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1 - 8 of 8 (0.20 seconds)The Maternity Benefit Act, 1961
Pasupuleti Venkateswarlu vs The Motor & General Traders on 18 March, 1975
This Courts judgment in Pasupuleti Venkateswarlu v. Motor & General Traders (AIR 1975 SC 1409) read in its statutory setting, falls in this category. Where a cause of action is deficient but later events have made up the deficiency, the court may, in order to avoid multiplicity of litigation, permit amendment and continue the proceeding, provided no prejudice is caused to the other side. All these are done only in exceptional situations and just cannot be done if the statute, on which the legal proceeding is based, inhibits, by its scheme or otherwise, such change in the cause of action or relief. The primary concern of the court is to implement the justice of the legislation.
V.P.R.V. Chockalingam Chetty vs Seethi Ache on 28 October, 1927
Rights vested by virtue of a statute cannot be divested by this equitable doctrine (see V.P.R.V. Chockalingam Chetty v. Seethai Ache [AIR 1927 PC 252])"
B. Shah vs Presiding Officer, Labour Court, ... on 12 October, 1977
14. There is no provision under the M.B. Act fixing any ceiling on the number of deliveries made by a female worker. So long as Article 42 of the Constitution read with the provisions of the M.B. Act is available, every female worker covered by the Act is entitled to claim maternity benefits without any ceiling on the number of deliveries made by them. That will be the correct interpretation which will be in tune with the judgment of the Supreme Court rendered in B. Shah's case (cited supra).
The Beedi and Cigar Workers (Conditions of Employment) Act, 1966
Article 226 in Constitution of India [Constitution]
Rajesh D. Darbar & Ors vs Narasingrao Krishnaji Kulkarni & Ors on 6 August, 2003
In this context, regarding the power of this Court to mould the relief, it is necessary to refer to the judgment of the Supreme Court in Rajesh D. Darbar v. Narasingrao Krishnaji Kulkarni [(2003) 7 SCC 219] and the relevant passage found paragraph 4 of the said judgment may be usefully extracted below:
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