Living Will - A living will is a legal document that outlines an individual's preferences regarding medical treatment in situations where they are unable to communicate their decisions. It ensures respect for personal autonomy and end-of-life choices. No direct reference in sources
Social and Economic Justice - Described as a living concept of revolutionary import that sustains the rule of law and the welfare state, emphasizing its dynamic and evolving nature essential for societal progress. This concept underpins legal interpretations and social policies. HPSEB Limited VS Bal Krishan - Himachal Pradesh, JASMER SINGH VS STATE OF HARYANA - Supreme Court, Damodaran Pillai VS Kerala Water & Waste Water Authority - Kerala, Motor And Machinery Manufacturers Ltd VS STATE OF WEST BENGAL - Calcutta
Living Wage - Defined as a wage higher than a fair or minimum wage, intended to cover basic needs and ensure a decent standard of living for a male earner. It is a dynamic concept that expands with economic conditions and societal expectations. Wage determination involves considering industry and regional factors, and the concept is not static but evolving. All India Reserve Bank Employees Association VS Bank Of India - Supreme Court, Standard Vacuum Refining Company Of India VS Its Workmen - Supreme Court
Human Living Concept - The idea that certain rights or conditions, such as residence or treatment, are fundamental to human dignity and normal living. It varies individually and requires detailed factual analysis in legal cases, such as disputes over residence or cruelty in marriage. R. Paranthaman VS P. Vanitha - Madras, Kailash Rani VS Kimti Lal - Punjab and Haryana
Landlord's Privilege - The landlord has the privilege to determine their way of living, including decisions about eviction, which is limited by considerations of hardship and alternative accommodation. This reflects the human living concept in property rights. Chhannu Lal (Since Deceased) (Sri) & Others VS Vth A. D. J. , Varanasi & Others - Allahabad
Cruelty and Normal Living - Cruelty, both physical and mental, is a ground for marriage dissolution, emphasizing the importance of humane living conditions. It is a human living concept that varies case by case and requires in-depth factual analysis. R. Paranthaman VS P. Vanitha - Madras
Analysis and Conclusion:
The living concept across these sources emphasizes adaptability, individual dignity, and societal progress. In legal contexts, it underscores the importance of dynamic interpretations—whether in wages, social justice, or personal rights—that evolve with changing circumstances. The concept promotes a humane approach to law, recognizing individual variability and the necessity for laws and policies to be flexible and responsive to real-life conditions.
References:
- Social and Economic Justice: HPSEB Limited VS Bal Krishan - Himachal Pradesh, JASMER SINGH VS STATE OF HARYANA - Supreme Court, Damodaran Pillai VS Kerala Water & Waste Water Authority - Kerala, Motor And Machinery Manufacturers Ltd VS STATE OF WEST BENGAL - Calcutta
- Living Wage: All India Reserve Bank Employees Association VS Bank Of India - Supreme Court, Standard Vacuum Refining Company Of India VS Its Workmen - Supreme Court
- Human Living and Personal Rights: R. Paranthaman VS P. Vanitha - Madras, Kailash Rani VS Kimti Lal - Punjab and Haryana
- Property and Privilege: Chhannu Lal (Since Deceased) (Sri) & Others VS Vth A. D. J. , Varanasi & Others - Allahabad
The concept of social and economic justice is a living concept of revolutionary import; it gives sustenance to the rule of law and meaning and significance to the ideal of welfare State. 18. ... A writ can similarly be issued where in exercise of jurisdiction conferred on it, the Court or Tribunal acts illegally or improperly, as for instance, it decides a question without giving an opportunity to be heard to the party affected by the order, or where the procedure adopted in dealing with the
Living wage concept is higher than fair wage and Article 43 lays down this as goal. ... LIVING WAGE” COMPARED WITH “MINIMUM WAGE” AND “FAIR WAGE”—“LIVING WAGE” IS TO PROVIDE FOR MALE EARNER NOT ONLY ON FOOD, CLOTHING, ... is in between minimum wage and living wage. ... Fair wage lies between the concept of minimum wage and the concept of living wage. ... 28. During the years wage determination has been done on industry-cum-region-basis and by compari....
Ratio Decidendi: The concept of a living wage is not a static concept; it is expanding and the number of its constituents ... . - LIVING WAGE - CONCEPT OF - CALCULATION OF - FULL BENCH FORMULA - APPLICATION OF - WAGE STRUCTURE - DETERMINATION OF. ... That is why it would be impossible to attempt the task of determining the extent of the requirement of the said concept in the context ... the wagestructure in question even approximately meets the legitimate requirements of the component....
and Eviction) Act, 1972 - Sections 10 and 11 of the Act - The court discussed the landlord's privilege to determine his way of living ... Ratio Decidendi: The court relied on the landlord's privilege to determine his way of living, the limited scope of judicial ... , the concept of comparative hardship, and the availability of alternative accommodation for the tenant. ... As a matter of proposition, it cannot be disputed that it is the privilege of landlord to determine his way of living and accommodate himself and his ....
of such a nature that normal living may not be possible. ... Ratio Decidendi: The court emphasized that the concept of 'cruelty' includes both physical and mental cruelty, and must be ... case law and highlighted that cruelty constitutes a ground for dissolution of marriage and must be of such a nature that normal living ... It is a human living concept which differ from individual to individual. As such for deciding the issue of cruelty in a given case, the facts are to be deeply analysed. ... 17. ......
More than 41 years ago, Gajendragadkar, J, opined that:- "the concept of social and economic justice is a living concept of revolutionary import; it gives sustenance to the rule of law and meaning and significance to the ideal of welfare State" -State of Mysore v. ... Undisputedly, retrenchment compensation was not given by the respondent-employer to the appellant contending that he is not entitled for the same, as he has not worked for 240 days, and therefore, the question of giving retrenchment compensation does not ar....
It held that the wife's demand for a separate residence was not unreasonable, given that the husband was living with his mother, ... It is a human living concept. It varies from person to person. Therefore, for deciding these grounds, in each case the facts are required to be minutely scanned. ... 11. ... In the month of November, 1979, repudiating all marital obligations, she left the matrimonial roof and started living at her parental home along with children. ... Since November 1979 they are living ....
More than 41 years ago, Gajendragadkar, J, opined that: ... "10.....the concept of social and economic justice is a living concept of revolutionary import; it gives sustenance to the rule of law and meaning and significance to the ideal of welfare State.
The principle of social justice is a living concept giving sustenance to rule of law and is not confined to industrial adjudication alone. ... 7.
IT is true that "the concept of Social and Economic Justice is living concept of revolutionary import, it gives sustenance to the rule of law and the meaning and significance to the ideal of a Welfare State" [A. I. R. 1958 S. C. 923 State of Mysore v. Workers of Gold Mines (1)]. ... (c) the workmen do not get living wages in the company and it was cruel to deprive them of wages for one day without justifiable cause. This was treated as opposed to the principles of social justice. ... But the Supreme Court administered a ....
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