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D

DECLARATORY RELIEF

By CIVIL MATTERS, DNo Comments

A claim for a declaratory relief is a discretionary remedy which is never granted as a matter of course, or on admission of the adverse party or in default of pleadings by the defendant. The claimant must lead evidence to establish his entitlement to the declaration he seeks and may not rely on the weakness of the defence, if any.

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DAMAGES

By CIVIL MATTERS, DNo Comments

The measure of damages an employee is entitled to in a claim for wrongful termination of employment on ground of failure to give the requisite notice or payment in lieu of the notice is, by law, the salary the employee would have earned had the employment been rightly and properly terminated by giving the requisite notice or payment in lieu thereof by the employer.

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