Caselaw | Supreme Court Judgements of february 1978

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Keshoram Gora Vs. State of Assam [1978] INSC 19 (1 February 1978)

Judgement Date : 01 Feb 1978

Citation : 1978 Latest Caselaw 19 SC

CrPC Section 379. Appeal against conviction by High Court in certain cases
Indian Penal Code, 1860 (IPC)
IPC Section 11. Person

Headnote :

The appellant, along with his brother Someshwar, was charged under section 302 in conjunction with section 34 of the I.P.C. for the murder of Kalinath. The prosecution\'s case states that Kalinath was in the process of uprooting pulses from his land when the accused, Keshoram and Someshwar, accompan...

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New Standard Engineering Co. Ltd. Vs. N. L. Abhyankar & Ors [1978] INSC 20 (2 February 1978)

Judgement Date : 02 Feb 1978

Citation : 1978 Latest Caselaw 20 SC

Industrial Disputes (Central) Rules, 1957
Industrial Disputes Act, 1947

Headnote :

The Government of Maharashtra referred the dispute between New Standard Engineering Co. Ltd. and its employees to the Industrial Tribunal for adjudication under section 10(1)(d) of the Industrial Disputes Act of 1947. In November 1972, the Tribunal issued its award, mandating that the revised wage s...

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Shambu Nath Goyal Vs. Bank of Baroda, Jullundur [1978] INSC 21 (2 February 1978)

Judgement Date : 02 Feb 1978

Citation : 1978 Latest Caselaw 21 SC

Headnote :

The appellant worked as a clerk at the Bank of Baroda and was served with a charge sheet. Following a departmental inquiry, he was dismissed from his position. His appeal against the dismissal was also rejected.Subsequently, the case was brought to conciliation. When conciliation failed, the Governm...

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Jagdish Chander Vs. Brij Mohan & Ors [1978] INSC 22 (6 February 1978)

Judgement Date : 06 Feb 1978

Citation : 1978 Latest Caselaw 22 SC

Headnote :

On July 12, 1968, Ata-Ilahi Khan executed a sale deed in favor of the appellant, Shri Jagdish Chander, who then took possession of the disputed lands. On the same day, Jagdish Chander entered into an agreement to reconvey the lands specifically to Ata-Ilahi Khan or his heirs if the consideration amo...

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Udai Chand Vs. Shanker Lal & Ors [1978] INSC 23 (7 February 1978)

Judgement Date : 07 Feb 1978

Citation : 1978 Latest Caselaw 23 SC

Headnote :

The respondents are the legal representatives of Surajmal, who acquired a suit shop through a registered sale deed dated May 17, 1965, from Bhurdas. The petitioner had executed two rent notes, Exhibit 8 and Exhibit 10, explicitly naming Bhurdas as the shop\'s owner. The petitioner was informed of th...

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Yeshwantrao Laxmanrao Ghatge & ANR Vs. Baburao Bala Yadav & Ors [1978] INSC 24 (9 February 1978)

Judgement Date : 09 Feb 1978

Citation : 1978 Latest Caselaw 24 SC

Bombay Public Trusts Act, 1950
Bombay Public Trusts Act, 1950

Headnote :

Properties 1A to 1H were acquired or donated in the name of the deity Shri Vithal Rakhumai Dev by an individual named Ambabai.A person named Pandurang Babaji Pawar was designated as the manager (Vahivatdar), while Bala Appa Yadav was appointed as the deity\'s servant. On June 1, 1905, Ambabai execut...

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State of Kerala Vs. Alaserry Mohammed [1978] INSC 25 (10 February 1978)

Judgement Date : 10 Feb 1978

Citation : 1978 Latest Caselaw 25 SC

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

State of Uttar Pradesh Vs. Kartar Singh [1964] INSC 30 (6 February 1964)

Headnote :

Rule 22 of the Prevention of Food Adulteration Rules, 1955, established under the Prevention of Food Adulteration Act, 1954, outlines the required quantity of food samples to be sent to the Public Analyst or Directorate for analysis, depending on the situation. Items 1 to 22 provide a list of variou...

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State of Kerala Vs. M. K. Krishnan Nair & Ors [1978] INSC 26 (14 February 1978)

Judgement Date : 14 Feb 1978

Citation : 1978 Latest Caselaw 26 SC

CrPC Section 13. Special Judicial Magistrates
States Reorganisation Act, 1956

Headnote :

In the former State of Travancore Cochin, the recruitment process for Munsiffs was regulated by the Travancore Cochin Munsiffs Recruitment Rules of 1953. Following the establishment of the new State of Kerala, these rules were replaced by the Kerala Judicial Service (Recruitment of Munsiffs) Rules o...

