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Panna Lal & Ors Vs. State of Rajasthan & Ors [1975] INSC 151 (1 August 1975)

Judgement Date : 01 Aug 1975

Citation : 1975 Latest Caselaw 149 SC

Rajasthan Excise Act, 1950
Rajasthan Excise Rules, 1956

Headnote :

The licenses for sale of country liquor were granted under the Rajasthan Excise Act, 1950. For the years 1962-63 and 1963-64 licenses for sale of country liquor were given to contractors under a guaranteed system. There was a total Guarantee amount. Where the contractors failed to fulfill the guaran...
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Banamali Das Vs. Rajendra Chandra Mardaraj Harichandan & Ors [1975] INSC 152 (1 August 1975)

Judgement Date : 01 Aug 1975

Citation : 1975 Latest Caselaw 150 SC

Representation of the People Act, 1951

Headnote :

Six candidates contested the mid-term election to the Orissa Legislative Assembly from Nilgiri Constituency. The appellant was declared elected by a margin of 49 votes over respondent no. 1. Respondent No. 1 filed an Election Petition challenging the election of the appellant and praying that instea...
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R. K. Lakshmanan Vs. A. K. Srinivasan & ANR [1975] INSC 153 (1 August 1975)

Judgement Date : 01 Aug 1975

Citation : 1975 Latest Caselaw 151 SC

CrPC Section 342. Power to order court
CrPC Section 476. Forms
Indian Penal Code, 1860 (IPC)
IPC Section 205. False personation for purpose of act or proceeding in suit or prosecution

Headnote :

The appellant was a District Magistrate. In a case pending before him an affidavit of one of the sureties was attested by the respondent who was a practising advocate On the failure of the surety to appear in the Court on the due date, notice was issued to him. The notice having been returned un ser...
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Supreme General Films Exchange Ltd. Vs. His Highness Maharaja Sir Brijnath Singhji Deo of Maihar [1975] INSC 154 (4 August 1975)

Judgement Date : 04 Aug 1975

Citation : 1975 Latest Caselaw 152 SC

Code of Civil Procedure, 1908 (CPC)
Section 52. TPA, Transfer of property pending suit relating thereto.
Section 65A. TPA, Mortgagor’s power to lease.

Headnote :

The plaintiff-respondents was a mortgagee in respect of a cinema theater of which the appellant claimed to be a lessee in occupation. A compromise decree . was passed on 7th May, 1960 in the suit filed by the plaintiff-respondent against the mortgagor be which it was agreed that the amounts due woul...
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Hindustan Aeronautics Ltd. Vs. The Workmen & Ors [1975] INSC 155 (4 August 1975)

Judgement Date : 04 Aug 1975

Citation : 1975 Latest Caselaw 153 SC

Industrial Disputes Act, 1947

Headnote :

The Government of West Bengal referred under s. 10(1) of the Industrial Disputes Act, 1947, five issued for adjudication by the Industrial Tribunal. The dispute was between the respondents-workmen working at the Barkeeper branch of the appellant company's workshop. All the shares of the appellan...
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Govind Sugar Mills Ltd. & ANR Vs. Hind Mazdoor Sabha & Ors [1975] INSC 156 (5 August 1975)

Judgement Date : 05 Aug 1975

Citation : 1975 Latest Caselaw 154 SC

Constitution of India
Industrial Disputes Act, 1947

Headnote :

Under s. 3(b) of the U.P. Industrial Disputes Act, 1947, the State Government issued a notification directing that the recommendations of the First Sugar Wage Board were to come into force from November 1, 1960. The appellant refused to implement the provisions of the notification. There was, con...
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Ashok Dulichand Vs. Madahavlal Dube & ANR [1975] INSC 157 (5 August 1975)

Judgement Date : 05 Aug 1975

Citation : 1975 Latest Caselaw 155 SC

Headnote :

The election for Pandhurna Constituency for the M.P. legislative Assembly took place in March, 1970. There were 6 candidates who contested the election. The main contest was between respondents nos. 1 and 2. Respondent no. 1 was declared elected. The appellant, a voter, filed an Election Petition ch...
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Sahu Minerals & Properties Ltd. Vs. Presiding Officer, Labour Court & Ors [1975] INSC 158 (6 August 1975)

Judgement Date : 06 Aug 1975

Citation : 1975 Latest Caselaw 156 SC

Industrial Disputes Act, 1947

Headnote :

