Insightful Analysis and Commentary on Landmark judgements. Read the case summaries on Legalsmriti.com
The Food Corporation of India Staff Union v. Food Corporation of India & Ors, Air 1995 SC 1344. In this case supreme court laid down norms and procedures to be followed for assessing the representative character of a trade union by the ‘Secret Ballot” system. Facts: In this case, there are more than one registered …
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Surajmani Stella Kujur vs Durga Charan Hansdah & Anr AIR 2001 SC 938:(2001) 3 SSC 13 PROVISION FACTS OF THE CASE LEGAL ISSUE CONTENTION OF THE PARTIES JUDGEMENT OF THE COURT CONCLUSION
White v. John Warrick & Co., Ltd. (1953)2 All ER 1021) In White v. John Warrick & Co. Ltd., it was investigated whether an exemption clause in a contract for a tricycle rental, could release the defendant from obligations if an injury is caused to the plaintiff while using the tricycle, under both the contract …
P. Seetharamayya v. G. Mahalakshmamma, (AIR 1958 AP 103) The case law of P. Seetharamayya v. G. Mahalakshmamma is an example of damnum sine injuria, which refers to damages (loss) without any legal injury. Provision: Damnum sine injuria and one’s riparian rights to protect one’s land Facts: Issues Judgement Effect of judgement In P. Seetharamayya …
Town Area Committee v. Prabhu Dayal (AIR 1975 All. 132) In Town Area Committee v. Prabhu Dayal, it was decided that it is not required to determine whether a lawful action was carried out with mala fide purpose when it is legitimate and authorized by the law. Provision: Damnum sine injuria does not lead to …
In Re Inland Steam Navigation Worker’s Union AIR 1936 Cal 59 It is the duty of the registrar to register the Union if all requirements of the Act are satisfied. provision : Section 8 of the Trade Union act- the satisfaction of the registrar Facts: Issue: Whether the registrar’s decision was right or not? Court …
The Tamil Nadu Non-Gazetted Government Officers’ Union, Madras v. The Registrar of Trade Unions, AIR 1962 Mad. 234 Government servants engaged in sovereign government activities cannot be permitted to form a trade union. Provision: Facts: Issue: Whether non-gazetted government officers can form trade unions or not? Court observation:The court agreed with the decision of the …
Rangaswami v. Registrar of Trade Unions AIR 1962 Mad. 231 The order of the Registrar of Trade Union refusing to register the union of Employees of the Madras Raj Bhawan as a trade union under the Act was upheld. Provision: Section 4 of the trade Union act deals with the mode of registration of a …
G. Basi Reddy v. International Crops Research (2003) 4 SCC225 This case is concerned with the meaning of ‘state’ under article 12 of the Indian Constitution Provision : Article 12 of the Indian Constitution Facts: Issue: Observation: There is no constitutional violation because the agreement between the Indian government and CGAIR is solely contractual. Decision: …
Pradeep Kumar Biswas v. Indian Institute of Chemical Biology (2002) 5 SCC 111 This case is one of the Supreme Court’s landmark decisions in constitutional law concerning the applicability of Article 12 of the Indian constitution to central bodies like the Council of Scientific and Industrial Research (CSIR). Provision: Article 12 of the Indian Constitution …
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