Equal Justice - Law Dictionary Search Results
Home Dictionary Name: equal justiceEqual justice
Equal justice, equal justice is an aspect of social justice the salvation of the very weak and down-trodden, and the methodology for levelling, them up to a real, not formal equality, being the accent, State of Kerala v. N.M. Thomas, (1976) 2 SCC 310: AIR 1976 SC 490: (1976) 1 SCR 906....
Commutative justice and distributive justice
Commutative justice and distributive justice, Aristotle's doctrine of justice of equality is called by him commutative justice which requires at least two persons while distributive justice requires at least three. Relative equality in treating different persons while grating relief according to need, or reward and punishment according to merit and guilt is the essence of distributive justice. While in commutative justice the two persons confront each other as co-equals, there or more persons are necessary in distributive justice in which one, who imposes burdens upon or grants advantages to the others, is superior to them. 'Therefore, it presupposes an act of distributive justice which has granted to those concerned, equality to rights, equal capacity to act, equal status.' [The Legal Philosophies of Lask, Radbruch and Dabin, p. 74] According to Radbruch, 'distributive justice is the prototype of justice. In it we have found the idea of justice, toward which the concept of law must be...
Social justice
Social justice, the concept of social justice has now become such an integral part of industrial law that it would be ideal for any party to suggest that industrial adjudication can or should ignore the claims of social justice in dealing with industrial disputes. The concept of social justice is not narrow, or onesided, or pedantic, and is not con-fined to industrial adjudication alone. Its sweep is comprehensive. It is founded on the basic ideal to socio-economic equality and its aim is to assist the removal of socio-economic disparities and in-equalities; nevertheless, in dealing with industrial matters, it does not adopt a doctrinaire approach and refuses to yield blindly to abstract notions, but adopts a realistic and pragmatic approach. It, therefore, endeavours to resolve the competing claims of employers and employees by finding a solution which is just and fair to both parties with the object of establishing harmony between capital and labour, and good relationship, J.K. Cotto...
Equal pay for equal work
Equal pay for equal work, it does not mean that all the members of a cadre must receive the same pay packet irrespective of their seniority, source of recruitment, educational qualifications and various other incidents of service, State of Andhra Pradesh v. G. Sreenivasa Rao, (1989) 2 SCC 290.Article 39(d) of the Constitution proclaims 'equal pay for equal work for both men and women' as a Directive Principle of State Policy. Equal pay for equal work for both men and women means equal pay for equal work for everyone and as between the sexes. The Preamble to the Constitution declares the solemn resolution of the people of India to constitute India into a Sovereign Socialist Democratic Republic. Again the word 'Socialist' must mean some thing. Even if it does not mean to each according to his need it must at least mean 'equal pay for equal work'.'The principle of equal pay for equal work is expressly recognized by all socialist systems of law, e.g., s. 59 of the Hungarian Labour Code, Pa...
Equally
In an equal manner or degree in equal shares or proportion with equal and impartial justice without difference alike evenly justly as equally taxed furnished etc...
Equality
Equality, Equality under art. 16 could not have a different content from equality under art. 14. Equality of opportunity for unequals can only mean aggravation of inequality. Equality of opportunity admits discrimination with reason and prohibits discrimination without reason, State of Kerala v. N.M. Thomas, (1976) 2 SCC 310: AIR 1976 SC 490: (1976) 1 SCR 906.The quality or state being equal; esp. likeness in power or political status, Black's Law Dictionary, 7th Edn., p. 597.Indian Constitution guarantees equality of opportunity to all citizens in the matter of employment or appointment to any office under the State, no citizen will be denied employment on the ground of religion, race, caste, sex and place of birth etc. However, the State can make special provision for reservation of posts for backward class citizens, Constitution of India, Art. 16(1), (2) & 4.The equality before law does not mean absolute equality of men, it only means equal subjection of all individuals to the ordin...
Justices
Justices, officers deputed by the Crown to ad-minister justice and do right by way of judgment. The judges of the Supreme Court are called justices, but the word is usually applied to petty magistrates who sit to administer summary justice in minor matters, and who are commonly called justices of the peace. They were first appointed in 1327 by 1 Edw. 3, st. 2, c. 16, and are now appointed by the king's special commission under the Great Seal, the form of which was settled by all the judges in 1590, and continues, with little alteration, to this day. Consult Putnam's Early Treatises on the Practice of the Justices of the Peace in the Fifteenth and Sixteenth Centuries. This appoints them all, jointly and severally, to keep the peace in the county named; and any two or more of them to inquire of and determine felonies and other misdemeanours in such county committed, in which number some particular justices, or one of them, are directed to be always included, and no business done without ...
Natural justice
Natural justice, the aim of the rules of natural justice is to secure justice or to put it negatively to prevent miscarriage of justice. These rules can operate only in areas not covered by any law validly made. In other words they supplant the rules of natural justice which are not embodied rules. What particular rule of natural justice should apply to a given case must depend to a great extent on the facts and circumstances of that case, the frame-work of the law under which the enquiry is held and the constitution of the Tribunal pointed for the purpose, A.K. Kraipak v. Union of India, AIR 1970 SC 150: (1969) 2 SCC 262.Historically, 'natural justice' has been used in a way 'which implies the existence of moral principles of self-evidence and unarguable truth'. In course of time, judges nurtured in the traditions of British jurisprudence, often involved it in conjunction with a reference to 'equity and good conscience'. Legal experts of earlier generations did not draw any distinctio...
Legal justice and natural justice
Legal justice and natural justice, the expression 'natural justice' and 'legal justice' do not present a water-tight classification. It is the substance of justice which is to be secured by both, and whenever legal justice fails to achieve this solemn purpose, natural justice is called in aid of legal justice. Natural justice relieves legal justice from unnecessary technicality, grammatical pedantry or logical prevarication. It supplies the omissions of a formulated law, Canara Bank v. Debasis Das, AIR 2003 SC 2041 (2047): (2003) 4 SCC 557....
Administration of justice
Administration of justice, means the right with a political community by means of the physical force of the State; the State's application of the sanction of force to the rule of right, Black Law Dictionary, 7th Edn., p. 45.Administration of justice has a wide meaning and includes administration of civil as well as criminal justice. The expression 'administration of justice' is wide enough to include the 'powers and jurisdiction of all the courts including the High Courts except the Supreme Court, Jamshed N. Guzdar'v. State of Maharashtra, (2005) 2 SCC 591. [Constitution of India, List 111, Entry 11A, Schedule 7]The word 'Administration of Justice in List 111, Entry 11-A in 7th Schedule of Constitution only shows that, the Topic ' Administration of Justice can be legislated on both by Union as well as the State legislatures, Union of India v. Cadell Weaving Mills Co. (P) Ltd., (2005) 2 SCC 590.--the expression 'administration of justice' has wide amplitude covering conferment of genera...
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