain the status quo condition of the gomal land in sy. no. 163 or for grant of any other appropriate writ. 2. we heard the learned counsel for the petitioners sri sundaram appearing along with sri k.n. subbareddy, the learned high court government pleader smt. v. vidya appearing for the respondent no. 1 - state and the authorities - respondents no. 2 to 5 and sri c.g. gopalaswamy appearing for the respondents no. 6 to 10, 13 to 22 and 24 to 29. we have also perused the case records.3. we feel it proper to give a brief narration of the public grievance of the petitioners aired in the instant writ petition in the form of pil.4. that, there existed reserved gomal lands to an extent of 66 acres and 13 .....

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Feb 20 1998 (HC)

C. Venkatesulu @ Venkatesu Vs. State of A.P.

Court : Andhra Pradesh

Decided on : Feb-20-1998

Reported in : 1998(3)ALD549; 1998(1)ALD(Cri)675; 1998(1)ALT(Cri)567

..... police, pw7 has spoken to the receipt of complaint, ex.p1 from pw1, the son of the deceased and issuance of fir, ex.p3 to all the concerned. pw8, the mediator, deposed with regard to the arrest of the accused on 4-2-1992 at anjaneyaswamy temple near peruru cross and recovery of mos.4 and 5 at his instance and .....

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Jul 06 1998 (HC)

B. Kistaiah Vs. Government of India and Others

Court : Andhra Pradesh

Decided on : Jul-06-1998

Reported in : 1998(5)ALD135; 1998(2)ALD(Cri)466; 1998(4)ALT738

..... , to search the residential and office premises of the 8th respondent. the search was conducted on 27-3-1997 by observing all legal formalities in the presence of the independent mediators. the searches were conducted for collecting documents/evidence to establish the allegations made in rc 5(a)/ 97. it is further stated that the office search was conducted on 27 .....

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Oct 12 1998 (HC)

Abdul Rasheed and Others Vs. Abdul Hakeem

Court : Andhra Pradesh

Decided on : Oct-12-1998

Reported in : 1998(6)ALD682; 1998(6)ALT399

..... d5 and his brothers were present at the time of the settlement of the bargain. he did not mention the presence of defendants 1 to 3. as regards the subsequent mediation also, the evidence of pw 3 varies from that of pw2. the evidence of pws.2 and 3 does not show that the agreement was entered into on behalf of .....

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