Caselaw | Supreme Court Judgements of october 1983

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Mohd. Yunus Vs. Mohd. Mustaqim & Ors [1983] INSC 140 (4 October 1983)

Judgement Date : 04 Oct 1983

Citation : 1983 Latest Caselaw 140 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
Limitation Act, 1963

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

When the judgment-debtor failed to comply with the decree against him, the disputed property was sold to enforce the decree. The surety submitted an application under section 151 of the Code of Civil Procedure, but did not specify the order under which the application was filed.The Subordinate Judge...

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K. L. Tripathi Vs. State Bank of India & Ors [1983] INSC 141 (4 October 1983)

Judgement Date : 04 Oct 1983

Citation : 1983 Latest Caselaw 141 SC

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)
Union of India Vs. H. C. Goel [1963] INSC 185 (30 August 1963)

Headnote :

Based on a complaint against the appellant, who was a Branch Manager at the first respondent Bank, the Bank\'s Head Office initiated a preliminary inquiry. After reviewing the inquiry report, they instructed one of their officers to conduct a formal investigation according to the Bank\'s service rul...

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Union of India & ANR Vs. Smt. Shanti Devi [1983] INSC 142 (5 October 1983)

Judgement Date : 05 Oct 1983

Citation : 1983 Latest Caselaw 142 SC

Land Acquisition Act, 1894
Land Acquisition Act, 1894
Punjab Reorganisation Act, 1966
Punjab Reorganisation Act, 1966
Punjab Reorganisation Act, 1966

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

Certain lands were designated for acquisition in 1962 and 1963 under section 4(1) of the Land Acquisition Act, 1894. Regarding compensation payment, the Land Acquisition Officer, referencing a previous award for similar lands acquired for the same public purpose, applied the same criteria to establi...

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U.P. State Electricity Board & ANR Vs. The Labour Court (I) U.P., Kanpur & Ors [1983] INSC 143 (6 October 1983)

Judgement Date : 06 Oct 1983

Citation : 1983 Latest Caselaw 143 SC

Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948
Electricity (Supply) Act, 1948
Industrial Employment (Standing Orders) Act, 1946

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

The respondent, a workman, began his employment as a coolie in 1945 with the Kanpur Electricity Supply Corporation Limited. At that time, the company did not have any retirement age policies, so his date of birth was not recorded on his service card. When the Corporation was nationalized, the new ma...

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Ram Sarup Vs. Union of India & Ors [1983] INSC 144 (6 October 1983)

Judgement Date : 06 Oct 1983

Citation : 1983 Latest Caselaw 144 SC

Code of Civil Procedure, 1908 (CPC)

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

The appellant, who is an indigent person, initiated a lawsuit in the Subordinate Court challenging the validity of an order that dismissed him from service. After a contested hearing, the suit was dismissed. Subsequently, he filed an appeal in the High Court as a pauper, accompanied by an applicatio...

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Workmen of The Bharat Petroleum Corporation Ltd. (Refiningd Vs. Bharat Petroleum Corporation Ltd. & ANR [1983] INSC 145 (6 October 1983)

Judgement Date : 06 Oct 1983

Citation : 1983 Latest Caselaw 145 SC

Industrial Disputes Act, 1947

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

An industrial dispute concerning the increase of the retirement age for clerical staff in the Refinery Division of the respondent oil company in Bombay from 55 to 60 years was brought before the Industrial Tribunal.The workers argued that there was a prevailing trend in the Bombay area to set the re...

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Glaxo Laboratories Vs. The Presiding Officer, Labour Court Meerut & Ors [1983] INSC 146 (6 October 1983)

Judgement Date : 06 Oct 1983

Citation : 1983 Latest Caselaw 146 SC

Industrial Disputes Act, 1947

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)
Mahendra Singh Dhantwal Vs. Hindustan Motors Ltd. & Ors [1976] INSC 149 (7 May 1976)

Headnote :

The appellant company issued a chargesheet against the second respondent and several of his striking colleagues for breaching clauses 10, 16, and 30 of Standing Order 22, alleging that they boarded a bus with \'loyal workers\' and assaulted them at various locations during the trip.Clause 10 of S.O....

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Union of India & Ors Vs. Bombay Tyre International Ltd. [1983] INSC 147 (7 October 1983)

Judgement Date : 07 Oct 1983

Citation : 1983 Latest Caselaw 147 SC

Central Excises and Salt Act, 1944
Constitution of India
Government of India Act, 1935
Punjab Urban Immovable Property Tax Act, 1940

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

Subsection (1) of Section 3 of the Central Excises and Salt Act, 1944 states that excise duties shall be imposed and collected on all excisable goods produced or manufactured in India, excluding salt, at the rates specified in the First Schedule. Subsection (2) of Section 3 grants the Central Govern...

