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1978 Supreme(SC) 251

D.A.DESAI, V.R.KRISHNA IYER
Basti Sugar Mills Company LTD. – Appellant
Versus
State Of U. P. – Respondent


Advocates:
G.N.DIKSHIT, M.V.GOSWAMY, MIRA BAHL, O.P.RANA, RANI CHHABRA, S.SWAROOP, Y.S.Chitale, YOGESHAR PRASAD

Judgment

KRISHNA IYER, J.,- Undaunted by a direction of the State Government under the Uttar Pradesh Industrial Disputes Act, 1947 (the U. P. Act, for short), unsuccessfully attacked before a learned single Judge and in appeal from his judgment, the appellant-owner of two sugar factories in Uttar Pradesh - has secured special leave to reach this Court and press before us a few jurisdictional points which, if valid, are deprivatory of the impugned notification under S. 3 (b) of the Act. Before we open the discussion, and, indeed, as paving the way for it, we may remind ourselves of a jural fundamental articulated elegantly in a different context by Mr. Justice Cardozo: *(1)

* (1) Benjamin Nathan Cardozo "What Medicine can do for Law" address before the New York Academy of Medicine, Nov. 1 1928 - Readings in Law and Psychiatry.

"More and more we lawyers are awaking to a perception of the truth that what divides and distracts us in the solution of a legal problem is not so much uncertainty about the law as uncertainty about the facts - the facts which generate the law. Let the facts be known as they are, and the law will sprout from the seed and turn its branches toward the light."

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