Court : Allahabad
Reported in : AIR1996All375
..... yet been devised which is free from all discriminalory impact and that in such a complex arena in which no perfect alternatives exist, the court docs well not to impose too rigorous a standard of criticism, under the equal protection clause, reviewing fiscal services. ..... decision only on threegrounds (1) where ratio of the earlier decision has been impliedly overruled or whittled down by a subsequent judgment of the superior court or a larger bench of the same court; (2) where it can be said with certainty that a co-equal bench has laid down a law directly contrary to the same and (3) where it can be conclusively said that the judgment of the larger bench was rendered per incuriam, it is nothing but appropriate to refer a full bench ..... not justify reconsideration by a larger bench; (b) where it is unequivocally manifest that the raito of full bench has been impliedly or directly overruled by the superior court or larger bench of the same court, reference could be made: (c) where co-equal bench has laid down law directly contrary to each other, reference could be made: (d) the judgment of a larger bench is rendered, by failing to take note of aclear-cut statutory provision or earlier binding judicial precedent, reference could ..... the question, therefore, is whether the classification made by the proviso to sub-section (1) of section 3-a in the present case satisfies the aforesaid test or it is arbitrary and irrational and hence violative of equal protection clause in article 14. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1960All484
..... this, being a special provision, may be treated as an exception to article 14 which enjoins that all citizens shall enjoy equality before the law and the equal protection of the laws.but article 310 is neither a special provision nor an exception vis-a-vis part iii.. ..... of article 16, hut on the very next day they may terminate the appointment of the candidates by applying the discriminatory tests prohibited by article 16(2)'.in other words, the learned judge feared that unless the guarantee of equality continues to protect a citizen even after he has become a state employee the state may defeat this guarantee by giving a job with one band and taking it away with the other. ..... , an employee who has been denied equality before the law or the equal protection of the laws can appeal to article 14, and if the state has discriminated against him for motives of religious, bigotry, racialism, casteism, provincialism or on the ground of sex evils expressly banned by article 15 he can invoke the protection of that article.77. ..... are, according to him 'matters' relating to employment and, as the clause guarantees equality of opportunity for all citizens in such 'matters', it means that it is intended to protect the citizen even afer he has entered the service of the state. ..... dwivedi would like the guarantee of equality of opportunity to protect the citizen not only when he is looking for state employment but also throw its protective mantle over him throughout his career of service under the .....
Tag this Judgment!Court : Allahabad
Reported in : 1996CriLJ1309
..... if law deals equally with all members of a well defined class it is not obnoxious and it is not open to the charge of denial of equal protection on the ground that it has no ..... concept of personal liberty of an individual from an illegal or arbitrary arrest by the police or by some administrative act and the order is of protection of interest of the society at large from terrorism and atrocities of the large and extensive activities of the criminals. ..... have always acted with restraint in defining its own powers though the very courts have gone to any extent in using its powers under article 226 of the constitution of india in order to protect the fundamental rights of the citizens and uphold the rule of law. ..... most that can be suggested is that the entire country deserves to be brought on similar lines so that equal opportunity in procedural law regarding anticipatory bail is available to all, which similarity exists for the purpose of ..... that high courts could pass interim orders of injunction, stay or any other manner for giving protection of life and personal liberty if article 21 was being affected. ..... criminal law primarily concerns with social protection and prescribed rules of behaviour to ..... application for bail on merits.each of those directions would, as discussed in detail above, violate the provisions of law and subvert the process inherent in the bail determination.it is not that we are not equally concerned about the unnecessary deprivation of liberty of any individual. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1956All100
..... article 14 of the constitution provides that the state shall not deny any person equality of the law or the equal protection of laws within the territory of india.the mere differentiation in the act does not make a legislation obnoxious. ..... the equal [protection of the laws means protection of equal laws. .....