The Government of Bihar sent to the Labour Court, Chota Nagpur Division, Ranchi, application in respect of 73 workers of the appellant for decision under sec. 33C(2) of the Industrial Disputes Act for retrenchment compensation. The contention of the appellant was that it was a case of closer for...
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Rajendra Kumari Bajpai Vs. Ram Adhar Yadav & Ors [1975] INSC 159 (6 August 1975)

Judgement Date : 06 Aug 1975

Citation : 1975 Latest Caselaw 157 SC

Code of Civil Procedure, 1908 (CPC)
CrPC Section 482. Saving of inherent power of High Court
Representation of the People Act, 1951

Headnote :

An application for delivery of interrogatories is one of the logical steps in aid of the prosecution of an election petition and is fully covered by s. 87 of the Representation of the People Act, 1951. C(1) (1) Order XI, C.P.C., forms part of the trial of suits and is not a special procedure. Order...
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Unlon of Lndla & Ors Vs. Sripati Ranjan Biswas & ANR [1975] INSC 160 (7 August 1975)

Judgement Date : 07 Aug 1975

Citation : 1975 Latest Caselaw 158 SC

Headnote :

The respondent was dismissed from government service. His appeal to the President against his dismissal was heard by the Minister in the Ministry of Finance, and was rejected. A single judge of the High Court dismissed his writ petition under Art. 226 of the Constitution but the division bench qu...
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Dwarka Prasad Vs. Dwarka Das Saraf [1975] INSC 161 (11 August 1975)

Judgement Date : 11 Aug 1975

Citation : 1975 Latest Caselaw 159 SC

Headnote :

The term "accommodation" is defined by s. 2(a)- Scope of the U.P. (Temporary) Control of Rent and Eviction Act, 1947 to mean residential and non-residential accommodation in any building or part of a building and includes among others any furniture supplied by the landlord for use in such...
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S. M. Gopalakrishna Chetty Vs. Ganeshan & Ors [1975] INSC 162 (11 August 1975)

Judgement Date : 11 Aug 1975

Citation : 1975 Latest Caselaw 160 SC

Headnote :

The appellant landlord is a holder of life interest in the property in question He filed a suit against the tenant for eviction on the grounds of bona fide requirement by him for demolition and reconstruction. The Rent Controller held the requirement of the landlord bona fide and ordered eviction of...
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State of Orissa Vs. Khageswar Das & Ors [1975] INSC 163 (12 August 1975)

Judgement Date : 12 Aug 1975

Citation : 1975 Latest Caselaw 161 SC

Constitution of India

Headnote :

Rule 3(1)(ii) of the Orissa Industries Service Rules, 1971, provided that the junior grade of the service shall include the posts of Deputy Directors, Senior lecturers in Engineering, Schools etc. besides the posts of Principal, Engineering Schools (except Mining Engineering) and Polytechnics which...
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Bombay Gas Co. Ltd. Vs. Jagannath Pandurang & Ors [1975] INSC 164 (12 August 1975)

Judgement Date : 12 Aug 1975

Citation : 1975 Latest Caselaw 162 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

The 118 respondents are workmen of the appellant company ‘working in different departments of the company's works. Respondents 1 to 14 are Syphon Pumpers. They filed 14 applications before the Additional Authority under s 15 of the Payment of Wages Act claiming overtime wages...
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Bar Councll of Maharashtra Vs. M. Vs. Dabholkar [1975] INSC 165 (13 August 1975)

Judgement Date : 13 Aug 1975

Citation : 1975 Latest Caselaw 163 SC

Advocates Act, 1961

Headnote :

The State Bar Councils created by the Advocates Act, 1961 have been entrusted with the functions inter alia of entertaining and determining cases of misconduct against advocates on their rolls and to safeguard their rights, privileges and interests. The Bar Council of India which is a national body...
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The Municipal Council, Madurai Vs. R. Narayanan [1975] INSC 166 (18 August 1975)

Judgement Date : 18 Aug 1975

Citation : 1975 Latest Caselaw 164 SC

Headnote :

The appellant increased the licence fee imposed on hoteliers respondents under s.321 (2), Madras District Municipalities Act, 1920, and they challenged the increase. The appellant justified the increase on the basis that the fee under the section is a tax and falls under "tax on land and bui...
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Shah Ashu Jaiwant Vs. State of Maharashtra [1975] INSC 167 (18 August 1975)

