Caso de Jurisprudência BRIC – Índia

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Última atualização: 14/05/2025 21:22

 1. (2008) 4 SCR 1 / 10.04.2008 – Ashoka Kr. Thakur Vs. Union of India & Ors.

 – Constitution 93rd Amendment, 2005 vis-à-vis “basic structure” of the Constitution – Educational institutions – OBC reservation.
 
 
– Claim for equal pay for equal work – Burden to prove is on the workman.
 
 
– Labour Law – Reinstatement – Unjustified and illegal termination of services or workman itself does not create a right of reinstatement with full back wages – Reinstatement with 50% back wages ordered.
 
 
– Right to education free from fear of security and safety is fundamental right of each and every child.
 
 
– Destruction of property during bandhs and hurtals – Prevention of – Guidelines.
 
 
– Socio-economic legislations to be interpreted in a manner, which furthers its object.
 
 
Fatal accident – Award of compensation more than the sum claimed is permissible.
 
 
– Only gross medical negligence would amount to criminal negligence.
 
 
– A woman’s right to make reproductive choices is covered under Article 21 of the Constitution.
 
 
– Industrial Units responsible for pollution, to pay for reversing the ecology.