Court : Chennai
Reported in : AIR1951Mad147; (1951)IMLJ628
..... fourteenth amendment in declaring that no state 'shall deprive any person of life, liberty or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws', undoubtedly intended, not only that there should be no arbitrary deprivation of life or liberty or arbitrary spoliation of property but that equal protection & security should be given to all under like circumstances in the enjoyment of their personal & civil rights; that all persons should ..... a classification having some reasonable basis does not offend the rule of 'equal protection of the laws' merely because it is not made with mathematical, logical or scientific accuracy or because practice & actual working it ..... laws' like the american decisions interpreting it mix up the two concepts of 'equal protection of the laws' & 'due process of law' both of which find a place in one sentence in section 1 of the 14th amendment :'no state shall make or enforce any law which shall abridge the privileges or immunities of ..... nambiar, raised a further contention that the act offends the guarantee of equal protection of laws under article 14 as section 17 (3), criminal law amendment act, makes the offence under section 17 (1) non-bailable notwithstanding anything contained in ..... 'the state has the undoubted authority notwithstanding the formula of the 'equal protection of the laws' the power to classify the subjects of legislation based on particular objects or to classify persons to .....
Tag this Judgment!Court : Chennai
Reported in : AIR1951Mad120; (1950)IIMLJ404
..... notwithstanding the civil war as a result of which negroes were freed from slavery, & the enactment of the 14th amendment guaranteeing to all persons the equal protection of the laws, & the 15th amendment giving the right to vote to all citizens irrespective of colour, discrimination against negroes & citizens of asiatic origin, direct or indirect, open or covert, 'simple or sophisticated', has been a persistent feature of state ..... 68, 71.class legislation or administrative action discriminating in substance & in effect though not in form, against some citizens & favouring others, is unconstitutional as violating the guarantee of equal protection of the laws given to all persons by section 1 of the 14th amendment, corresponding to article 14 of our constitution. ..... the clause in the fourteenth amendment to the united states constitution which provides for the equal protection of the laws has been always interpreted as a provision for preventing the enforcement of discriminatory measures. ..... it was held by that court, that there was a denial of the equal protection of the laws to the appct & that the refusal was improper. ..... the state must provide it for her in conformity with the equal protection clause of the fourteenth amendment & provide it as soon as it does for appets. ..... certain decisions of the supreme court of america construing the phrase 'the equal protection of the laws' were cited to us, but learned counsel for petnra. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1963Mad434; 1963CriLJ636
..... the enactment with the rest of the corpus of law applicable to those similarly situated.in (1897) 41 law ed 666 we find the emergence of the doctrine that classification is permisible to relieve a law from the charge of denial of equal protection, but this must not be arbitrary but has to be based upon a difference which has a just and proper relatioin to the attempted classification. ..... the argument of the learned counsel on this aspect, largely proceeded upon an elaboration of the case-law with regard to equal protection of law, both in the united states of america and in this country; the attempt was to show that, initially, the discrimination was fought in the courts of the united states of america on the basis of ..... but the objection to the validity of the section under the first head, namely, that it denies equal protection of laws to persons similarly situate, was not taken before the learned judge; nor even in the grounds ..... connolly, (1883) 28 law ed 923 concentrated upon the need that 'equal protection and security should be given to all under like circumstances in the enjoyment of their personal and civil rights...that no impediments should be interposed to the pursuits of any one, except as applied to the same ..... 30 law ed 220:'these provisions are universal in their application to all persons within the territorial jurisdiction without regard to any differences of race, of colour or of nationality and the equal protection of law is a pledge of the protection of equal laws. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1953Mad326; (1953)IMLJ306
..... the supreme court held that the prohibition contained in the aforesaid section against interference by injunction between employers and employees in cases growing out of a dispute concerning terms or conditions of employment denies equal protection of the laws when applied to defeat injunctive reliefs which under the local statutes would have been proper had the controversy been any other than between employers and former employees. ..... amendment, in declaring that no state shall deprive any person of life, liberty, or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws, undoubtedly intended, not only that there should be no arbitrary deprivation of life or liberty, or arbitrary spoliation of property, but that equal protection and security should be given to all under like circumstances in the enjoyment of their personal and civil rights; that all persons should ..... of the ordinances as adopted, they are applied by the public authorities charged with their administration, and thus representing the state itself, with a mind so unequal and oppressive as to amount to a practical denial by the state of that equal protection of the laws which is secured to the petitioners, as to all other persons, by the broad and benign provisions of the fourteenth amendment to the constitution of the united states. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1955Mad135
..... not bad as it was based on valid classification and that territorial classification also it a good ground of classificationa part from this, it has been held by the supreme court of the united states that the equal protection clause contemplates persons and classes of persons, that it has no reference to local and municipal regulations that do not injuriously affect or discriminate between persons or classes of persons within places or municipalities for which such ..... point (a): article 14 of the constitution declares that the state shall not deny to any person equality before the law or the equal protection of the laws within the territory of india'.the article applies to citizens as well as to non ..... deny to any person withinits jurisdiction the equal protection of the laws'.both laws, substantive and adjective, are equally subject to the constitutional limitations under article 14 unless of course the change in procedure ..... the scope and extent of the fundamentalright of equal protection guaranteed under article 14can best be set out in the following extract frombasu's commentary on the constitution of india(second edition) ..... do not render a law invalid on the ground of infringing equal protection' (cooley constitutional limitations 8th edn. ..... of appeal to the supreme court of the state was provided in case arising in certain districts, while in cases arising in certain other districts a right of appeal only to another court was provided, the equal protection clause was not violated. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1953Mad729; (1953)IIMLJ61
..... question in the form to which we have restricted it is, section 14 of the fugitive offenders act is inconsistent with the fundamental rights of equal protection of laws guaranteed by article 14 of the constitution and is to that extent void and unenforceable against the petitioners. ..... to the second question is that section 14, fugitive offenders act is inconsistent with the fundamental right of equal protection of the laws guaranteed by article 14 of the constitution and is to that extent void and unenforceable ..... sums up the position thus : 'article 14 is designed to protect all persons placed in similar circumstances against legislative discrimination, and if the legislature takes care to reasonably classify persons for legislative purposes and if it deals equally with all persons belonging to a well-defined class, it is not open to the charge of denial of equal protection on the ground that the law does not apply to other ..... need, there must, in my opinion; be some basis better than geographical contiguity alone, if the test of 'equal protection of the laws within the territory of india' specifically provided for by article 14 of the constitution is to apply. ..... before i consider the question, whether section 14 of the impugned act constitutes a denial of the equal protection of the laws within the territory of india, within the meaning of article 14, it may be desirable to refer to the scheme of the statutory law of extradition in india, which was in force prior to the commencement .....