Judgement Date : 18 Aug 1975

Citation : 1975 Latest Caselaw 165 SC

Prevention of Food Adulteration Act, 1954
Prevention Of Food Adulteration Act, 1954

Headnote :

The appellant was charged under section 16(1)(a)(1) of the Prevention of food Adulteration Act, for contravening section 2(1)(f) and 7(1) of the said Act The Food Inspector purchased black Tils from the appellant. P.W. 1 Tambe was unable to give either the name of the shop or approximate date modity...
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Trilok Chand Jain Vs. State of Delhi [1975] INSC 168 (19 August 1975)

Judgement Date : 19 Aug 1975

Citation : 1975 Latest Caselaw 166 SC

CrPC Section 342. Power to order court
Indian Penal Code, 1860 (IPC)

Headnote :

An inspector of the Delhi Electric Supply Undertaking demanded a bribe for giving the complainant a power connection for his factory. Information having been given to the anti-corruption police a trap was set. The inspector did not turn up at the appointed time to receive the money, but the appellan...
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Lila Ram Vs. Union of India & Ors [1975] INSC 169 (19 August 1975)

Judgement Date : 19 Aug 1975

Citation : 1975 Latest Caselaw 167 SC

Headnote :

On September 3, 1957 the Chief Commissioner of Delhi issued a notification under section 4 of the Land Acquisition Act in respect of land measuring about 3,000 acres mentioned in the schedule attached to the notification. lt was also stated that the land is likely to be required to be taken at the p...
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Cooper Engineering Limited Vs. Shri P. P. Mundhe [1975] INSC 170 (20 August 1975)

Judgement Date : 20 Aug 1975

Citation : 1975 Latest Caselaw 168 SC

State Bank of India Vs. R. K. Jain & Ors [1971] INSC 253 (17 September 1971)

Headnote :

On the question, whether when a domestic inquiry held by an employer was found by the labour court as violative of the principles of natural justice there Was any duty cast upon that court to give an opportunity to the employer to adduce evidence afresh before it and whether failure to do so would v...
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Howrah Insurance Co. Ltd Vs. Sochindra Mohan Das Gupta [1975] INSC 171 (20 August 1975)

Judgement Date : 20 Aug 1975

Citation : 1975 Latest Caselaw 169 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

Messers Das Bank Ltd. instituted a mortgage suit against the responded on January 19, 1950 in respect of the tea garden mortgaged with them in 1943. On reorganisation of the Judicial Administration in 'Tripura, the suit was transferred from the Tripura High Court to the court of the District Jud...
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State of Mysore & Ors Vs. V. K. Kangan & Ors [1975] INSC 172 (21 August 1975)

Judgement Date : 21 Aug 1975

Citation : 1975 Latest Caselaw 170 SC

Headnote :

The respondents are the owners of the land in question. the land was sought to be acquired for an Engineering College at the instance of the Education Department of the State of Mysore. Section 4 notification was issued in the year 1960. After an enquiry into the objections filed under section 5A...
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Ishwari Yatayat Cooperative Society Vs. State Transport Authority & Ors [1975] INSC 173 (22 August 1975)

Judgement Date : 22 Aug 1975

Citation : 1975 Latest Caselaw 171 SC

Motor Vehicles Act, 1939

Headnote :

Practice and Procedure-Contention not raised in High Court or in special leave petition-If can be entertained during arguments. The Regional Transport Authority granted a permit to the appellant. The Appellate Authority allowed the appeal filed by a rival applicant and set aside the order after t...
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Aluminium Corporation of India Ltd. Vs. Union of India & Ors [1975] INSC 174 (22 August 1975)

Judgement Date : 22 Aug 1975

Citation : 1975 Latest Caselaw 172 SC

Headnote :

The appellant manufactures aluminium plates, sheets, circles, strips and foils which are the end products of its composite factory, but, as intermediate products, it also turns out ingots, bars, slabs, billets, pellets and the like which get consumed mostly in the process of manufacture of plates, s...
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Carew And Company Ltd. Vs. Unlon of India [1975] INSC 175 (22 August 1975)

Judgement Date : 22 Aug 1975

Citation : 1975 Latest Caselaw 173 SC

Headnote :

Section 2(v) of the Monopolies and Restrictive Trade Practices Act, 1969 defines an "undertaking" as an undertaking which is engaged in the production, supply, distribution or control of goods of any description or the provision of service of any kind. Section 22 provides for the establish...
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V. A. Subhadra & Ors Vs. A. Satyavan & Ors [1975] INSC 176 (22 August 1975)

