Central Provinces Transport Services Ltd vs. Raghunath Gopal Patwardhan
Legal journal for contemporary society
by LJCS
2y ago
 Facts of the case: The appellant company was a public limited company, and the respondent was employed in the same. Goods belonging to the company were stolen at this time and the blame fell on the respondent. A subsequent enquiry was conducted, and the respondent was found guilty of gross negligence and misconduct which resulted in his dismissal. He was then prosecuted for theft, but it ended in his acquittal. He filed an application for reinstatement into the company after this but failed. He then filed a complaint before the Labour commission for reinstatement and compensation of loss ..read more
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Bangalore Water Supply and Sewerage Board vs. A Rajappa and Others 1978 SCR (3) 207
Legal journal for contemporary society
by LJCS
2y ago
 Facts of the Case: The respondent employees were found guilty of misconduct and thereby, were fined by the appellant board. Dissatisfied with this, the employees filed a claims application before the Labour Court under the Industrial Disputes Act, arguing that the punishment was against natural justice. The appellant board argued that it was not an ‘industry’ according to the terms of Industrial Disputes Act, and consequently, the Labour Court had no jurisdiction to adjudicate the case. This claim was overruled. Subsequently, the appellant board filed two writ petitions before the Karnat ..read more
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Steel Authority of India Ltd. vs. National Union Water Front Workers
Legal journal for contemporary society
by LJCS
3y ago
 Facts of the case: The appellants, a central government company is engaged in the sale and manufacture of various types of iron and steel materials. Contractors were entrusted with the work of handling the goods in their stockyards. On July 15, 1989, the Government of West Bengal issued a notification prohibiting the employment of contract labour in four specific stockyards in Calcutta under Section 10(1) of the CLRA Act. This notification was kept in abeyance initially for six months and thereafter, extended that period from time to time but stopped extending after August 31, 1994. The ..read more
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Workmen of Firestone Tyre and Rubber Co. of India v. The Management and Ors.I Labour laws in India
Legal journal for contemporary society
by LJCS
3y ago
  Introduction Labour laws or Industrial laws are those set of regulations or precedents that define the rights and obligations of working people and their organizations. It mediates various aspects of the relationship between employers and employees ensuring that the workplaces are safe, industrial relations are maintained and most importantly, the employment standards or wages are not exploitative. Labour laws can be categorized into two categories. First, collective labour laws that relate to the tripartite relationship between employer, employee, and union. Second, individual labour l ..read more
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The Power of Investigation: Center using CBI for State Investigation and its Constitutionality
Legal journal for contemporary society
by LJCS
3y ago
The Central Bureau of Investigation (CBI) keeps stirring debates throughout the country every now and then[1]. The agency never seems to be out of heated exchanges between the Central Government and the State Governments, often depicted as a scapegoat between the two. In view of the constant tug of war, there seems no solution on the horizon even when the apex court of the country has itself taken up the review of the agency several times passing various important judgements[2]. This article closely examines the constitutionality of the CBI and deduces the suggestions to further the streng ..read more
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Legality of Population Control Law in India 2021
Legal journal for contemporary society
by LJCS
3y ago
  The Indian population is seen as the most significant impediment to the country's economic growth, and it is often used as a scapegoat by administrations trying to explain their ineptitude. The "two-child policy" is constantly at the center of the population discussion. However, limiting family size has not only constitutional implications, but it is also a fruitless effort to control population increase. In recent years, several private member proposals have been introduced in Parliament arguing for the two-child rule. Several Public Interest Litigations, or PILs, have been filed in ..read more
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Motor vehicle accidents victims and their rights
Legal journal for contemporary society
by LJCS
3y ago
Abstract India is well-known for being one of the world’s most accident-prone nations, with almost 1,50,000 casualties — or 10% of all motor vehicle-related deaths worldwide. However, the discussion often focuses on reducing traffic deaths by integrating deterrents into legislation rather than on the victims’ rights. This pattern has continued in the debate about the Motor Vehicles (Amendment) Act 2019, as demonstrated by the excessive press attention offered to the increased fines that would be imposed on criminals. Though regrettable, the absence of victim-centricity in the dialogue is unsur ..read more
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Aishwarya Atul Pulsalkar v. Maharashtra Housing Development Authority & Ors. [2020 SCC Online SC 408]
Legal journal for contemporary society
by LJCS
3y ago
  Background of the case: The Supreme Court of India passed the order on 27th April 2020. Therefore, the writ petition was filed by the appellate under Article 32 of the Constitution of India. According to the provision of Maharashtra Housing & Area Development Act, 1976 appellant was drive out as occupier; the claim of her rehousing was based on her status as a wife. The court diffused such right of her husband under Maharashtra Housing & Area Development Act, 1976. It clearly mentions that family property can be reconstructed according to the owner’s choice. Thus appropriate r ..read more
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Amit Sahni v. Commissioner of Police [2020 SCC OnLine SC 808]
Legal journal for contemporary society
by LJCS
3y ago
Background of the Case: The case was related to the Shaheen Bagh protest, it clearly states that public areas cannot be occupied indefinitely for expressing dissent. Article 19(1)(a) and 19(1)(b) of the Constitution of India states that freedom of speech and expression and to assemble peacefully without arms. Thus, it mentions that freedom is absolute but certainly reasonable restrictions are made under clauses 2 & 3 allows a state to make laws in regards to reasonable restrictions for maintaining foreign relations, sovereignty, integrity, and public order of India. The protest faced by ..read more
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Anuradha Bhasin v. Union of India [2020 3 SCC 637]
Legal journal for contemporary society
by LJCS
3y ago
Background: The Writ petition was challenged under Article 32 of the Constitution. On 5th August 2019, Constitutional Order 272 was issued by the President of India. It applies all provisions of the Indian Constitution in the State of Jammu and Kashmir with Article 367. The executive editor of Kashmir Times, Anuradha Basin, filed a writ petition against freedom of speech and expression under Article 19 of the Constitution, and Gulam Nabi Azad claimed a similar petition. Thus, the issue raised by these petitions were challenged in the Court of law that states the restriction was imposed on the ..read more
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