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Sanjay Gandhi Vs. Union of India & Ors [1978] INSC 27 (14 February 1978)

Judgement Date : 14 Feb 1978

Citation : 1978 Latest Caselaw 27 SC

CrPC Section 227. Discharge

Headnote :

This Court established a timeline for the committal proceedings in RC 2/1977- CIA-1, which is under the jurisdiction of the Chief Metropolitan Magistrate in Delhi, on February 2, 1978. After the Committal Court denied the petitioner, a co-accused, additional time to review the records as per section...

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State of Maharashtra & Ors Vs. Man Singh Surat Singh Padvi & Ors [1978] INSC 28 (14 February 1978)

Judgement Date : 14 Feb 1978

Citation : 1978 Latest Caselaw 28 SC

Bombay Land Revenue Code, 1879
Bombay Tenancy and Agricultural Lands Act, 1948
Bombay Tenancy and Agricultural Lands Act, 1948
West Khandesh Mehwassi Estates Regulation, 1949

Headnote :

In the West Khandesh district, there existed six estates belonging to Tribal Chiefs known as Mehwassi Estates. The Bombay Land Revenue Code of 1879 was applied to these estates through Section 3 of the West Khandesh Mehwassi Estates Regulation of 1949. Additionally, Section 4 of this Regulation exte...

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Sandhya Rani Sarkar Vs. Sudha Rani Debi & Ors [1978] INSC 29 (14 February 1978)

Judgement Date : 14 Feb 1978

Citation : 1978 Latest Caselaw 29 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India

State of West Bengal Vs. Administrator, Howrah Municipality & Ors [1971] INSC 346 (14 December 1971)

Headnote :

A contract for the sale of the property located at 88-A Rash Behari Avenue, Calcutta, was established between the appellant and the late Smt. Paribala Das on February 8, 1956, for a total consideration of Rs. 46,000/-. The sale agreement, marked as Ex.I, states that Rs. 1001/- was paid as earnest mo...

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Tolaram Bijoy Kumar Vs. Commissioner of Income Tax, Assam [1978] INSC 30 (14 February 1978)

Judgement Date : 14 Feb 1978

Citation : 1978 Latest Caselaw 30 SC

Indian Partnership Act, 1932
Indian Partnership Act, 1932

Headnote :

The income generated from the business of Nathmal Tolaram, operated by Narmal, was classified as income of a Hindu Undivided Family until 1950. Following Narmal\'s death in 1945, the business was partitioned effective April 6, 1949. Subsequently, on April 7, 1949, a partnership deed was executed by...

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Rameshwar Dayal & Ors Vs. The State of Uttar Pradesh [1978] INSC 31 (15 February 1978)

Judgement Date : 15 Feb 1978

Citation : 1978 Latest Caselaw 31 SC

Constitution of India
CrPC Section 162. Statements to police not to be signed: Use of statements in evidence
CrPC Section 342. Power to order court

Headnote :

A longstanding feud between Baburam and Munnalal, ignited by legal actions under sections 107/117 of the Cr.P.C. that they initiated against each other, culminated in an assault on Baburam\'s group by Munnalal\'s faction, resulting in Baburam\'s death. The appellants were found guilty under sections...

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Union of India Vs. Shri Gopal Chandra Misra & Ors [1978] INSC 32 (15 February 1978)

Judgement Date : 15 Feb 1978

Citation : 1978 Latest Caselaw 32 SC

Constitution of India
Government of India Act, 1935
Section 19. TPA, Vested interest.

Headnote :

The second respondent (appellant in CA 2655/77), Shri Satish Chandra, informed the President of India on May 7, 1977, of his resignation from the position of Judge of the Allahabad High Court, effective August 1, 1977. However, on July 15, 1977, he wrote again to the President to withdraw his previo...

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Mir Fakir Mohd. Vs. State of West Bengal [1978] INSC 33 (15 February 1978)

Judgement Date : 15 Feb 1978

Citation : 1978 Latest Caselaw 33 SC

Headnote :

The petitioner\'s assertion, based on the provisions of section 6(1)(f) of the West Bengal Estate Acquisition Act, 1954, regarding his right as an intermediary to keep the land where he has cultivated not only mango and jackfruit trees but also bamboo clumps and banana plants, was upheld by the lowe...