Tag this Judgment!Court : Allahabad
Reported in : II(1994)DMC64
..... , a woman and particularly helpless woman does not result and does it not perpetuate something that is anti to the doctrine of equality before law and equal protection of law does it not run counter and anti to the prohibition enshrined and provided by article 15 of the constitution against discrimination on the ground of sex or in ..... when the constitution of india ordains vide article 14 that 'state shall not deny to any person equality before the law or the equal protection of the laws within the territory of india and that the state shall not discriminate against any citizen only on the ground of religion, race, caste, sex or place of birth ..... marriage act wherein the husband and wife under court's decree may live separately as judicially separated without marriage ties being broken and a hindu wife or a christian wife may succeed in protecting and saving her holding from the clutches of its being clubbed with that of her husband without breaking the marriage ties but a muslim or musalman husband or wife even if the marriage ..... then it connotes the idea of continuance of ties of marriage but separate living or separation of husband and wife under the decree for judicial separation then such a conception may not be in consonance with the doctrine of equality instead it has a tendency of conferring benefit to women folk not belonging to muslim community as firstly, under muslim law there is no such concept of judicial separation or separation by judicial decree as is available under .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All718
..... article 14 of the constitution is :'the state shall not deny to any person equality before the law or the equal protection of the laws within the territory of india. ..... 289 :'the effect of a state law may bring it under the condemnation of the equal protection clause, however, innocent its purpose. ..... the onus of proving that the equal protection clause has been violated, is upon the person who assails the law; the legislature is to be presumed to have acted from lawful motive. ..... stated that, 'the equal protection of the laws is a pledge of the protection of equal laws'. ..... as there was no discrimination against any particular railway corporation and they all were subject to the same liability, the statute did not deny the equal protection of laws to the railway corporations. ..... if the classification makes all members of the class equally liable it does not contravene the equal protection clause; barbier v. ..... 'the guarantee against denial of equal protection of the laws does not require that absolutely the same rules of law shall apply to all persons irrespective of differences of circumstance. ..... 'that equal protection & security should be given to all under like circumstances in the enjoyment of their personal & civil rights; that all persons should be equally entitled to pursue their happiness & acquire & enjoy property; that no greater burdens should be laid upon one than are laid upon others in the same calling & condition, and that in the administration of criminal justice no different or .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1953All123
..... was held by the majority of the court that section 11 of the ordinance in so far as it authorises the state government to direct offences or classes of offences or classes of cases to be tried by the special court did not offend against the equal protection clause of the constitution of india and the notification which has been issued by the saurashtra government under that part of the section cannot be held to be invalid or 'ultra vires'. ..... the argument of the learned counsel was that the provisions of article 14 which guarantee 'equality before the law' or 'the equal protection of the laws' within the territory of india were violated by the provisions of law relating to jury ..... crucial question for decision in the present case is whether in providing for a jury trial for the offence of dacoity the state can be said to have denied to the appellants either 'equality before the law' or 'the equal protection of the laws' within the meaning of these expressions as contained in article 14 of the constitution. ..... , observed thus:'the nature and scope of the guarantee that is implied in the equal protection clause of our constitution have been explained and discussed in more than one decision of this court and do not require ..... with reference to the clause 'equal protection of the laws' in article 14, it was held: 'what the equal protection clause means is simply this that the same law should govern those similarly circumstanced; it cannot and does not prohibit different laws for those .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1954All257
..... the first part reiterates, as has been said, the 'basic principles of republicanism' while the second, part guarantees 'equal protection' to all citizens in the enjoyment of their rights and liberties without favouritism or discrimination.there have been a good many decisions of the supreme court as to the scope of article 14 of the ..... they expressed the view that the state could not engage in business or commerce denying equality before the jaw or equal protection of the laws to other persons as against itself.the reason behind this view appears to me to have been that under section 42(3) (a) there was a clear discrimination between the state and the individuals in the same field ..... it was argued that there was under the impugned act no equality before the law or the equal protection of the laws to people who wished to carry on the business of transporting passengers by motor ..... contended on behalf of the petitioners that the impugned legislation was discriminatory and it infringed the provisions of article 14 of the constitution.article 14 of the constitution is in these words:'the state shall not deny to any person equality before the law or the equal protection of the laws within the territory of india',36. ..... this power in some degree was likely to produce some inequality but if the law dealt with the liberties of a number of well defined classes then the law was not open to the charge of denial of equal protection on the ground that it had no application to other persons. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1956All520; 1956CriLJ1031
..... his submission is that in giving such arbitrary powers to the public analyst in making out a certificate which may to all intents and purposes be erroneous, the section denies the accused the equal protection of the laws and it further takes away the right to practice his profession of the sale of pure ghee which would inevitably be the result if the conviction of the applicant is allowed to be based upon such ..... state of saurashtra : 1952crilj805 , the same learned judge again, at page 131, observed as follows:'it is a doctrine of the american courts, which seems to me to be well founded on principle, that the equal protection clause can be invoked not merely where discrimination appears on the express terms of the statute itself, but also when it is the result of improper or prejudiced execution of the law: vide weaver on constitutional law ..... the position therefore is that when the statute is not itself discriminatory and the charge of violation of equal protection is only against the official, who is entrusted with the duty of carrying it into operation, the equal protection clause could be availed of in such cases; but the officer would have a good defence if he ..... the inhibition of the article that the state shall not deny to any person equality before the law or the equal protection of the laws was designed to protect all persons against legislative discrimination amongst equals, and to prevent any person or class of persons from being singled out as a special subject for .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1951All746
..... our constitution lays down two things : it enacts that:'the state shall not deny to any person (1) equality before the law or (2) the equal protection of the laws within the territory of india,' obviously, these two phrases have different meanings to some extent. ..... this being the position in regard to the equal protection clause, let us examine the grievance of ..... the guarantee of equal protection is not to be understood, therefore, as requiring that every person in the land shall possess precisely the same rights & privileges as ..... 'equal protection ..... argument has more directly centred round the question of the meaning to be attached to the words 'equal protection of laws. ..... ' professor dicey contrasts it with the idea of droit administratif, or administrative law, which exists in many continental countries & concluded that by the expression 'equality before the law' which is one of the features of the rule of law, is meant, the equal subjection of all classes to the ordinary law of the land administered by the ordinary law courts; the 'rule of law' in this sense excludes the idea of any exemption of officials or others from the duty ..... regard to the reasonableness or otherwise of a classification, is objective & not purely subjective, it is only in the-clearest cases that courts could be justified, if at all, in jumping to the conclusion that the equality clause is offended because of some classification which the state has made either for political^ economic security or safety reasons.78. .....
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