LawPaws007

 Relation between Law and Morals Law vs Ethics Law is the set of principles which a particular community recognises as regulating the actions of its members and which it may enforce by the imposition of the penalties.          Morals are the set guidelines which define what is morally right or wrong. Law is enforced b y the ruling body or the community, state or bodies of a country.          There is no specific authority t o enforce the moral code of conduct. Laws are c reated by the country or the state. Moral has no direct relationship to the constitution.  Law creates the constitution of a country. Morals do not have  a direct relation to the making of the constitution. Law is influenced by morality. Moral emerges as the ideal set of rules. There are direct punishments for those who violate the law. However, there is no direct punishment for those who violate morals. There is a direct and strict punishment for those who do not follow laws. However, it is up to the person hims

  Theories of Punishment Introduction One of the chief purposes of the law is to restrict the people to do wrong. This includes punishing the wrongdoer so as to create fear , however, creating to fear is not the only intention. Here we will look at the purpose of punishments. Punishment in Ancient India In the Ancient Indian period, the punishments were not so strict. The people were extricated from the country. At the zenith, they were made to be thrown in jail. Punishment in Medieval India At the time of medieval India, the people were given stricter punishments. Their arms were cut. They were given the transportation of life. They were put in jail. They were sent on an exile.  Punishment under British Empire In the case of the British Empire, the people were given the punishment in a relatively formal manner. Each offence was equated to certain punishment. Various punishments were defined under Indian Penal Code, 1860. The procedure was explained in the Code of Criminal Procedure, 1

 Precedents Introduction Precedents is an important source of law. It is as important as customs in the law. Cicero enumerates res judicata  as the source of law. The notion of precedents have the same force as that of powers or any other statute. Meaning According to Gray: A precedent covers everything said or done which furnished a rule for the subsequent practice. According to Keeton, a judicial precedent is a judicial decision to which authority has, in some measure, been attached. According to Jenks, a judicial precedent in a decision by a competent court of justice upon a disputed point of law, which becomes a guiding force for all the inferior courts. In short, we can say precedent means the guidance or authority of past decisions for future cases. Reasons for the reception of Precedents The justification of the binding rule of precedents is because:   It is based on practical experience rather than logic only. It is based on convenience. It prevents the labour of judges as the

 Employee State Insurance Act Case Laws Churtaman Rao vs State of MP An independent contractor who performs contracts by making bidis in the factory is an independent contractor. Hence, he would not be covered as an employee. As no employer-employee relationship was set up no compensation would be granted to him. Janki Ammal vs Divisional Engineer 1956 Employees must prove that at the time of employer's business or in furtherance of the same, he should not do something for his own personal gain.  State of Rajasthan vs Ram Prashad and Ors. Employee died in the course of employment due to natural lightening while working on the site. Held: He is an employer as he died in the course of employment. Therefore, he would be allowed the compensation. Tremain vs Pike, 1970 There should be reasonable steps taken to avoid exposing the servant to the reasonable risk of injury. Mackinnon Mackenzie & Co. Ltd. vs Miss Velma William, 1964 If the person died in the course of employment it was h

  Madan Mohan Verma vs Mohan Lal 1993 Compensation shall be payable on the date of the accident. PC Abdulla Kutty vs C. Janki 1953 A widow cannot be given reduced wages on the ground of contributory negligence. Rajban  vs Rahim Bux, 1969 An unmarried daughter is not included as a woman who has been divorced. Manada Debi vs Bengal Bone Mill, 1940 The widowed stepmother is not included as the widowed mother under this Act. Raghmath Sahai vs Sarup Singh, 1962 Managing agents are not subordinate to the employer. Subordinate means subordinate in law not in fact. JC Mill Ltd. vs Deshraj Singh Free accommodation is included in the privileges of benefit. Godavari Sugar Mill vs Shakuntala, 1948 Overtime payment or allowance would be included as privileges of benefit. Badler Prashad vs Trijugi Sitaram, 1964 Gratuity payable to an employee after retirement is included in the privileges of benefit. Thomas vs Baber, 1995 Babu fell from a coconut tree. He was an independent contractor. Question aris

  Case Laws based on Equal Remuneration Act  Randhir Singh vs Union of India, 1982 It was held that though equal pay for equal wages is not the fundamental right under the constitution, still it is considered as a certain constitutional goal. Surinder Singh vs Engineer in Chief PWD, 1986 Daily wages would be entitled the workers doing the identical work in the same department.  State of West Bengal & Ors. vs Hari Narayan Showal and Ors. In case an expert committee is paid more as compared to the daily wage workers, a writ cannot be issued under Article 14 and 32. It was held that the level of expertise found is not equal. Hence, equal wages would not be paid. State of Punjab vs Talwinder Singh and Ors 2004 Daily wage workers claimed parity of pay scale with those on regular basis. Granting minimum wages according to the pay scale was held valid. Govt of West Bengal cat vs Tarun K. Roy, 2004 The principle of equal wages cannot apply in case where the educational qualification of two

  Minimum Wages Act, 1948 Crown Aluminium Works vs Their Workmen 1958 The developing countries face unemployment. However, to let every man avail at least the basic amenities, their should be minimum wages provided to him. Hydro (Engineers) Private Limited vs Workman The workmen should be provided the wages so as they can afford basic education, and medical amenities. This includes the wages to avail the works for the efficiency of the workers. Edward Mill Co. Ltd. vs State of Ajmer, 1954 The state makes provisions for the suspension of laissez fair provisions. The State tries to work on the Socialist pattern as enshrined in the Preamble and ensures minimum wages to the individuals. Bijay Cotton Mill Ltd. vs State of Ajmer, 1955 The freedom of trade under Article 19(1) and Article 19(6) are made to impose general public with the general welfare as ensured in the constitution. Krishna Ayer vs Superintending Engineer, PWD Madras 1949 It was held that a managing director is an employee. R