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Charan Lal Sahu Vs. Neelam Sanjeeva Reddy [1978] INSC 34 (15 February 1978)

Judgement Date : 15 Feb 1978

Citation : 1978 Latest Caselaw 34 SC

Constitution of India
Presidential and Vice-Presidential Elections Act, 1952

State of Rajasthan & Ors Vs. Union of India [1977] INSC 145 (6 May 1977)

Headnote :

The petitioner submitted his nomination papers to run as a candidate in the Presidential elections held on July 19, 1977. However, these papers lacked the required deposit as stipulated in section 5C and were not endorsed by any voter as a proposer or seconder, as mandated by section 5B of the Presi...

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Rohtas Industries Ltd. Vs. Ramlakhan Singh & Ors [1978] INSC 35 (16 February 1978)

Judgement Date : 16 Feb 1978

Citation : 1978 Latest Caselaw 35 SC

Factories Act, 1948
Gwalior

Headnote :

The services of Ramlakhan Singh, who was employed as a sectional officer in the Waste Paper department of the appellant\'s paper factory in Dalmianagar, Bihar, were terminated immediately through a notice dated June 10, 1970, which included an offer of one month\'s wages in lieu of notice.In respons...

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Lalla Ram Vs. Management of D.C.M. Chemical Works Ltd. & ANR [1978] INSC 36 (16 February 1978)

Judgement Date : 16 Feb 1978

Citation : 1978 Latest Caselaw 36 SC

Central Bank of India Ltd., New Delhi Vs. Shri Prakash Chand Jain [1968] INSC 198 (20 August 1968)

Headnote :

The appellant, an employee of Respondent No. 1, was residing in one of the jhuggies located on the plot next to Respondent No. 1\'s mill. After receiving a report from the sentry, Dharam Singh, regarding unauthorized construction by one Sheo Ram on the plot, Shyam Singh, the Assistant Security Offic...

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Komma Neelakantha Reddy & Ors Vs. State of Andhra Pradesh [1978] INSC 37 (16 February 1978)

Judgement Date : 16 Feb 1978

Citation : 1978 Latest Caselaw 37 SC

Headnote :

Twenty-five individuals were charged with offenses under various sections of the Indian Penal Code based on First Information Report No. Ex. P 2, which was filed by witnesses 1 and 2. Witnesses 1, 2, and 3, who were eyewitnesses, were part of a police team specifically assigned to the incident locat...

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Harsh Sawhney Vs. Union Territory (Chandigarh Admn.) [1978] INSC 38 (20 February 1978)

Judgement Date : 20 Feb 1978

Citation : 1978 Latest Caselaw 38 SC

Headnote :

The Court granted the appeal and stated:An accused does not necessarily have to be taken into custody for the search of premises in their presence or for interrogation related to the investigation of the case, as long as the principles regarding the granting or denial of bail, as outlined in Gurchar...

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Mohan Singh Vs. Union Territory, Chandigarh [1978] INSC 39 (20 February 1978)

Judgement Date : 20 Feb 1978

Citation : 1978 Latest Caselaw 39 SC

Headnote :

The High Court revoked the bail that had been granted by the Sessions Court to the appellant, who faced charges under section 5(2) of the Prevention of Corruption Act, on the basis that the appellant had approached both the Sessions Court and the High Court at the same time without informing the Ses...

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Polestar Electronic(P) Ltd. Vs. Addl. Commissioner, Sales Tax Delhi [1978] INSC 40 (20 February 1978)

Judgement Date : 20 Feb 1978

Citation : 1978 Latest Caselaw 40 SC

Indian Electricity Act, 1910
Indian Electricity Act, 1910

Headnote :

The Bengal Finance (Sales Tax) Act of 1947 was extended to the Union Territory of Delhi with certain modifications through a notification dated April 28, 1951. Any dealer whose gross turnover surpasses the taxable threshold is required to pay sales tax on transactions conducted after a specified dat...

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Punjab Beverages Pvt. Ltd., Chandigarh Vs. Suresh Chand & ANR [1978] INSC 41 (21 February 1978)

Judgement Date : 21 Feb 1978

Citation : 1978 Latest Caselaw 41 SC

Industrial Disputes (Appellate Tribunal) Act, 1950
Industrial Disputes Act, 1947

Headnote :

Respondent No. 1 in (C.A. 1375 of 1977) was employed as an operator in the appellant\'s Undertaking starting from March 1, 1970, earning a monthly salary of Rs. 100/-. This salary was set to increase to Rs. 115/- per month from October 1, 1972, had he remained in service. However, on December 21, 19...