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Raisuddin @ Babu Tamchi Vs. State of Uttar Pradesh & ANR [1983] INSC 148 (7 October 1983)

Judgement Date : 07 Oct 1983

Citation : 1983 Latest Caselaw 148 SC

National Security Act, 1980

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

The petitioner, who was detained under section 3(3) of the National Security Act, 1980, contested the legality of his detention, arguing that there was an unreasonable delay by the detaining authority in sending his representation to the State Government. He also claimed that there was a breach of t...

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The New Theaters (Carnatic Talkies) Ltd., Coimbatore. Vs. N. Vajrapani Naidu [1983] INSC 149 (7 October 1983)

Judgement Date : 07 Oct 1983

Citation : 1983 Latest Caselaw 149 SC

Madras City Tenants Protection Act, 1921
Presidency Small Cause Courts Act, 1882
Presidency Small Cause Courts Act, 1882
Presidency Small Cause Courts Act, 1882

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

The respondent and his mother leased an open plot of land for 20 years to an individual who built a theater on it. This individual later transferred his rights to the appellant, who was then recognized as a tenant by the respondent. Subsequently, the respondent issued a notice to the appellant, requ...

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Kamlakar Prasad Chaturvedi Vs. State of M. P. & ANR [1983] INSC 150 (7 October 1983)

Judgement Date : 07 Oct 1983

Citation : 1983 Latest Caselaw 150 SC

National Security Act, 1980

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)
Rekhaben Virendra Kapadia Vs. State of Gujarat & Ors [1978] INSC 224 (7 November 1978)

Headnote :

The petitioner, who was held under section 3(2) of the National Security Act, 1980, was presented with seven grounds for detention by the Detaining Authority. The first two grounds pertained to incidents that took place over 5 years ago and approximately 3 years ago, respectively, prior to the deten...

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Krishna Priya Ganguly Vs. University of Lucknow & Ors [1983] INSC 151 (7 October 1983)

Judgement Date : 07 Oct 1983

Citation : 1983 Latest Caselaw 151 SC

Indian Medical Council Act, 1956

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

This set of appeals originated from requests made by several candidates seeking admission to post-graduate programs at the Medical Colleges in Uttar Pradesh. In some cases, the candidates were the appellants while the State was the respondent, and in other cases, the roles were reversed. On December...

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Shiv Chand Amolak Chand Vs. Regional Transport Authority & ANR [1983] INSC 152 (7 October 1983)

Judgement Date : 07 Oct 1983

Citation : 1983 Latest Caselaw 152 SC

Gwalior
Motor Vehicles Act, 1939

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

The appellants possessed a stage carriage permit issued by the Regional Transport Authority for the Dabra-Karera route, which extended to Gwalior. On June 22, 1978, they requested a modification of this route, resulting in the removal of the segment from Karera to Shivpuri. Subsequently, a notificat...

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Pandurang Dattatreya Khandekar Vs. The Bar Council of Maharashtra, Bombay & Ors [1983] INSC 153 (10 October 1983)

Judgement Date : 10 Oct 1983

Citation : 1983 Latest Caselaw 153 SC

Advocates Act, 1961
Hindu Marriage Act, 1955

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

The appellant and another lawyer were deemed guilty of professional misconduct by the Disciplinary Committee of the Bar Council of India in its ruling dated April 23, 1976. The core of the allegations against them involved providing inappropriate legal advice on two particular issues. The Disciplina...

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B.S. Minhas Vs. Indian Statistical Institute & Ors [1983] INSC 154 (19 October 1983)

Judgement Date : 19 Oct 1983

Citation : 1983 Latest Caselaw 154 SC

Constitution of India

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

The Indian Statistical Institute was established under the Societies Registration Act and is governed by the Indian Statistical Institute Act of 1959. Its management is entirely under the Union of India, which is the fifth respondent in the appeal. The Institute has been recognized as an \'Institute...

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Acharya Jagdishwaranand Avadhuta, Vs. Commissioner of Police, Calcutta & ANR [1983] INSC 155 (20 October 1983)

Judgement Date : 20 Oct 1983

Citation : 1983 Latest Caselaw 155 SC

Constitution of India
CrPC Section 454. Appeal against orders under section 452 or section 453

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)
Babulal Parate Vs. State of Maharashtra & Ors [1961] INSC 10 (12 January 1961)

Headnote :

Respondent No. 1 was accused of issuing repeated orders under Section 144 of the Code of Criminal Procedure, 1973, starting in August 1979, which prohibited any member of a procession or assembly of five or more individuals from carrying firearms, explosives, swords, spears, knives, tridents, lathis...