Tag this Judgment!Court : Chennai
Reported in : AIR1953Mad105; (1952)2MLJ598
..... corporation commission', (1929) 278 us 515 :73 law ed 483,'it must be admitted that the guarantee against the denial of equal protection of laws does not mean that identically the same rules of law should be made applicable to all persons within the territory of india in spite of differences of circumstances and conditions .... ..... the question actually under consideration was how far classification made bv a statute could be impugned as denying equal protection, without any differentiation between classification made in the statute itself and classification made by the administration acting under statutory powers.the legislative knowledge and experience referred to in these observations would include in the context ..... the restriction that it shall not be so exercised as to deny to any the equal protection of the laws does not compel the adoption of an iron rule of equal taxation in order to prevent variety or differences in taxation or discretion in the selection of subjects or the classification for taxation of properties, businesses, trades, callings or occupations' ..... the following principles may be taken to be well-established : (1) the guarantee of equal protection of laws does not require that the same law should be made applicable to all persons or that the law should have the same operation on all ..... 'the guaranty of the 14th amendment of the equal protection of the laws is not a guaranty of equality of operation or application of a state legislation upon all citizens of state .....
Tag this Judgment!Court : Chennai
Reported in : [1956]7STC346(Mad)
..... none the less the impugned statutory provision has to satisfy the test of equal protection of laws guaranteed by article 14 of the constitution before it can be enforced now against the first petitioner. ..... a statutory discrimination will not be set aside as the denial of equal protection of the laws if any state of facts reasonably may be conceived to justify it.10. ..... it should be obvious that taxation laws also should stand the test of the equal protection of laws guaranteed by article 14 of the constitution. ..... the same principles can well apply in deciding whether a given statutory provision satisfies the test of equal protection of laws guaranteed by article 14 of our constitution. ..... the charge is that the discrimination is irrational and so unconstitutional as it offends the fundamental right of the petitioners to the equal protection of laws guaranteed by article 14 of the constitution. ..... (6) if a law deals equally with members of a well-defined class, it is not open to the charge of denial of equal protection on the ground that it has no application to other persons. ..... all it says is that the states shall not deny to any person within their jurisdiction equal protection of the laws. ..... (4) the principle (of equality) does not take away from the state the power of classifying persons for legitimate purposes. ..... it does not say when persons are within the jurisdiction of a state nor what are equal laws. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1951Mad191; (1951)ILLJ148Mad; (1951)IMLJ527
..... it is there held that if employers were denied the right to obtain injunctions while such a right was permitted to the employees, then there was the denial of equal protection of laws to one set of persons placed in similar circumstances. ..... what the prohibition against the denial of equal protection of the laws to all persona situated in similar circumstances connotes is that all persons subject to such legislation shall be treated alike under like circumstances & conditions both in the privileges conferred & in the liabilities imposed. ..... , has discriminated between persons to whom the same set of circumstances applied, & therefore offended article 14 of the constitution, which provides for equality before the law or the equal protection of law for all persons. ..... where the subject of equal protection of the lawa is discussed. ..... the expression 'equal protection of the laws' which occurs in the 14th amendment ofthe united states constitution has been explained in several decisions of the cts. ..... 'equal protection of the laws' means that all persons & business similarly situated, shall be treated alike. ..... though the legislature recognised, that the awards are invalid, it has afforded protection to persons who have approached cts. ..... clause (f) shall prevent the state from making any law imposing reasonable restrictions in the exercise of any of the rights conferred by the aaid sub-clause either in the interests of the general public or for the protection of the interests of any scheduled tribe.5. .....
Tag this Judgment!Court : Chennai
Reported in : (1956)2MLJ179
..... nonetheless the impugned statutory provision has to satisfy the test of equal protection of laws guaranteed by article 14 of the constitution before it can be enforced now against the first petitioner ..... a statutory discrimination will not be set aside as the denial of equal protection of the laws if any state of facts reasonably may be conceived to justify it.in our opinion, those principles could well apply in testing the validity of any of the acts in this country ..... it should be obvious that taxation laws also should stand the test of the equal protection of laws guaranteed by article 14 of the constitution. ..... the same principles can well apply in deciding whether a given statutory provision satisfies the test of equal protection of laws guaranteed by article 14 of our constitution. ..... the charge is that that discrimination is irrational and so unconstitutional as it offends the fundamental right of the petitioners to the equal protection of laws guaranteed by article 14 of the constitution. ..... (6) if a law deals equally with members of a well-defined class, it is not open to the charge of denial of equal protection on the ground that it has no application to other ..... it says is that the states shall not deny to any person within their jurisdiction equal protection of the lows. ..... , observed:(4) the principle (of equality) does not take away from the state the power of classifying persons for legitimate ..... does not say when persons are within the jurisdiction of a state nor what are equal laws. .....
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