Judgement Date : 22 Aug 1975

Citation : 1975 Latest Caselaw 174 SC

Headnote :

The appellant who was a Lower Division Clerk in a department of the State Government had gone on transfer to another department on her own request. Under a notification issued by the State Government. a person could revert to his parent department (i) only if and when there is no vacancy for him to...
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Premier Automobiles Ltd. Vs. Kamlekar Shantaram Wadke of Bombay & Ors [1975] INSC 177 (26 August 1975)

Judgement Date : 26 Aug 1975

Citation : 1975 Latest Caselaw 175 SC

Code of Civil Procedure, 1908 (CPC)
Industrial Disputes Act, 1947

Bharat Kala Bhandar Ltd. Vs. Municipal Committee, Dhamangaon [1965] INSC 81 (26 March 1965)
State of Bombay Vs. K. P. Krishnan & Ors [1960] INSC 77 (18 April 1960)
The State of Orissa Vs. Madan Gopal Rungta [1951] INSC 48 (25 October 1951)

Headnote :

The Industrial Disputes Act was enacted to make provision for the investigation and settlement of the industrial disputes. The Act envisages collective bargaining, contracts between the workers' unions and management and the like which are matters outside the realm of the common law or the law o...
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State of Andhra Pradesh & ANR Vs. Potta Sanyasi Rao & Ors [1975] INSC 178 (26 August 1975)

Judgement Date : 26 Aug 1975

Citation : 1975 Latest Caselaw 176 SC

Delegation of Powers
Delegation of Powers
Essential Commodities Act, 1955
Essential Commodities Act, 1955

Headnote :

In June, 1966, the Central Government, in exercise of the powers conferred by s. 5 of the Essential Commodities Act, 1955. delegated its power to make Orders to the State Governments with respect to certain matters specified in s. 3(2) in relation to all essential commodities other than certain s...
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Shiv Charan Singh Vs. Maharaj Kumar Sri Brijendra Pal [1975] INSC 179 (26 August 1975)

Judgement Date : 26 Aug 1975

Citation : 1975 Latest Caselaw 177 SC

Representation of the People Act, 1951

Headnote :

Representation of the People Act, 1951, s.77-Election expenses Failure of successful candidate to maintain account in prescribed manner, if constitutes corrupt practice. The appellant and the respondent were the main candidates in the election lo the Rajasthan Legislative Assembly from the Karaul...
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Bapubhai Mohanbhal Vs. Mahila Sahakari Udyog Mandir [1975] INSC 180 (26 August 1975)

Judgement Date : 26 Aug 1975

Citation : 1975 Latest Caselaw 178 SC

Headnote :

Section 13 of the Bombay Rents, Hotel and Lodging House Rates Control. Act, 1 VII of 1947 (which was the Act in force in Gujarat) enumerates the grounds on which a landlord may obtain possession of the premises let out to a tenant. Clause (g) of that section provides that the landlord can obtain...
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Gvindlal Chhaggan Lal Patel Vs. The Agricultural Produce Market Committee, Godhra & ANR [1975] INSC 181 (27 August 1975)

Judgement Date : 27 Aug 1975

Citation : 1975 Latest Caselaw 179 SC

Headnote :

The appellant was prosecuted for having purchased a certain quantity of ginger without obtaining a licence as required by the Gujarat Agricultural Produce Markets Act. 1964. The trial court accepted the factum of purchase but it acquitted the appellant on the ground that the relevant notification...
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J.K. Vasavada & Ors Vs. Chandrakanta Chimanlal Bhavsar & ANR [1975] INSC 182 (28 August 1975)

Judgement Date : 28 Aug 1975

Citation : 1975 Latest Caselaw 180 SC

Bombay Reorganisation Act, 1960
States Reorganisation Act, 1956

Headnote :

The appellants and the respondents were originally servants of the State of Bombay and were allotted to the State of Gujarat on its formation on 1st of May, 1960. The State of Gujarat issued certain orders in the year 1962 and thereafter which provided that passing of G.D.C. & A. examination...
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Madan Lal Vs. State of U.P. & Ors [1975] INSC 183 (28 August 1975)

Judgement Date : 28 Aug 1975

Citation : 1975 Latest Caselaw 181 SC

Code of Civil Procedure, 1908 (CPC)
Indian Forest Act, 1927
Indian Forest Act, 1927
Land Acquisition Act, 1894
Land Acquisition Act, 1894
Motor Vehicles Act, 1939