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Madan Mohan Pathak Vs. Union of India & Ors [1978] INSC 42 (21 February 1978)

Judgement Date : 21 Feb 1978

Citation : 1978 Latest Caselaw 42 SC

Constitution of India
Gwalior
Industrial Disputes Act, 1947
Life Insurance Corporation Act, 1956
Payment of Bonus Act, 1965

Headnote :

Occasionally, the Life Insurance Corporation and its employees reached agreements regarding the terms and conditions of service for Class III and Class IV employees, including the bonuses they would receive. Clause (8) of the Settlement dated January 24, 1974, which addressed bonus payments, stipula...

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Prag Ice & Oil Mills & ANR Vs. Union of India [1978] INSC 43 (21 February 1978)

Judgement Date : 21 Feb 1978

Citation : 1978 Latest Caselaw 43 SC

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

Saraswati Industrial Syndicate Ltd. Vs. Union of India [1974] INSC 163 (30 August 1974)

Headnote :

Sub-section (1) of section 3 of the Essential Commodities Act, 1955, which is included in the Ninth Schedule of the Constitution, grants the Central Government the authority to issue orders for the regulation or prohibition of the production, supply, and distribution of essential commodities, as wel...

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Bangalore Water-Supply & Sewerage Board, Vs. R. Rajappa & Ors [1978] INSC 44 (21 February 1978)

Judgement Date : 21 Feb 1978

Citation : 1978 Latest Caselaw 44 SC

Gwalior
Industrial Disputes Act, 1947

Headnote :

The employees who were respondents faced fines imposed by the Appellant Board for misconduct, leading to the recovery of various amounts from them. In response, they submitted Claims Application No. 5/72 under Section 33C (2) of the Industrial Disputes Act, arguing that the penalties were enforced i...

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Ganpat Ladha Vs. Sashikant Vishnu Shinde [1978] INSC 45 (21 February 1978)

Judgement Date : 21 Feb 1978

Citation : 1978 Latest Caselaw 45 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India

Headnote :

The tenant respondent submitted an application in 1956 for the determination of standard rent under section 11 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. In February 1960, during these proceedings, the contractual rent of Rs. 80 per month was lowered to Rs. 54.25 per month...

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Alladi Venkateswarlu & Ors Vs. Govt. of Andhra Pradesh & ANR [1978] INSC 46 (21 February 1978)

Judgement Date : 21 Feb 1978

Citation : 1978 Latest Caselaw 46 SC

Andhra Pradesh General Sales Tax Act, 1957

Headnote :

Section 5 of the Andhra Pradesh General Sales Tax Act, 1957 governs the taxation of sales or purchases of goods. According to S. 5(1), every dealer (excluding casual traders and agents of non-resident dealers) with a total turnover of Rs. 25,000 or more, as well as every agent of a non-resident deal...

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In Re: Shri S. Mulgaokar [1978] INSC 47 (21 February 1978)

Judgement Date : 21 Feb 1978

Citation : 1978 Latest Caselaw 47 SC

Contempt of Courts Act, 1971

Headnote :

In its December 13, 1977 issue, the Indian Express reported that the High Courts had reacted very negatively to the proposal of establishing a code of judicial ethics and propriety, noting that the criticism was so severe that some Supreme Court judges, who had contributed to the draft code, distanc...

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Balai Chandra Hazra Vs. Shewdhari Jadav [1978] INSC 48 (21 February 1978)

Judgement Date : 21 Feb 1978

Citation : 1978 Latest Caselaw 48 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
West Bengal Premises Tenancy Act, 1956

Headnote :

The eviction suit against the defendant-appellant, who was a tenant on the ground floor of premises No. 16/lA, Ram Ratan Bose Lane, Shyambazar, paying a monthly rent of Rs. 37/-, was initiated by the respondent on the grounds that he needed the premises for his own use. The suit resulted in a decree...

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State of Uttar Pradesh Vs. Batuk Deo Patil Tripathi & ANR [1978] INSC 49 (21 February 1978)

Judgement Date : 21 Feb 1978

Citation : 1978 Latest Caselaw 49 SC

Constitution of India

Headnote :

The Allahabad High Court, exercising the powers granted to it by Article 225 of the Constitution and other relevant authorities, established the Rules of Court, 1952. According to Rule 1 of Chapter III, an Administrative Committee was formed, consisting of the Chief Justice, the Judge in the Adminis...

