Statutory Interpretation Archives

coal mining long service leave eligibility

Does eligibility for coal mining long service leave depend on the employer’s business or the employee’s work? Australia HC answers in 3:2 ruling

In the present case, a dispute arose as to whether Orica shotfirers working at black coal mines were “eligible employees” under the coal industry’s portable long service leave scheme. The dispute turned on the interpretation of the statutory definition of “eligible employee” and the operation of an exclusion relating to shotfiring services.

Case Briefs High Courts

Adopted child entitled to caste status of adoptive parents when biological parents unknown: Bombay High Court

“When the process of adoption is completed, the adopted child becomes the legitimate child of the parents and all rights, privileges and responsibilities are bestowed on him which are attached to that relationship.”

BNSS prevails over State amendment under CrPC

Case Briefs High Courts

‘Does S. 482 BNSS takes precedence over stricter State amendment to S. 438 CrPC?’ Uttaranchal High Court refers matter to larger bench

“When the Parliament enacts more liberal provisions, the benefit thereof should be available to all persons who may be affected, regardless of when their cases originated.”