Municipal Board, Pushkar Vs. State Transport Authority, Rajasthan & Ors [1962] INSC 327 (21 November 1962)

Headnote :

A notification was issued by the State Government under s. 4 of the Indian Forest Act, 1927 declaring that it decided to constitute some land as a reserved forest. The appellant preferred a claim under s. 6 of the Act before the Forest Settlement Officer stating that he had sirdari rights over certa...
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Rikhu Dev, Chela Bawa Harjug Dass Vs. Som Dass [1975] INSC 184 (28 August 1975)

Judgement Date : 28 Aug 1975

Citation : 1975 Latest Caselaw 182 SC

Headnote :

The appellant filed the suit on the basis that as the Mahant of a Dera he was entitled to possession and management of the properties of its branch Dera. The defendant contended that it was an independent Dera and that he was in possession of the properties as its lawfully appointed Mahant. The tria...
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Sole Trustee Loka Shikshana Turst Vs. Commissioner of Income Tax, Mysore [1975] INSC 185 (28 August 1975)

Judgement Date : 28 Aug 1975

Citation : 1975 Latest Caselaw 183 SC

Income Tax Act, 1961

Headnote :

Section 2(15) of the Income-tax Act provides that 'charitable purpose' includes relief of the poor, education medical relief. and the advancement of any other object of general public utility. The appellant is a sole trustee of the "Loka Shikshana Trust", holding properties ment...
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Visakhapatnam Municipality Vs. Kandregula Nukaraju & Ors [1975] INSC 186 (29 August 1975)

Judgement Date : 29 Aug 1975

Citation : 1975 Latest Caselaw 184 SC

Headnote :

Under s. 4(1)(c) of the District Municipalities Act, 1920, the State Government declared its intention to include within the limits of the appellant municipality the local areas comprised in two villages. 'The 1920 Act was repealed by the Andhra Pradesh Municipalities Act, 1965 which came into f...
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Balumal Jamnadas Batra Vs. State of Maharashtra [1975] INSC 187 (29 August 1975)

Judgement Date : 29 Aug 1975

Citation : 1975 Latest Caselaw 185 SC

Customs Act, 1962

Headnote :

Section 123(1) of the Customs Act, 1962, provided that, where any goods to which this section applies are seized under this Act in the reasonable relief that they are smuggled goods, the burden of proving that they are not smuggled goods shall be on the person from whose possession the goods were se...
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Gajanan Dattatraya Vs. Sherbanu Hosang Patel & Ors [1975] INSC 188 (29 August 1975)

Judgement Date : 29 Aug 1975

Citation : 1975 Latest Caselaw 186 SC

Headnote :

The respondent-landlord filled a suit for eviction against the appellant-tenant on the ground that the appellant had sublet a portion of the premises. The trial court and the First Appellate Court came to the conclusion that on the date when the notice terminating the tenancy was served on the appel...
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State of Punjab & ANR Vs. Kirpal Singh Bhatia & Ors [1975] INSC 189 (29 August 1975)

Judgement Date : 29 Aug 1975

Citation : 1975 Latest Caselaw 187 SC

Headnote :

Promotion from lower grades in the service to a higher grade is one on the methods of recruitment under r. 7 of the Punjab Educational Service Class III School Cadre Rules, 1955 Rule 10 of the rules states that members of the service would be entitled to such scales as may be authorised by the gover...
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State of Andhra Pradesh & Ors Vs. Chitra Venkata Rao [1975] INSC 190 (29 August 1975)

Judgement Date : 29 Aug 1975

Citation : 1975 Latest Caselaw 188 SC

Constitution of India

Headnote :

(1) The jurisdiction of the High Court to issue a writ of certiorari under Art. 226 is a supervisory jurisdiction, and not as an appellate court. The findings of fact reached by an inferior court or tribunal as result of the appreciation of evidence are not reopened or questioned in these proceeding...
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Nasiruddin Vs. State Transport Tribunal [1975] INSC 191 (29 August 1975)

Judgement Date : 29 Aug 1975

Citation : 1975 Latest Caselaw 189 SC

Government of India Act, 1935

Headnote :

Paragraph 7 of the United Provinces High Courts (Amalgamation) Order, 1948, provides that (1) The new High Court shall have, in respect of the whole of the United Provinces, all such original, appellate and other jurisdiction as, under the law in force immediately before the appointed day, is exerci...
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