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Suleman Noormohamed Vs. Umarbhai Janubhai [1978] INSC 50 (23 February 1978)

Judgement Date : 23 Mar 1978

Citation : 1978 Latest Caselaw 50 SC

Bombay Rents, Hotel and Lodging House Rates Control Act, 1947
Bombay Rents, Hotel and Lodging House Rates Control Act, 1947

Nagindas Ramdas Vs. Dalpatram Ichharam @ Brijram & Ors [1973] INSC 227 (30 November 1973)

Headnote :

The landlord, as the appellant, initiated legal proceedings against the tenant, the respondent, seeking an eviction decree based on non-payment of rent and genuine personal necessity, as stipulated by the Bombay Rents, Hotel and Lodging House Rates Control Act of 1947. The tenant submitted a written...

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Inder Singh & ANR Vs. The State (Delhi Admn.) [1978] INSC 51 (24 February 1978)

Judgement Date : 24 Feb 1978

Citation : 1978 Latest Caselaw 51 SC

Constitution of India
Criminal Procedure Code, 1973

Headnote :

The petitioners, aged 16 and 20, were found guilty of offenses under Section 302 in conjunction with Section 34 and Section 307 of the Indian Penal Code (I.P.C.), and were sentenced to life imprisonment by the trial court. The High Court upheld both the conviction and the sentence imposed on the acc...

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Surinder Mohan Vikal Vs. Ascharaj Lal Chopra [1978] INSC 52 (28 February 1978)

Judgement Date : 28 Feb 1978

Citation : 1978 Latest Caselaw 52 SC

Criminal Procedure Code, 1973
CrPC Section 468. Bar to taking cognizance after lapse of the period of limitation
CrPC Section 470. Exclusion of time in certain cases
CrPC Section 482. Saving of inherent power of High Court
Indian Penal Code, 1860 (IPC)

Headnote :

Section 468 of the Criminal Procedure Code (Act 2 of 1974) prohibits taking cognizance of an offense after the limitation period has expired. According to subsection (2) of Section 468, the limitation periods are as follows: (a) six months for offenses punishable only with a fine; (b) one year for o...

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Himmatbhai Son of Chaganlal Vs. Rikhilal & Ors [1978] INSC 53 (28 February 1978)

Judgement Date : 28 Feb 1978

Citation : 1978 Latest Caselaw 53 SC

Code of Civil Procedure, 1908 (CPC)

Headnote :

In the enforcement of a monetary decree, a property owned by respondents Nos. 1 to 16 and 18 was auctioned off to the appellant in a court sale. The judgment debtor, Babulal, who is respondent No. 18, submitted a petition under Order 21, Rule 90 of the C.P.C. to annul the sale.Subsequently, on behal...

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Shivraj Fine Art Litho Works Vs. The State Industrial Court, Nagpur & Ors, [1978] INSC 54 (28 February 1978)

Judgement Date : 28 Feb 1978

Citation : 1978 Latest Caselaw 54 SC

Industrial Disputes Act, 1947

Headnote :

An industrial award known as the Puranik Award, dated October 26, 1956, established a minimum wage of Rs. 35/- for the Litho Industry in the Vidarbha region. This award was terminated effective July 22, 1958, following a notice from the employees of the Litho Industry dated January 22, 1958. While a...

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Shibji Khestshi Thacker Vs. Commissioners of Dhanbad Municipality & Ors [1978] INSC 55 (28 February 1978)

Judgement Date : 28 Feb 1978

Citation : 1978 Latest Caselaw 55 SC

Headnote :

The Commissioner of Dhanbad Municipality filed a lawsuit against the appellant and respondents 2 to 5 to recover holding tax and latrine tax, which were overdue municipal taxes for the period from the first quarter of 1950-1951 to the third quarter of 1953-54, concerning a property owned by them. Th...

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Savanth (K.) Vs. Mysore Road Transport Corporation & ANR [1978] INSC 56 (28 February 1978)

Judgement Date : 28 Mar 1978

Citation : 1978 Latest Caselaw 56 SC

Industrial Disputes Act, 1947

Headnote :

Following the Reorganisation of States and the establishment of the expanded Mysore State, along with the growth of the Mysore Government Road Transport Department, it was deemed essential by both the State Transport Employees Federation and the Transport Department\'s Management to implement unifor...

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