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M/S Punjab Tin Supply Co., Chandigarh Vs. The Central Government & Ors [1983] INSC 156 (20 October 1983)

Judgement Date : 20 Oct 1983

Citation : 1983 Latest Caselaw 156 SC

Constitution of India
East Punjab Urban Rent Restriction Act, 1949

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

The Parliament enacted the East Punjab Urban Rent Restriction Act (Extension to Chandigarh) Act, 1974, which came into effect on November 4, 1972, thereby enforcing the East Punjab Urban Rent Restriction Act of 1949, previously applicable in the former State of Punjab, with certain modifications spe...

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Commissioner of Wealth Tax, Madras Vs. K. S. N. Bhatt [1983] INSC 157 (21 October 1983)

Judgement Date : 21 Oct 1983

Citation : 1983 Latest Caselaw 157 SC

Income Tax Act, 1961
Wealth Tax Act, 1957

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

In the assessment proceedings conducted under the Wealth Tax Act for four assessment years, the assessee sought deductions in the calculation of his net wealth for liabilities related to income tax, wealth tax, and gift tax. The Wealth Tax Officer approved only a portion of the claimed deductions. T...

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Commissioner of Wealth Tax, Gujarat, Ahmedabad Vs. Vadilal Lallubhai [1983] INSC 158 (21 October 1983)

Judgement Date : 21 Oct 1983

Citation : 1983 Latest Caselaw 158 SC

Wealth Tax Act, 1957

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

The taxpayer, while calculating his net wealth, sought to deduct certain debts, which included estimated liabilities for income tax, wealth tax, and gift tax. The Wealth Tax Officer denied this deduction, arguing that since these liabilities were based on estimates, they could not be considered as d...

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Commissioner of Wealth Tax, Gujarat Vs. Vimlabeen Vadilal Mehta [1983] INSC 159 (21 October 1983)

Judgement Date : 21 Oct 1983

Citation : 1983 Latest Caselaw 159 SC

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

During the hearing of an appeal regarding an assessment order issued under the Wealth Tax Act for the assessment year 1964-65, the respondent, who was the assessee, sought to deduct an amount in the calculation of net wealth. This amount included the income tax and wealth tax liabilities that arose...

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Sher Singh & Ors Vs. Union of India & Ors [1983] INSC 160 (21 October 1983)

Judgement Date : 21 Oct 1983

Citation : 1983 Latest Caselaw 160 SC

Constitution of India
Motor Vehicles Act, 1939
Road Transport Corporations Act, 1950

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

The petitioner in the Special Leave Petition held a Stage carriage permit for an inter-State route and possessed multiple permits for operating on that route. As some of these permits had expired, he sought renewal under section 58 of the Motor Vehicles Act, 1939 from the Regional Transport Authorit...

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Soundararaj Vs. Devasahayam & Ors [1983] INSC 161 (24 October 1983)

Judgement Date : 24 Oct 1983

Citation : 1983 Latest Caselaw 161 SC

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

The appellant initiated a lawsuit in the District Munsiffs\' Court seeking to establish the boundaries of his property in relation to the respondents\' property. He also requested a mandatory injunction requiring the respondents to remove the eaves that extended over to his side, causing water from...

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Forasol Vs. Oil & Natural Gas Commission [1983] INSC 162 (25 October 1983)

Judgement Date : 25 Oct 1983

Citation : 1983 Latest Caselaw 162 SC

Code of Civil Procedure, 1908 (CPC)

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

Forasol, a French company based in Paris, France, entered into a contract on February 17, 1964, with the Oil and Natural Gas Commission (ONGC), a government entity of India, to conduct structural drilling for oil exploration in India.According to Article IX-3 of the contract, the operational fee, st...

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Charanji Lal Vs. State of Punjab [1983] INSC 163 (25 October 1983)

Judgement Date : 25 Oct 1983

Citation : 1983 Latest Caselaw 163 SC

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

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

Statutory Interpretation - The language used by the legislature does not always convey a straightforward meaning.Words and Phrases - Damage - Definition. A Food Inspector collected a sample of kutcha khoya from the appellant\'s shop, divided it into three equal portions, sealed them, and sent one po...

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Principal, King George's Medical College Lucknow Vs. Dr. Vishan Kumar Agarwal & ANR [1983] INSC 164 (25 October 1983)

Judgement Date : 25 Oct 1983

Citation : 1983 Latest Caselaw 164 SC

Constitution of India

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

Dr. Vishan Kumar Agarwal, the Respondent, completed his M.B.B.S. Examination at Lucknow University in July 1971, followed by a one-year rotating compulsory internship, after which he registered as a medical graduate with the State Medical Council. In August 1972, he was appointed as a Medical Office...

