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متابعة

What do you mean Beneficial Legislation is? Thanks.

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تم إضافة السؤال من قبل Gayasuddin Mohammed , Advocate , Practicing Law before High Court at Hyderabad
تاريخ النشر: 2016/07/31
Ahmed Babikir  Elshiekh Ahmed
من قبل Ahmed Babikir Elshiekh Ahmed , Legal Adviser , Ministry of Interior

 

It is the act or the legislation which gives a special benefit to individuals or any class of people like employees, students or any other class of people. This means the legislator intend to give a privilege to those people on the curtain basis and certain circumstances when the courts applying those types of laws , the judge try to interpret the provisions of the act in a way which maintaining the said benefit to those people. We can see the clearly in the labor law disputes, where the court try its best to interpret the article and clauses of the law to the benefit of the employee, especially when any ambiguity appears. I can say that the beneficial legislation is in line with all principles and doctrine of welfare

 

Many thanks for inviting me to share in answering this good question

 

amira tahri
من قبل amira tahri

Beneficial legislation is a statute which purports to confer a benefit on individuals or a class of persons. Such benefit is given by interpreting the statute liberally and thus beneficial legislation should be interpreted liberally. Beneficial legislation should be interpreted in a purposive manner which would effectuate the object of the welfare legislation. The following paper aims to understand the tern beneficial legislation and its interpretation. Industrial Dispute Act is also a beneficial legislation which aims to protect the workmen. The courts while interpreting labour laws have always stressed on the doctrine of social justice and interpreted such legislations very liberally. Following paper is restricted only to the interpretation of Workman and Industry definition under Industrial Dispute Act which will be supported by different case laws to find out the benefits of the welfare statute.

Gayasuddin Mohammed
من قبل Gayasuddin Mohammed , Advocate , Practicing Law before High Court at Hyderabad

Beneficial Legislation is the legislation which extends benefit to certain individuals or group of individuals as a matter of right.

Workmen Compensation Act deals with Employees/Workmen's claims against the Empoyer and state, wherein the benefit will be extended to workmen/Empoyees being a welfare legislation and as such it is a beneficial legislation.

 In criminal law, if there is any doubt in ascertaining the fact then the benefit had to extend to accused based on the principle that an innocent should not be suffered.

 Tax laws, if benefit has to extend means it is to the assessee not to the State.

These are basics of this principle. Thanks.

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