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february 1977

Supreme Court of India · 1977-02-15

ONKAR NATH & ORS. vs THE DELHI ADMINISTRATION

Citation / case number
SC 1976/61020
Court
Supreme Court of India
Petitioner
ONKAR NATH & ORS.
Respondent
THE DELHI ADMINISTRATION
Author
Y.V. CHANDRACHUD
Bench
Y.V. CHANDRACHUD

Judgment text excerpt

The Supreme Court upheld the conviction of the appellants under Rule 118 of the Defence of India Rules, 1971, for inciting workers to strike, affirming that judicial notice can be taken of imminent strikes without formal evidence. The Court clarified that the government can prohibit strikes even in the absence of an existing industrial dispute, emphasizing the preventive nature of such orders. The appeal was allowed, but the conviction was maintained, with the sentence reduced to the period already undergone, thus reinforcing the legal principle that judicial notice serves as proof for notorious facts.

ONKAR NATH & ORS. vs THE DELHI ADMINISTRATION · Niyam