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Motor General Traders & ANR Vs. State of Andhra Pradesh & Ors [1983] INSC 165 (26 October 1983)

Judgement Date : 26 Oct 1983

Citation : 1983 Latest Caselaw 165 SC

Andhra Pradesh Buildings (Lease, Rent And Eviction) Control Act, 1960
Andhra State Act, 1953
Code of Civil Procedure, 1908 (CPC)
Constitution of India
Gwalior
States Reorganisation Act, 1956

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

On October 1, 1953, the State of Andhra was established, and the Madras Buildings (Lease, Rent and Eviction) Control Act of 1949 remained in effect within the State.The region known as Telangana was integrated with Andhra, leading to the formation of the new State of Andhra Pradesh on November 1, 19...

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Chandrika Jha Vs. State of Bihar & Ors [1983] INSC 166 (27 October 1983)

Judgement Date : 27 Oct 1983

Citation : 1983 Latest Caselaw 166 SC

Constitution of India

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

Bye-law 29 of the Bihar Co-operative Society Rules, 1959 states that the management of a Co-operative Bank is to be overseen by a Board of Directors. The initial Board of Directors is to be appointed by the Registrar for a term not exceeding one year at a time, with a maximum of three Co-operative y...

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Dr. P. Nalla Thamby Thera Vs. Union of India & Ors [1983] INSC 167 (28 October 1983)

Judgement Date : 28 Oct 1983

Citation : 1983 Latest Caselaw 167 SC

Motor Vehicles Act, 1939

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

The Court dismissed the petition, made specific observations, and stated that it could not issue any directives, other than awarding costs.

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Dr. P. Nalla Thampy Thera. Vs. B.L. Shanker & Ors [1983] INSC 168 (28 October 1983)

Judgement Date : 28 Oct 1983

Citation : 1983 Latest Caselaw 168 SC

Code of Civil Procedure, 1908 (CPC)
Representation of the People Act, 1951

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)
Dhoom Singh Vs. Prakash Chandra Sethi & Ors [1975] INSC 41 (20 February 1975)
Charan Lal Sahu Vs. Nandkishore Bhatt & Ors [1973] INSC 126 (1 August 1973)
Inamati Mallappa Basappa Vs. Desai Basavaraj Ayyappa & Ors [1958] INSC 45 (22 April 1958)
Jagan Nath Vs. Jaswant Singh & Ors [1954] INSC (20 January 1954)

Headnote :

Respondent No. 2, one of 28 candidates in the election for a Lok Sabha seat, was declared the winner. Respondent No. 1, a rival candidate, filed an Election Petition seeking to annul Respondent No. 2\'s election under section 100 (1) (b) of the [Representation of the People Act, 1951](https://www.la...

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Viklad Coal Merchant, Patiala, Vs. Union of India & Ors [1983] INSC 169 (28 October 1983)

Judgement Date : 28 Oct 1983

Citation : 1983 Latest Caselaw 169 SC

Constitution of India

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

Section 27 of the Indian Railways Act, 1890 imposes an obligation on the railway administration to ensure the receipt and forwarding of traffic without unreasonable delays and without favoritism. Section 28 prohibits the railway administration from granting undue or unreasonable preference or advant...

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Babaji Kondaji Garad Vs. The Nasik Merchants Co-Operative Bank Ltd., Nasik & Ors [1983] INSC 170 (31 October 1983)

Judgement Date : 31 Oct 1983

Citation : 1983 Latest Caselaw 170 SC

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)

Headnote :

Upon the expiration of the term of the committee known as the Board of Directors of a specific society under the Maharashtra Cooperative Societies Act, 1960, the Collector announced the election schedule without indicating that two of the committee seats would be reserved: one for members from the S...

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State of Tamil Nadu, Etc, Vs. L. Abu Kavur Bai & Ors [1983] INSC 171 (31 October 1983)

Judgement Date : 31 Oct 1983

Citation : 1983 Latest Caselaw 171 SC

Code of Civil Procedure, 1908 (CPC)
Constitution of India
Indian Penal Code, 1860 (IPC)
IPC Section 21. Public Servant

State of U.P. & Ors Vs. L.J. Johnson & ANR, [1983] INSC 118 (8 September 1983)
Akadasi Padhan Vs. State of Orissa [1962]347 (5 December 1962)

Headnote :

The transport sector can be nationalized through two approaches: (i) the Government can act under Chapter IV-A, specifically sections 68 (b) and (c) of the Motor Vehicles Act of 1939, after developing a plan to take over specific routes, and (ii) a more comprehensive approach involves nationalizing...

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